Can TDIU P&T be reduced or new evaluation exams requested?

[Tango India Mike]

I just found my benefits summary letter on VA.gov has been updated. My combined schedular rating remains at 80%. My letter says that I will be compensated at the 100% rate due to my TDIU. It goes on to say that I am considered Totally and Permanently disabled. Two questions, actually...does this make me eligible for ALL of the 100% benefits in addition to the compensation?...and does Permanent & Total mean that it's locked in for life with no future exams or possibility of reduction or withdrawal? I understand that it can be revoked if I become substantially and gainfully employed, so we don't need to discuss that aspect. If I remain unemployed for the rest of my life, am I locked in for 100% compensation without being re-evaluated?

[pacmanx1]

The IRS, VA and Social Security crosscheck on TDIU veterans' income. There is a certain threshold amount that TDIU veterans cannot cross before it could become a problem. 

[Dustoff1970]

I am receiving SMC-S and K on top of P&T TDIU and it will soon be 100% scheduler and all is tax free bro plus other U.S. Gov (VA), military and state government benefits that are also tax free.  Don't get too greedy and haste makes waste.

If you are on TDIU and even P&T TDIU and you go to work and make over the poverty threshold amount for your area you are living in for a period of more than 12 months then you may risk the VA giving your disability/s another look. Anything more than marginal employment income can be considered substantial gainful employment.  See below court case.

Here is a CAVC court case from 2000 that the vet lost on appeal due to his making too much money while collecting VA TDIU disability benefits.  He knew or should have known he was pushing his luck thru greed American style (dumb vet).  Read it and enjoy.

Faust v. West, 13 Vet. App. 342 (2000)

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited April 19, 2022 by Dustoff 11

[john999]

If you have TDIU and you are 80 years old and go back to some type of job is the VA going to reduce you?

[pacmanx1]

8 hours ago, john999 said:

If you have TDIU and you are 80 years old and go back to some type of job is the VA going to reduce you?

(IMHO) IN MY HUMBLE OPINION, don’t fall in this trap. TDIU can be unforgiving. In this day and age there are a lot of individuals that are working beyond the retirement age, whatever that is. If a veteran was/is rated TDIU, the veteran should not think/consider going back to work at any age/reason. I say this because 38 CFR 3.327 states that the VA has the authority to review the veteran’s rating to determine if the veteran is rated accurately. A TDIU working veteran at any age could have red flags if the veteran records show the veteran was awarded TDIU for not being able to stand on his/her feet but working under poverty level threshold as a store greeter. These two things contradict each other and could cause problems. I am not saying that the VA would reduce the veteran’s rating, I am only saying that they could cause the veteran to be re-evaluated. Don’t get caught in a lie. In other words, don’t be found doing things that you already stated and was approved for TDIU that you signed a document that you could not do, no matter what age or income. Always keep in mind that TDIU (TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY) is for veterans that can’t work due to their service-connected disabilities and not for if the veteran cannot find a job. I even heard that VA cannot reexamine a veteran over the age of 55 which is not true they can and will if they want to.

3.327 - Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting re-examinations but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases - (1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static.

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more.

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement.

(iv) In cases of veterans over 55 years of age, except under unusual circumstances.

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

38 CFR 3.327 - Reexaminations. (govregs.com)

 

[john999]

I agree that it is not worth the risk.  If you have SSA earnings then I guess the VA could get that data regardless of your age.