Can TDIU Permanent and Total be Taken Away?

Total Disability based on Individual Unemployability, or TDIU, allows you to receive VA compensation at the 100% disability rate (even if your combined VA rating is below 100%) if your service-connected condition prevents you from securing and maintaining substantially gainful employment. 

In addition, ONE of these must be true: 

– You have at least 1 service-connected disability rated at 60% or more disabling, or  
– You have 2 or more service-connected disabilities, with at least 1 rated at 40% or more disabling and a combined rating of 70% or more 

Even with a lower rating, TDIU might be possible if your condition puts you in the hospital frequently. 

Note: The VA defines substantially gainful employment as competitive work that pays above the federal poverty level and is comparable to what nondisabled workers earn in the same job locally. Marginal jobs or sheltered work environments generally don’t count against TDIU eligibility. 

Learn More: VA Individual Unemployability Fact Sheet 

TDIU can last for the rest of your life, but it depends on your condition and whether the VA believes you’re still unable to work.

It’s not automatically permanent when first granted; instead, it’s treated as non-permanent and monitored through periodic review.

During these reviews, the VA looks for signs that your condition has improved enough for you to return to substantially gainful employment. 

TDIU can become permanent when the VA determines that your service-connected conditions are unlikely to improve.

Signs your TDIU may be permanent:

– The VA states it’s permanent in your decision letter 
– You’re no longer scheduled for routine medical exams 
– You become eligible for Chapter 35 DEA benefits 

Permanent TDIU makes your benefits more secure, but not completely protected from reduction. 

Related Post: The Difference Between TDIU and 100 Percent VA Disability 

Yes, TDIU permanent and total (P&T) can be taken away, but only under specific conditions. 

The VA can reduce or revoke your benefits if: 

– You maintain substantially gainful employment for 12 consecutive months 
– Your condition significantly improves, making you employable 
– The original award was based on fraud or clear error 

However, if you’ve had TDIU for 20 years or more, it’s protected under the VA’s 20-Year Rule, meaning it can’t be reduced unless fraud is proven. 

VA Unemployability typically lasts indefinitely, as long as you’re unable to secure and maintain substantially gainful employment.

You can work marginal jobs (like part-time or below-poverty-level income), but full-time, well-paying work could trigger a review. 

TDIU doesn’t automatically end at a certain age. You can receive TDIU into retirement, even past age 65, as long as you remain unemployable due to service-connected conditions. 

Most TDIU claims take several months to process.

However, timelines vary based on: 

– The severity of your condition
– How quickly the VA collects medical and work history evidence
– Whether your application is complete and well-documented 

Pro Tip: You can check your claim status at any time at VA.gov. 

Related Post: How Long Does It Take to Get VA Unemployability?

TDIU provides more than just monthly compensation at the 100% rate.

If your TDIU is Permanent and Total, you may also qualify for: 

– CHAMPVA health coverage for eligible family members (covers medical care, prescriptions, and specialized treatment) 
– Veteran readiness and employment services to help overcome work barriers and build new skills 
– Access to other VA benefits, including education assistance and potential property tax relief (depending on your state)