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Your age and TDIU

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Carl the Engineer

Question

Ok, I pretty much got SSDI understood regards age, etc. but, 

If one has a service connected disability(s) that prevents them from doing thier current job or what he did before for his entire life and of course is not working,  What ages are considered, if any.

Is age 20?

Is age 50?

And how about 55?  Me, next year.

Really not for me because I currently dont meet the requirements and I am employed.  However, may be unqualified for work in a year or too because of a couple different medical maledies.  Just looking for examples were age mattered.

Thanks,

Hamslice

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The only thing I could find as far as age and IU is this:

Monitoring changes in employability status is not required when the Veteran

 

  • is 69 years of age or older

  • has been rated totally disabled due to unemployability for a period of 20 continuous years, which protects the evaluation from future reduction under 38 CFR 3.951(b), or

  • is assigned a 100-percent schedular evaluation.

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Also, at a Veterans age 65, he is automatically assumed to be P and T for employment (pension) purposes.  In other words, the 65 year old does not have to prove unemployability for pension purposes.    However, the 65 year old pensioner will still have any earnings he makes deducted from his pension.  

Edited by broncovet
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As long as Congress doesn't change anything, age isn't considered in IU, only your ability to earn the current "SGI-Subtantially Gainful Income" of $12,400 (under 65, $11,400 over 65). Some at the CBO would propose to illiminate or reduce IU for Vets north of 65, immediately for "New Claims" and phased in for current IU Vets.

The VA Rater really doesn't care if your claimed SC condition precludes you from doing your current or old job. With an IU rating, it will all come down to, can You do "any Type of Sedentary Work" that should or would provide $238.00 earned income, weekly?

Not all IU awards are "T & P - No Future Exams Scheduled." The age of "55" really only pertains to regular SC Awards and future "Diary Date" C & Ps 2-3 yrs after initial award. Some SC conditions can improve with time or surgery. A young Vet can and should expect periodic C & Ps.

 If awarded IU, the age of 70 exempts the IU Vet from having to provide the VA with an IU anniversary date 12 month earned income statement. Failure to submit within 60 days of request, is grounds to reduce Comp Level to Vet's actual SC Rate.

VA Pension is a taxable benefit for low income Vets that served during a time of war. All the Vet's income as well as SSI is considered. It's been a couple years since I got my Bro-inlaw on it but at that time, about $14,000 was the income limit. The VA paid him the diff between his yrly SSI and the $14K. In addition, he also received SMC for A & A and Housebound. Not bad, for doing 3 yrs in Germany, early 60's.

Semper Fi

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I don't think there suppose to consider age, because if a veteran becomes disable after his military service  and his service was the cause if his disability that warrants him disable and can't work because of it  age is a non factor & veteran has a service connected disability

Its good if the veteran can get into VOC-Rehab  and the rehab counselor can't find any type of work for this veteran  then  the veteran is consider to be untrainable because of his sc disability agian age is not suppose to be a deciding factor.

The way the VA looks at this is if a veteran can't do the work he was trained to do because of his sc disability and don't meet the criteria for TDIU the 100% rate  then the VA is suppose to use the extra scheduler if the veteran is 60%   and raise the veterans% to the 100%rate and award the TDIU and if the disability is is static or of nature  then P&P is warranted  with no future exams.  this is called 60%combined rating BUT GETTING THE 100% RATE & TDIU

when the veteran has a 5 year rating and has been concurrent  then  that  makes it hard for the VA to call him in for a C&P but they still can if they feel its warranted  same with the age 55  but at 55 its more than likely he /she will not be called in.

if the veteran gets called in he/she can write a letter/email to the under secretary Allison Hickey and give an explanation as to why  they disagree to be sent for the exam.

 

Also in some states  not all but some  as for as sending in the  questioner   I RECEIVED  a letter from my RO stating it was not necessary to send in the questioner  that's been 4 years ago...my state is Texas...I been TDIU P&T For 14 year now concurrent.

 

I think they send out that letter to the veterans that have a static or of nature P&T disability  meaning that the disability is not likely to improve

 

JMO

 

 

.............Buck

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