tdiu TDIU at 20 Year Mark

[john999]

If any of us do hit the 20 year mark being TDIU for that entire 20 years then I assume your TDIU rating becomes permanent and untouchable.  Does this mean the VA just grants you a permanent rate of 100% or a permanent rate of TDIU?  I sure won't be young enough

to go out and start working as I will be 71 years old when I get 20 years at TDIU.   However, according to what I understand I could go get a job if I wanted to and nothing the VA could do about it.  I just wish the VA would convert all of us P&T TDIU vets to straight 100% so we would not have periodic scares regarding having TDIU taken away when we reach full retirement age.

[Guest]

The crazy one here, John after that 20 years go by I doubt very seriously that any of you TDIU guys would even consider going back to the work force. IMHO, your mind set would be that you do not have to put up with the stupid kid supervisors for stupid minimum wages.  Even if our most wonderful government even tried to take away TDIU, you guys would probably be grandfathered in with no problems.

[Gastone]

A couple things.

What employer would even consider hiring someone that's been out of the work force for 20 yrs?

The 20 yr mark definitely locks in your actual SC condition ratings as does the "T & P No Future Exam" statement on your Award Letter.

As to locking in your IU Award, don't think so, but could be wrong. Your IU status is all about ability to earn income above the VA SGI level (currently $11,400 if over 65 yrs old). At 69, you no longer have to file the IU Anniversary Date earned income form, but a cross check of the SSA or IRS records could trigger a review of the IU rating. An X-Spouse has been known to cause a Vet IU problems.

Semper Fi

[GuaymasJim]

Hello John,

 I was rated 100% TDIU in 1980 (60% w/single disability) and SSDI when I was 32 years old.  It became P&T in 1985.  Hence, my 20 yr. protection date was 16 years ago in 2000.  After the VA changed the AO presumptives, I claimed IHD and PTSD.  Both were awarded at 60% and 40% respectively which qualified me for SMC (S) (100% + 60%).  Now my rating is still 100% TDIU P&T (90% w/multiple disabilities) plus SMC (S).  In my case, the P&T applies to the new rating and SMC as well.  The best part of the new rating is in addition to the extra $350 a month, I now have $10,000 worth of free life insurance.

 I reached full retirement age last February.  The only thing that changed was that I am no longer receive SSDI but I am receiving regular SSA.  The SSA $ didn’t change a penny.

 

Pete992,

you stated: “IMHO, your mind set would be that you do not have to put up with the stupid kid supervisors for stupid minimum wages.”  Neither of these issues are the least bit relevant to a TDIU rating. Zip. Nada.  TDIU is awarded when your service-connected disabilities render you unemployable (ZERO earning capacity) as opposed to unemployed.  Getting old isn’t relevant either; only your reduced earning capacity.  There are rumblings here and there about TDIU being at risk after reaching retirement age, but so far that is all they are—rumblings.  In fact, there is no VA regulation that prohibits awarding 100% TDIU to a 75+ year old veteran if his/her service-connected disability(s) render them unemployable.

 

Gastone,

you stated: “Your IU status is all about ability to earn income above the VA SGI level (currently $11,400 if over 65 yrs old).  That statement is not completely accurate; and it could be very misleading.  Yes, you could get away with working with a TDIU rating making less than $11,400 for a while.  Each individual’s TDIU rating is different.  You must read the VA’s description of your disability VERY carefully!  Not your description, but the description on the award letter.  Almost without exception, the VA’s description will make it difficult to impossible to work and still retain the TDIU rating.  A good analogy would be a veteran working with a schedular 100% for PTSD (or other mental condition).  Although it happens rarely, you could lose your TDIU rating without earning a dime!  How?  Go volunteer somewhere for 30-40 hrs a week!  If you are able to do that, the VA will consider you able to work.  I don’t believe playing cat and mouse with the VA would be a wise (or enjoyable) way of life; it could even have significant legal ramifications possibly including felony charges.  I am not saying that a TDIU veteran has to live as a recluse doing nothing at all, but I don’t suggest playing with fire either.

[john999]

After 20 years whatever rating you have is supposed to become untouchable.   In no way am I thinking of working after age 71, but just hoping to reach that age.   I just don't like reading in VFW magazine letters from vets who fear that VA will take away their TDIU when they get 66 years old.    I lost the most productive work years of my life due to VA disability.   I interpret the TDIU as VA's way of making up for this continuing loss.  I hope that is the case.  If a PTSD vet with 100% rating reaches 20 year mark his rating of 100% is permanent and not subject to reduction according to VBM as are all of us who have any ratings for 20 years.  It just seems there are those who want to make a special case of us TDIU vets.  My SSDI became regular SSA as did my FERS disability.  If I can make it to age 70.5 I will start distributions from my IRA/Annuity as will my wife and I think we will have enough regardless.   I know congress threatens to cut TDIU for old timers every few years.   They don't know or choose not to understand our plight.

 

 

[Chuck75]

"They don't know or choose not to understand our plight"

That has nothing to do with the cut proposals. "Save money" is the rule, regardless of who it hurts.

(Unless it's one or more of the sacred cows)

[Gastone]

Has the question, "Does the 20 Year Rule, lock in the IU rating," been answered?

When a Vet receives his IU Award Letter and it states "P & T - No Future Exams Scheduled," the statement only pertains to the Vets current SC conditions, not the IU rating. If the IU Vet reports Earned Income, near or above the SGI level for 12 consecutive months, a VA Proposed reduction" from the IU rating to the former SC % comp level, is guaranteed.

I personally have had Self-Employed Earned Income  reported to the VA every year, since my 1st claim in 2008. The DRO reviewed my yearly "Earned Income" history and awarded IU P&T - No Future Exams 06/14. I did complete the VA Stmt  of Income 07/15, again showing Self-Employment Income below the VA SGI ($11,400, over 65) and never receive a Reduction Of IU Letter.

GuaymasJim:  When you hit the "20 Year Anniversary Date" was there any type of VA official notification?  Is there anything in the 38 CFR's that directly addresses the "20 Years" and locking in the IU Status/award?

 

Semper Fi