100% or TDIU, Which is Better for Your VA Claim or Appeal?
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I was awarded TDIU by the VA. I was service connected on discharge. I was 0% for 30 years. I had left knee problems that resulted in an inability to work. On a visit to the VAMC I was directed to the VBA office. In 90 days my rating was put to 60% . And , in another 60 days I was awarded TDIU. I was told that IU is given routinely to vets discharged by a medical condition. It's when a claim of illness or injury comes after discharge that TDIU is scrutinized. I was expedited through the process....
TDIU is the "backdoor" to 100% VA comp. I was fortunate enough to be approved for it in 2018 and after a later exam, was also awarded TDIU P&T, which opens up a ton of other life changing benefits for you and your dependents. I havent had any follow up exams since 2020. Good luck everyone!
Like what? I'm already at 84% and I have 70% ptsd rating but I have a case going and my lawyer wants me to get 100% because he says it has more benefits like you said. So what are the benefits that are tdiu p&t?
@@jameslong1644 100% p&t opens up CHAMPVA health insurance to your dependents, as well as educational benefits for them. Among other benefits depending on your state, such as property tax exemptions.
I just had a FREE consultation with WOODS &WOODS and im so impressed. I spoke with Miranda and she is worth MORE than her weight in GOLD. i learned so much and for the first time felt like someone cared. Thank you Woods and Woods.
We will pass this nice comment on to Miranda!
I am working with Woods and Woods and my caseworker is Kristi. SHE IS FANTASTIC! Always helps with my questions!
@@11x3 that's good to hear. Miranda is awesome she helped me understand things in 30 minutes learned more than 30 months from the VSO
I have TDIU P&T. With the extra side benefits, the rating was worth more than a difference of 90% vs 100%. Up through May, my youngest 2 children were in college, each were getting $ 1,400 per month in Educational benefits, besides dependent medical benefits.
And Student loans discharged ...mine were 60k. Also No property taxes which saves me $8000/yr.
Huh? You can't have TDIU P&T. There is No such thing. Either there is TDIU or 100% P&T. 2 different ratings.
You maybe have a point. I am 74 years old with a condition on the presumptive chronic disease list. Chronic diseases are life ling. Myasthenia Gravis, is after Muscular Dystrophy on the list. I am 90% P&T and have been awarded TDUI. My 23 and 25 year olds receive Chapter 35 educational benefits. @@daveyboy4287
@@daveyboy4287 I did
@@daveyboy4287 You're 100% WRONG.... Yes, there is such a thing as TDIU P&T - I am on it as well. My son receives CHAMP VA benefits that CANNOT be obtained unless the veteran is P&T. You're also wrong about there only being 2 types of ratings. There are actually FOUR different types of ratings as it relates to 100% (or being paid at the 100% rate via TDIU) There is 100% SCHEDULER, 100% P&T, TDIU and TDIU P&T. Nothing worse than people speaking on things they have no clue about.
I have had TDIU since 2016 from a 1972 injury in the military that has got worse after 38 years working for a DOD agency as a civil servent. I have passive income only through my past investments, pension and SSI. I was afraid to acquire additional assets in my name because the VA might drop my TDIU so I have been giving my assets to family members. Now with the information i just received from you, I will look into the types of Passive income I can receive. Thanks for the information. I'm also a Hoosier Vet.
Thanks for the info, trying to up my rating right now, I have been denied repeatedly for Tinnitus after working on aircraft for over 20 years in the Navy.
Glad we could help! If there is anything else we can do, please let us know.
I had my c&p exam about 3 months ago it's in the decision phase now if I am denied I am going to hire you and we are also going to go with tdiu also because I've been disabled by social security for the past 4 years and haven't worked the past four years! Hopefully the VA will have enough sense to realize that and do the tdiu on their own!
Many years ago I filed a new claim with VA for issues not covered in my first claim. I was called down to meet with the Rating Board and met them with my Service Officer. During the questioning I had explained to them how I would work or go to school for a few months and then fall sick or end up in the hospital again and my health would be shot to hell so I would have to start over again and again. I was confused when the Board asked me if I wished to apply for TDIU (1st time I ever heard of it). When they explained it I said "Yes !" . Exactly one year later I received notice that it was approved. It took a load of pressure and worry off me and gave me a decent life without having to be a professional patient. I thank the Rating Board member who spoke up and asked me that question instead of remaining silent. It was not something I had applied for in writing so he could have said nothing.
Excellent
Hi sir, i just wonder if i have already 70% rating compensation P& T then get TDIU later ,can i still appy also for VA Pension?
Veterans cannot receive VA pension payments and disability compensation at the same time. If you apply for and are eligible for both, the VA will pay whichever benefit is the greater amount. You can learn more about this here: www.va.gov/resources/how-are-pension-benefits-and-disability-compensation-different/
I am in process of filling out the Disability application WW sent me and I just heard about TDIU for the first time. Is the track the same for Disability Compensation and TDIU or are they separate tracks for the process. I can no longer work at all. Is it easier to get paid for TDIU vs DC?
Individual unemployability is for veterans who are unable to work due to their service-connected conditions but who do not have a 100% schedular rating. TDIU pays at the same monthly rate as a 100% rating. A single 100% rating is not easy to receive because it means that the condition you’re experiencing is severe and is considered totally disabling. You can learn more about 100% vs TDIU here: www.woodslawyers.com/difference-100-percent-rating-individual-unemployability/?.com&TDIUNeil&CommentShare Or, learn more about why TDIU may be right for you: www.woodslawyers.com/veterans-disability-lawyers/total-disability-individual-unemployability-benefits/?.com&TDIUNeil&CommentShare
Can you tell me if the poverty threshold limits are for just the veteran or for how many people live in the household?
Great question! Marginal employment includes situations in which an individual's annual income does not exceed the poverty threshold for one person. It does not include everyone who lives in the household.
Would earnings from owning a business, like say doing youtube channel, go against the TDIU restriction? And if so would having the business under a spouse name get around that restriction?
Veterans can be self-employed and still receive TDIU if they meet the TDIU criteria and do not surpass any income limits that apply to their situations. If the veteran’s income from self-employment is below the poverty threshold, it may not be considered substantially gainful but rather marginal employment, which does not prohibit a TDIU award. If the income from self-employment is over the poverty threshold but is considered sheltered employment, the veteran can still receive TDIU. Here is some more information about that: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUNeil&CommentShare
What about if you are self employed. A lot of times I can stay home and get things done remotely. Please explain to me if that's allowed.
Veterans can be self-employed and still receive TDIU if they meet the TDIU criteria and do not surpass any income limits that apply to their situations. If the veteran’s income from self-employment is below the poverty threshold, it may not be considered substantially gainful but rather marginal employment, which does not prohibit a TDIU award. If the income from self-employment is over the poverty threshold but is considered sheltered employment, the veteran can still receive TDIU. You can read more about TDIU income limits here: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUNeil&CommentShare
Hello Sir, Question. I just received my decision letter a few hours ago and dont know if I was issued TDIU or not. To be sure, I was at 70% for MH was increased after I recently filed this new go around to 100% MH and says permanent and total. However, then there is a whole bunch of language about unemployability and i am confused. Do this mean I am 100%PT or now under 100% TDIU and have the work/ wage restrictions you discussed. Thanks for any info or clarity you can preliminarily provide.
Thank you for your question! If the decision says “No future examinations scheduled,” that is an indication the rating will not be reevaluated and the decision is permanent. If you were granted benefits that are only available to veterans with P&T ratings, such as Dependents Educational Assistance (DEA), that is also an indication that your rating is P&T. If you are unsure, you may need to contact the VA regional office or a VA-accredited disability benefits attorney to be sure. We would be happy to discuss this with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUNeil&CommentShare
@@woodslawyers Thank you Sir. Yes I was awarded 100%PT and TDIU simultaneously. I was at 70% for the seven years prior, they gave me an increase to my condition. I spoke with DAV and they said they would put in a waiver for the TDIU portion of the award and that would remove any restrictions that come with that particular award. DAV stated they would put in the waiver on my behalf and might take about 3 months. I hope this helps provide context and inform into how VA is doing awards, even if anecdotal. Thanks again for your response and time.
I was at 90% woods and woods got me tdiu 100%, i just got a packet from the va, because a special review of my file was mandated, it says my overall combined rating is 100% p&t, does this mean im now schedular and not tdiu?
Please reach out to your case manager for questions concerning your case. Thank you!
If we are TDIU do we qualify for on-base privileges (with ID) and MAC flights? Thank you.
Space Available Travel is a program through the U.S. Air Force’s Air Mobility Command (AMC) available to veterans who are service connected for a permanent and total disability. To fly Space-A, you must register with an AMC Form 140, Space-Available Travel Request form. Disabled veterans are classified with priority group VI on the form. You can learn about more benefits for veterans with a 100% rating here: www.woodslawyers.com/100-disability-rating-veterans-benefits/?.com&TDIUNeil&CommentShare
Thank you this was very informative.
My question is Will I lose my TDIU if I start a business under a C- Corp? I would be paying my self under the VA’s income restrictions either W2 or dividends. Also would I be under the marginal employment if it’s my C-Corp company.
Thanks for the question! Veterans can be self-employed and still receive TDIU if they meet the TDIU criteria and do not surpass any income limits that apply to their situations. If the veteran’s income from self-employment is below the poverty threshold, it may not be considered substantially gainful but rather marginal employment, which does not prohibit a TDIU award. If the income from self-employment is over the poverty threshold but is considered sheltered employment, the veteran can still receive TDIU. You can read more about TDIU income limits here: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUNeil&CommentShare
@@woodslawyers thank you! Also I’ll be waiting Kate phone call for more questions
Yep - You will loose your TDIU if you start a business.
@@jongriffin2125
@@woodslawyers I worked out of the Muskogee office for 12 years. I can't even tell how many veterans who were receiving TDIU got reduced because they earned substantially more than the threshold thinking they would be okay because of a sheltered or protected work environment. It is a super grey area and almost doesn't exist.
There are very very few cases that are accepted by the VA. Check out Labruzza/Mcbride vs Mcdonough 21-4467. It attempts to define a sheltered work environment but it's still a huge grey area. The court held that income is a factor and a veteran must have "relatively low income" to qualify for the protected work environment exception.
My fellow veteran above is asking if he'd "be under the marginal employment if it’s my C-Corp company" The short answer to that is no. It is income drive, doesn't matter if its a S corp C corp etc.. So if he ends up paying himself more than the threshold, he will likely receive a letter from the VA requesting specific questions to be answered about his income. They're not just going to waive it off because he's a C corp. Then he will have to jump through many hoops in proving he is not fit to go back to work. IT CAN BE A HUGE MESS.
I get TDIU P&T, do you know if I get the Florida property tax exemption just like a 100% P&T ? Thnx
Our firm focuses on VA disability claims, so we do not feel comfortable answering questions about Florida property tax exemptions. You can contact your state bar association to find an attorney who handles those types of cases. We're sorry we couldn't be more helpful!
Yes you get the property tax exemption but for some reason it takes a year for it to take effect. So you'll pay the taxes for this year but next year it will be $0.
@@woodslawyersYou dont need an attorney to find your answer to your Question. Simply call your property tax office and ask. I live in Georgia and if you are totally 100% disabled you pay no property tax.
Yes,tdiu and 100% scheduler is the same thing
@@Armyvet55no it’s technically not but it is the same benefit amount.
Please I was in a army for almost five years and I was getting out with medical discharge and also got %100 disability from VA but while I was waiting on my DD214 I got my self in trouble with Bad conduct discharge please I need help to know what I needed to do from here , one more I still I haven’t get my DD214 but I already know what the discharge is tho ..
Here is some information on discharge upgrades that may be helpful to your situation: www.va.gov/discharge-upgrade-instructions/
I'm rated 90 percent with migraines and employed but now forced to retire because of my occupation. I sit at a computer 7 hours a day and have been for several years, my migraines are so intense that I can no longer work. What should I do?
We would be happy to discuss your claim with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUNeil&CommentShare
This is insane cause i literally have both. Im 100% t&p and i have tdiu......im so confused as to why they did this.
I have had TDIU and SSDI for years. At age 67 they changed my SSDI to regular Social Security, thus losing some disability program benefits and now subject to income tax. When I told Social Security that body parts do not grow back and I was still disabled and couldn't work, they said "sorry, those are the rules".
If there is anything we can do to help, please let us know!
I have TDIU rating, permanent and total and 100% schedule… They awarded me both at the same time.. which one takes president .am I able to work?
A key difference between a 100% combined rating and TDIU is that you can work with a 100% combined rating if you’re able to do so. Having gainful employment doesn’t harm your ability to receive a 100% combined rating and the related compensation. If you received a 100% rating for a single condition, you likely received it because your conditions prevent you from working. But you can’t be fully employed and receive TDIU. However, you can work odd jobs as long as they are considered marginal employment. You can learn more about TDIU and 100% ratings here: www.woodslawyers.com/difference-100-percent-rating-individual-unemployability/?.com&CommentShare#h-what-is-the-difference-between-100-and-tdiu
@@woodslawyers Which one would the VA recognize 100% permanent and total scheduled. or the TDIU permanent and total. If i were to try to go back to work. I was awarded both at the same time in the award letter. Does 100% schedule override the TDIU . Both are permanent total. thank you I am getting confused..
Can I work as a real state agent and have tdiu? Income limit issues?
Veterans can receive passive income or earn income from marginal or sheltered employment while receiving TDIU. To receive TDIU, veterans must show that they cannot obtain or keep gainful employment due to service-connected mental or physical disabilities. As set by the U.S. Census Bureau, the poverty threshold is the limit for what a veteran can receive in earned income. You can find poverty thresholds here: www.census.gov/data/tables/time-series/demo/income-poverty/historical-poverty-thresholds.html. You can learn more about TDIU income limits here: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUNeil&CommentShare
If i am granted IU does that mean my spouse and child qualify for CHAMPVA?
You can see the eligibility requirements for CHAMPVA benefits here: www.va.gov/health-care/family-caregiver-benefits/champva/
What benefits are different between TDIU and P&T? Thanks!
TDIU benefits are for veterans who are unable to work due to their service-connected disabilities. A VA rating of permanent and total (P&T) disability is when a single condition is rated 100% and isn't expected to improve over time.
@@woodslawyersnot true. I am 100%P&T and none of my ratings are individually 100%.
@@itswhatido2010 True, it seems the "magic percentage" is 70% before you have a decent chance to go for TDIU, although in some cases it has been less than that. Depends on a vet's particular case/situation.
I'd think that if one of you disabilities was rated 100%, you'd get 100% Scheduler instead, not TDIU at a percentage less than 100% (mine is 70%/TDIU/P&T).
So TMK, the only difference in TDIU and 100% Sechdular is you can't work EXCEPT under certain conditions: (1) make less that the Federal Poverty Level (FPL) income ($1216/month?), or (2) work in a "protected environment").
But if a vet is 100 % Schedular you can and make as much money as you want.
However, as I noted earlier if a vet is rated 100% Schedular for a "mental disorder" (don't know about TBIs as that's physical brain damage), how coudl said vet find/keep a job? So "100% Schedular/Mental Disorder" is a gray area at the very least.
-- BR
Can you get 100 p&t and TDIU at the same time?
Yes you can
You can get 100 P&T or TDIU P&T, I read your question wrong TDIU can be temporary or P&T
You cannot receive both TDIU and 100% disability because they pay the same monthly amount. If you already have a 100% rating, there is no reason to try to obtain TDIU benefits because your compensation rate will not increase. You can learn more about P&T benefits and TDIU here: www.woodslawyers.com/permanent-and-total-disability-va-benefits/?.com&CommentShare
I was 90 with tdiu. I did the pact Act stuff and now my benefits letter says 100 p and t and also unemployability. Im confused also.
If a veteran is unemployed and receiving a pension from a past job, does the VA count that as "income"?
Disability and TDIU benefits are not based on age or income. A veteran can be retired and still get other benefits, including TDIU benefits, permanent TDIU benefits, SMC benefits, and military retirement pay.
@@woodslawyers Is it true that the VA will contact your previous employer even if the veteran worked for a state agency in another state and have been retired for four years?
No! Pension is considered as unearned income. In other words, the VA does not count it as “earned” income.
Can I get property tax exemptions with tdiu
From our understanding, property tax exemption rules vary by state. Our firm focuses on VA disability claims for veterans. However, you can contact your state bar association to find an attorney who handles those types of cases. We're sorry we couldn't be more helpful!
Not in Colorado: Probably the ONLY state that discriminates against TDIU P&T vets when other states (and the VA even)_sees them as basically the very same.
But heck, CO is even a "cheapskate" (!) when it comes to their 100% Schedular vets, as there's NO 100% Property Tax Exemption for THEM (unlike in most states -- like TX).
That's one huge negative for both TDIU and Schedular vets living in The "Great state of Colorado." :-(
However, CO also has a Personal Property Tax (aka: Vehicle Ownership Tax) and disabled vets CAN be exempted from that. Yes, it DOES help, but for some vets trying to buy a home in CO, a Property Tax exemption is important as well, especially with them RISING nowadays due to insanely increasing home prices (expecially NEW homes) -- which means a higher property value and so a higher property tax -- sometimes 4X higher than they used to be in a state (CO) where they USED to be very low.
-- BR
100
100% equals 100%. When you download your VA disability rating, it states 100% service-connected. That's what you need for whatever state benefits are available. In Florida, it includes no-cost vehicle registration with disabled plates, fishing and hunting licenses, and no property tax.
@@FishinBob Yes, 100% = 100%, but not in Colorado. They see TDIU and discriminate (deny any property tax exemption the 100% Schedular vets get). :-(
-- BR
@@FishinBob CO specifically and clearly states TDIU/P&T "100%" rated vets are NOT included -- CO is the only state (TMK) in the Union that discriminates against TDIU vets.
There IS a ballot to be voted on (November 2024) to include TDIU, but that's in the future. However, all previous attempts to get that done have failed.
-- BR
IMO, 100% Schedular is the BETTER rating, regardless of it being "more difficult to get." Although some would argue TDIU isn't exactly "easy" to get, either. ;-)
-- BR
Only because you can still work at 100% scheduler
@@Armyvet55 I'm not sure that's 100% (see what I did there!) true. Let's say you're 100% Schedular for a MENTAL DISORDER disorder, how can you even function @ home let alone hold down a regular or even part-time job? Even a 70% Schedular "mental disorder" rated vet could have issues getting him fired, etc. (what TDIU is about).
And what employer would want to (knowingly) hire someone rated "100% messed-up in the head" anyway, be it a vet or "regular" person?
But in MOST cases, of course you're right.
I'm just saying in that very narrow (and "special") situation being 100% Schedular would very likely preclude you making any extra money each month, at least not regularly. At best, you may be in the same situation a TDIU vet would be in making extra money: Having only "marginal" employment (poverty level or below, or in a "protected environment")...IF he/she wanted to risk that in the first place.
Otherwise, the VA could say, "Hey, this is a 'certified 100% mental case' yet he keeps a job just fine....maybe he's NOT 100% and we need to review his case?"
Who would want to give the VA ANY reason/cause to re-open his/her case?
So maybe this is one of those "diabolical exceptions" even though extremely rare -- and you might need a good lawyer to argue your case.
Just putting it out there...
-- BR
If you are not working, TDIU PT is better. TDIU gives you a100% rating by itself. If you have another single rating at 60% or a combined at 70%, then you could be eligible for SMC (special monthly compensation).Which could be a lot more money!!
@@davidgolden9914 ...if I could just get my military retirement THAT would certainly help each month (at least make up for a low COLA). But I'm a Chapter 21 vet (didn't do 20 years, being medically retired long before that) so I get absolutely nothing. Chapter 21 vets have been trying for years (decades now) to get their retirement money, even though (of course) it's not a full retirement amount (again, doing less than 20 years), but they still get denied.
-- BR
@@billredding2000 What percentage of VA disability are you rated for?
Tdiu still doesn't give you and your family the no property taxes benefit amd the education benefit fornyour kids does it? Is that only p&t?
Great question! Veterans may be entitled to property tax exemption for their primary residence. Eligibility and the amount of the exemption typically depends on disability rating, state, county, and city. Veterans should contact their local municipal tax assessor's office to check for localized exemptions. You can find information about education benefits for dependents here: www.va.gov/education/survivor-dependent-benefits/dependents-education-assistance/
I'm 64 with a Paid At 100% Rating. Does the 55+-Rule apply if am able to work from home or something but what about the poverty level (About $21K/yr) Income cap? Im wondering if I would be covered by the 55+ rule of not re-opening my case for reevaluation because with Bidenomics and Inflation I can't even pay my bills anymore and I'm tired on living on Costco Chickens.
Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old. This includes veterans who will be 55 by the date of a future examination. There is an exception to the 55-year-old rule: the VA can request a reevaluation of a rating for a veteran over age 55 “under unusual circumstances.” The Code of Federal Regulations does not define circumstances that are considered unusual. One example of an exception to the 55-year-old rule is that veterans who have completed treatment for certain cancers must be reexamined six months after completing treatment.
Can you just work for yourself ?
Veterans can be self-employed and still receive TDIU if they meet the TDIU criteria and do not surpass any income limits that apply to their situations. If the veteran’s income from self-employment is below the poverty threshold, it may not be considered substantially gainful but rather marginal employment, which does not prohibit a TDIU award. If the income from self-employment is over the poverty threshold but is considered sheltered employment, the veteran can still receive TDIU.
Thanks I use to repair home irrigation system in the summer before I Got My TDIU P&T 70% PTSD I stop because I did not want to chance loosing my TDIU@@woodslawyers
pa 2023 where is the snow
I've been waiting for my TDIU for over a year
I'm sorry to hear that. If there is anything we can do to help, please let us know.
Did you have a C and P yet?
Hang in there. Also check the status online of your claim.