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Is TDIU P&T protected under 20 year rule?


Tam7

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I have had TDIU that’s permanent and Total since 1997. I have had TDIU since 1993. I have not worked for 26 years. I am tired of this condition controlling my life. I discovered that there is a position to work from home part- time (4 hours a day for 3 days a week. I think the gross pay is 1000.00 per month. I want to feel productive. I have not found anything that I can volunteer for for longer than a few hours a week.  Am I protected by the 20 year rule? I have had tdiu for 26 years (p&t 24)? Can anyone advise me on this? No one seems to know.  

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According to CCK law, yes, VA can reduce you.  In relevant part:

Quote

For Veterans that have been granted entitlement to Total Disability Based on Individual Unemployability (“TDIU”), the VA can only reduce that rating if “actual employability is established by clear and convincing evidence” (38 C.F.R. 3.3.43(c)). What that means is the VA can only sever your TDIU if you have been found to be employable.

more here:

https://cck-law.com/When-Do-VA-Ratings-Become-Permanent

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On 4/27/2019 at 7:28 PM, Tam7 said:

1000.00 per month

@Tam7

Under SSDI and TDIU your able to earn up the annually set National Poverty Level. At 1K  month you are fine.

Do you collect SSDI? if not have you applied? if not why? you are likely to be eligible.

I would look into the language here

§ 3.951 Preservation of disability ratings.

(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.

(Authority: 38 U.S.C. 1155)

(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

The words "for compensation purposes..." seem to include TDIU which is all about compensation.

people may want to read this link

https://cck-law.com/news/tdiu-permanent/

for a direct statement by a Vets Law firm, a well known one, on the issue.

"Can TDIU become permanent?

Yes, am individual unemployability rating that is not initially deemed permanent by the VA can become permanent in the future. Veterans do not need to complete VAF 20-4140 if they have been in receipt of a TDIU evaluation for 20 or more consecutive years or if they are over 70 years old, whichever occurs later. Once you meet these criteria you are no longer required to submit VAF 21-4140, making your benefits permanent."

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