Can You Lose Your VA Disability Rating? | TDIU Application Rules

[@gideon33]

Thank you Sir, for helping thousands of veterans throughout the years. As a partially disabled veteran who lost my income, & am also caregiving for mom, I find this very pertinent to my situation. I filed for UI & for a work from home job but due to my Sciatica & Restless Leg Syndrome, I can’t sit for more than 1-2 hours before taking a pill that will get me super drowsy, and if I stand, Narcolepsy sets in, & I literally fall asleep.😔

[@Gembamarine06]

Dale does not get around to addressing the question until he’s 12:13 into the video. Bottom Line is you could be re-examined if you claim TDIU, and possibly have your current rating reduced. He says that a couple minutes after that.

[@jeanmorales6159]

And is it worth trying?

[@davidsonlawoffices]

I try and set the stage for complex matters and TDIU and VA as a whole is complex.

[@davidsonlawoffices]

In my opinion yes!

[@phill7507]

@@jeanmorales6159it’s best if you have what’s called sheltered employment. When I got out of active duty, my brother got me a job where he worked. I would miss work due to my VA appts. Maybe a year I no longer worked there due to the political bs. Went back to another job where I worked before joining the army for 9 years and worked with my other brother for maybe one year after that. As I applied to TDIU, I had the current employer fill out part of the paperwork and the hardships I was facing where it disrupted work and put more work on others on any moment. All the evidence collected from my employer is what made it a walk in the park for me, also when I applied, I was attending a 90 day PTSD program in Cleveland where I didn’t even make it 3 weeks because of a VOA staff member did some shady shit and I about hit em, then another staff member told me I couldn’t get my haircut and go Christmas shopping because of a suicide class I was supposed to attend. More stressful having people I know take their life from their service. And all it did was make me uneasy to attend. Anyway, good luck to ya all

[@markargentine6259]

Excellent information counselor. Thank you

[@LouisianaLadii]

Hi, you stated, "After a certain amount of years, the veteran will not be examined again", do you know what that time frame is?

[@davidsonlawoffices]

Generally 5-but it depends on your age and whether the VA deems your diasbility as "static."

[@rangerbull]

Being recently reduced from 100% p&t down to 90% TDIU unemployabilty. Will my wife lose her Champva? Nobody covers this or has a answer

[@flashover8231]

What happens while getting tdiu and get to retirement age and start collecting social security and it's above the poverty threshold?

[@terraGaliciaXXIV]

I’m rated at 90% with IU P&T and SMC S. I’d like to attempt to work a few hours a week. Will I jeopardize my benefits if I attempt to work under the poverty line being that I’m rated housebound due to combined percentages? We’re a family of 4 living in California and we need some extra income.

[@jarod644]

Yes you can work but DO NOT I repeat DO NOT go over the poverty line with is I think 12-14 grand a year.

[@terraGaliciaXXIV]

@@jarod644are you in a similar situation? I’m wondering if I have to inform the VA

[@jarod644]

@@terraGaliciaXXIV I believe you do not have to report it because they check at the end of the year through the irs

[@davidsonlawoffices]

I think the Federal Poverty line is $14,000 per year do not exceed this.

[@davidsonlawoffices]

No unless you go over the poverrty line

[@raymondmoser5674]

Hello Sir, I've got a question. I have had a claim for Insomnia since April and today the va sent me a message that I may qualify for 100% rating under the tdiu, they sent me the forms I need to fill out and my employer. See I am a truck driver and have been working doing it for almost a year now. My feeling of unemployable is because of my insomnia, my fear of falling asleep while I'm driving because I don't get much sleep. So if I fill out these forms and submit them and they deny me for tdiu, will they still rate me?

[@fredrickjohnson1573]

What if you have a 70% ptsd rating that is static. Can you be reevaluated if you file for TDIU.

[@arnoldpolanco2052]

Sir Iam rated 90 percent now. Iam also 70 years old retired. Am I qualified to file TDIU to finally get my 100 percent?

[@davidsonlawoffices]

The VA may not consider your age as a factor 38 C.F.R. § 4.19 (2021). The issue is, in your circumstance, whether you have the capacity for securing gainful employment? You may want to ask your doctor or a career counselor that question.

[@bilkisuabubakar-mohammed3033]

What of if you start a small business with 100% disability

[@davidsonlawoffices]

It is possible depending upon your disability and the small business you re engaging in

[@kenprice1820]

Great information on tdiu, Thanks.

[@davidsonlawoffices]

God bless you and your family. Thank you

[@robertburbach]

In 2010 I did my claim as I was 65 and I had bad hearing since I was In Vietnam 1966-67 Put in for hearing, A. O., PTSD Jungle Rot., Denied everything except Hearing. Went and seen a Real Metal Dr. on a Nexus and got the PTSD. I let the A.O. go for the time being, I knew it would show up as my son had a birth defect when he was born and when they did the surgery in 1984 and tested the tissue, came back Positive for chemical;s in A.O.. May 2023, had heart attack, went to hospital, they did CT scan. and found an AAA so large it could burst at any time. We by Ambulance to Grand Rapids, Mi., where the Specialists in that field were. had Stent put in my heart, talked to Doctor that was going to fix my AAA . Asked him how big it was, he told me . I stated I had a CT scan done at the C&P in 2011 and they didn`t find ,he said there is no way it could get this BIG in 12 years . They were hoping that you would die before it was found out so VA didn`t have to pay. It takes20-30 years to reach 5CM and it would take between 40-50 years to get this big. They did say something about Ischemia brain disease and they would have to keep an eye on. they never did. I could file a CUE against them or I could just file for I had 10 Stents put in my Aortic to fix all the damage done. and had an Aortic Valve put in Feb 1, 2024 ..I could go either, with a CUE or Ischemia Heart Disease / Agent orange. or something else

[@clarenceeverline5654]

Speak about congress talking about cutting vets disability pay

[@davidsonlawoffices]

I do have a video on that. Thanks

[@gigistephens2057]

Hello I have an exam next week and would like to talk to you

[@GaryDurrance-h8u]

Is there a grandfather clause for veterans rated P&T who were born before 1959?

[@davidsonlawoffices]

Not that I am aware of

[@jimohmacht9841]

Will we loose benefits from Congress this year

[@ruizhou9612]

Maybe Biden will send our benefits to Ukraine too.

[@davidsonlawoffices]

Probably not. But keep an eye out for thos crooks

[@davidsonlawoffices]

Lets hope not

[@edgarbabilonia4966]

There are alot of republicans in congress trying to stop any additional help towards veterans!

[@nets6725]

Im 60% rating, 50% chronic migranes. Filed tdiu due to migranes and missing work.got fired for missing days. Got my decision today and denied my tdiu and wants to decrease my 50% to 0%. Smfh And i have attorney for last 2yrs because they tried taking my 50% migrane rating b4. I think va just dnt wana pay me my back of 50k they owe me for duty to assist error i fight since 2020. Dam bastar...s