tdiu Does 100% P&T Rating = TDIU

[Big Country]

Crazy Question:  If you are 100% Permanent and Total, are you then TDIU?  

[Vync]

Here are a couple of VA links which help explain it:

http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp

http://www.blogs.va.gov/VAntage/17608/individual-unemployability-understanding-basics

and probably the best explanation:
http://www.veteranslawblog.org/tdiu

 

Also, if you are 100% P&T, as long as you have not been deemed Individually Unemployable (IU), you can still be employed. However, if you are deemed to be IU (100% or not) and the VA learns you are gainfully employed, that would be a problem.

[Big Country]

Vync thanks a million the information has provided me clarification.  Roll Tide!

[Vync]

Glad to help!

[Guest]

Does 100% P&T Rating = TDIU? NO.  IMHO,  a rating of 100% P & T rating is greater than a TDIU or a 100% TDIU even though they all pay the veteran the same benefits because a 100% combined rating means that the veterans service connected disabilities have been adjudicated and rated  to 95% or higher to equal 100% and it would be a lot harder for VA to reduce the veterans benefits.  A TDIU or a 100% TDIU P & T veteran is still subject to reevaluation and VA can propose to reduce the veteran at any time. Even though it is not required the TDIU or the 100% TDIU P & T veteran should seek a 100% P & T combined service connected rating to protect his/her benefits.

P. S. A 100% P & T rated veteran for a sole mental health condition cannot legally work.  A 100% TDIU or a 100% P & T TDIU for a sole mental health condition cannot legally work. So the bottom line is that a veteran rated 100% for a single condition for a mental health disorder cannot legally work because the rating criteria precludes a veteran from working.

[Big Country]

Thank Pete 992!  Great information....spot on.  You and vync provided great clarity.  I now understand that 100% P&T Trumps TDIU due to the fact that under TDIU benefits can be reduced.  

[Gastone]

AND! Are you rated, (P & T, No Future Exams Scheduled)? Unless the "NFES" is stated on your award, an award is subject to review on a Diary Date basis, usually 18-24 or 36 mos. A Vet could and probably should, expect a Review just before he hits 55, the VA cut off for scheduling SC Reviews.

Even after 55 and being an actual 100SC or TDIU "NFES" rated vet, filing a new claim as a Secondary to a Current SC would open the original SC for Review. A Vet filing a New claim at that point, is in search of an SMC  A&A or Housebound Award.

As to earned income limitations, Straight 100SC - sky's the limit, IU must be below the SGI figure of $12,400 under 65 - $11,400 over 65. If an IU vet has earned Income over the SGI for (12) consecutive months, a reduction back to his original SC Rating will be proposed by the Rating Dept. With IU, a vet must report his 12 prior months income within about 60 days of his IU anniversary date. This reporting requirement ends at the Vets age of 69. Failure to return the VA Income Form within the stipulated time frame, in-dangers the continuation of the IU Award.

The VA Income form takes little, almost no time to complete. A Vet would be a fool not to complete & return it in the alloted time, Cert - Return Rect.

Semper Fi