Total Disability based on Individual Unemployability, or TDIU, is a VA benefit that allows veterans with a disability rating of less than 100% to receive monthly payments equal to the maximum rate.
Many veterans live with devastating service-related disabilities that make it impossible or unbearable to work full-time, but aren’t considered totally disabled. To be eligible, the veteran must no longer be able to maintain “substantially gainful employment’ and have either one disability rated at 60 percent or multiple conditions with a 70 percent combined disability rating and one rated at least 40 percent.
Those left to rely on TDIU income may understandably worry about whether their benefits are permanent—and if not, under what circumstances they could be taken away.
Is TDIU Permanent?
TDIU is not permanent by default, but the VA can grant permanent status. However, even permanent TDIU benefits can be lost or reduced in certain circumstances.
How Can TDIU Be Made Permanent?
The VA can sometimes grant permanent TDIU status to veterans with disabilities that aren’t expected to ever meaningfully improve. This status should be noted on your award letter. If your letter mentions eligibility for Chapter 35 or CHAMPVA benefits, or states that you have no scheduled future medical exams, your TDIU is likely permanent.
Temporary TDIU may also become functionally permanent under certain conditions. When you turn 70 or have been receiving TDIU benefits for at least 20 years, the VA can no longer reduce your benefits unless fraud is involved.
In What Situations Can the VA Reduce or Terminate My TDIU Benefits?
Your TDIU benefits can be reduced or terminated if you improve to the point where you no longer meet the eligibility requirements, or fail to prove that you still do.
Situations where you could lose TDIU include the following:
- Gainful employment: While you can still work part-time while receiving TDIU benefits, a key eligibility requirement is the inability to hold “substantially gainful employment.” If your income from work exceeds the federal poverty line for 12 straight months, you may no longer qualify for TDIU.
- Medical improvement: If your service-related conditions significantly improve, leading to a VA disability rating decrease following re-examination, your TDIU benefits may be reduced or rescinded.
- Failure to cooperate: If you don’t properly report your income or miss scheduled compensation and pension exams, the VA might increase its scrutiny of your eligibility and move to reduce your benefits for lack of cooperation.
What Should I Do if I’m at Risk of Losing My TDIU Benefits?
If you’ve received a Notice of Proposed Reduction from the VA, you only have 60 days to contest the potential TDIU reduction and 30 days to request a hearing. Contacting the experienced veterans disability lawyers at Rob Levine Law as soon as possible will give you the best chances of preserving your TDIU benefits.
Our attorneys can help you gather new evidence to support your eligibility and push back on the VA, forcing it to prove that you’ve experienced “material improvement” of your condition.
Founder Rob Levine, a former military police officer in the National Guard, has been dedicated to serving veterans and advocating for their rights for decades. Our trusted team has more than 75 years of combined experience handling veterans disability claims, helping more than 50,000 clients recover over $2 billion in compensation and benefits.
Our team is available 24/7 to take your call, and with our Fee Free Guarantee®, you won’t pay us anything unless you win. Contact us online or call (800) 742-3920 today for a free consultation.
