Why VA Takes Away 100% TDIU Ratings: Veterans Benefits

[@CCK_Law]

We hope you found this video helpful! Check the description to brush up on unfamiliar VA law concepts. Like and subscribe for more videos!

[@JdogPH01]

It’s a shame that there are people commenting saying that you CAN NOT have p&t as well as TDIU at the same time. This information is far from accurate. You absolutely can be rated TDIU and be P&T as the same time. Please don’t comment if you don’t know facts. Veterans if you are TDIU you absolutely can file and be granted P&T and be less than 100% scheduler rated. For example you can be 70% TDIU P&T. This is absolutely possible, and worth going for if you fit into the situation. Facts matter. 😊

[@jamesgibson3557]

Than why file to make it PT if your rated at 70 and paid at 100.

[@jamesgibson3557]

You may be paid at 100 TDIU for being rated at 70 percent. There is a reason why they keep you at TDIU. So they can take it away. Being paid that and being PT is totally 2 different things.

[@jaymelynnmcintyre8574]

Totally agree

[@Phillipsonfire123]

I’m tdiu p&t 100% and I’m tax exempt. None of it can be taken away end of story

[@charlesbutman]

I'm by Hu by by by no no no mo​@@Phillipsonfire123

[@donovanduncan5733]

This is the reason veterans won't apply for pact, because they are afraid to lose their current rating. Veterans need to be protected from losing their 100%

[@SuperFitness12]

Protect our veterans at any cost!!! Because of them we enjoyed our freedom. And Thank U for your service.

[@norbertddounseroux353]

We shouldn't need "help or representation" we served and met the most important criteria, we made it back alive. As others have said why should we have to jump through hoops only to be told no!

[@simplysarah0310]

So true! It is an absolute grueling and tedious process. Ugh. I am a veteran who is 100%p&t and took me 13 years and to go to work for them to get it! lol. So now I am a rep helping veterans jump through these hoops. It sucks but in order to get what percentage you want you have to unfortunately.

[@dawaydejones7138]

​@simplysarah0310 Yeah I was awarded 100 % P&T a few days ago after 10 years I used a law firm the result was worth it bit It SUCKS to hear about so many other veterans still fighting for WAHT is rightfully theirs on the same note I feel good to know that some vets are not giving up as I almost did so many other times before sorry for the long message just had to get that off my chest

[@michaelsalas8518]

Thank you for this most important information.

[@radfordsmith2773]

PSS, A temporary tdiu rating will always get reduced. Unless mojor complications arise. A permanent tdiu rating usually has been shown an inability to retain " gainful employment ". And , you meet the prerequisite rating mandates. So , tdiu is usually not an easy rating but 309k vets have it. Taking it is not what the VA does WITHOUT GOOD CAUSE !

[@BR54966]

Excellent Post👍🇺🇸👍Thank you for posting this

[@CCK_Law]

We appreciate your message, thank you for watching with us. We hope the information is helpful! Have a great day!

[@ANTYE7]

I know you can work IU. I was 90 percent tdiu and smc(k). I could work up to the poverty limit. I filed for the pact act and was granted additional service connected disabilities. This made me 100 percent scheduler. Does that make IU moot? Also smc changed from (k) to smc(s) housebound, this I was told is called statutory because of my ratings and not because I am actually bound to my house. What does this now allow for the option to work. I am 39, I have limitations and restrictions so I am grateful. I have bills and a family that make it just not quite enough. Does anyone know if employment at all possible? I have called and met with Veteran Service Officers and spoke to Va benefits people and they seemed clueless. Can anyone help?

[@richardbeggson4839]

This is awesome information to inform veterans resources for guidelines in protocols including preventive in conditions.

[@gbrockwell5619]

Okay now I’m paranoid!! I have a total permanent disability raiding of 90% as well 100% from unemployability. I just received my letter from the rating board. Nothing has changed! Though I’m now paranoid! Should I be? It says in my paperwork I’m total and permanent.

[@terrymurphy7790]

That's exactly what my husband got but it was from a different firm and as his wife and his caregiver I was doing all the work and gave them all the information that they needed for his case. It took me over 2 years to get he at that current rating. We would have been a lot better off just working through a VA rep. Just because you hire an attorney doesn't mean they actually do the footwork

[@simplysarah0310]

That doesn’t mean they can’t take it away.

[@simplysarah0310]

@@terrymurphy7790I am a paralegal and veteran rep. I work with a law firm. I used to work processing disability claims at the V.A. I very much do plenty of work for my veterans! Yes, y’all still have to go get treatment because I mean I can’t get it for you. 😂 I am very well informed about the V.A. and its processes. I’ve gotten a bunch of veterans 100%.

[@damonespinoza2231]

I am currently in the same boat, have you got your back pay or anything yet?

[@greyjackson2159]

Thanks! I received TDIU and a total & permanent rating in Jun 2018, even though I'm 90%. Does the total & permanent rating 'protect 'me from getting kicked back down to 90%?' I have a PACT act claim going on right now and this is kind of worry some to watch...

[@baurochs2283]

This is why i dont say anything, out of sight out of mind mentality, keep showing up to the VA during these times get goofed

[@jamesgibson3557]

A TDIU is different from a PT. You can't have both

[@johnny1963ify]

You can’t be P&T at 90%.

[@jamesgibson3557]

Ya, I think he's alittle confused. I think he ment he's 90 now with TDIU but he's got an open claim for this Pact stuff that's going on and he's trying to get PT for a 100 percent. I could be wrong

[@TheUnvlog]

I'm 70% with TDIU and also considered permanent and total so you can be both. I have been this status for almost five years.

[@ronaldhaugen5967]

Is it harder for the VA to take away TDIU if your older than 55 or 65 or 75?❤

[@CCK_Law]

Hello! VA’s Compensation and Pension Manual - specifically M21-1, Part IV, Subpart ii, Chapter 1, Section A - states that “If the Veteran will have reached or surpassed age 55 by the time the reexamination is conducted, then do not schedule the reexamination unless required to do so by specific regulation, or compelled to do so based on unusual circumstances.” Read more about the 55 year rule here: cck-law.com/blog/what-is-the-55-year-old-rule/ Have a great day!

[@_Abjuranax_]

I believe that you still have to have at least a 60% DAV Rating to even qualify for TDIU.

[@jamesgibson3557]

70%.

[@jamesalexander707]

​@ 4:56 😅jamesgibson3557

[@crystalnewbold626]

So the rule is 70% combined with one disability being I believe 40% or 60% on one disability on its own. It's been a minute for me

[@jasonhoffman5835]

​@crystalnewbold626 you are correct.

[@coreylevi8535]

Combined rating of at least 70% to qualify

[@Hitech82]

Will the VA take away TDIU when you reach age 67? I'm 90% paid @100% tdiu. I'm 61now and total permanent

[@crystalnewbold626]

The answer is no

[@crystalnewbold626]

@@JD-pb8jn the answer is still no. But okay

[@crystalnewbold626]

@@JD-pb8jn okay. Still same answer on his specific question. Two different situations my dude

[@crystalnewbold626]

@@JD-pb8jn no need to start being rude. It sounds like you had a future exam and that examiner found some kind of improvement. Since I wasn't there I can't tell you for sure. What I can tell you is that you should have appealed the decision. With that I'm going to have to say good bye, since I have no interest in furthering this conversation.

[@carterbuckner-wt9qw]

Same here and I’m 70

[@matthewdunham8876]

I've been writing a novel for many years. If I publish it and it makes more than $15,000 a year, could the VA take away my TDIU?

[@Sherry-vd5sy]

Thanks for the info. What happens if inheritance are storage rental units business? Thank you

[@kimballmcafee3589]

I'm having to have my knee replaced , I am service connected for my knee as it was injured on active duty. I am 100 percent disabled. Is there anything I should file for as I'm paying for this with my personal insurance? Thanks

[@MarleneRuiz-t4r]

If you are 100% you qualify for VHA just need to apply, and see a VA Doctor at a VA Hospital. Contact Eligibility.

[@kimballmcafee3589]

@user-hy8lh6mn1v How do I apply for VHA and who is eligible to be care givers because my wife and daughter are both taking off work to help take care of me.

[@jacobthomas6136]

Because they can

[@michaelmorse7685]

TDIU does fall under national poverty level

[@debbieconnelly6017]

Yes10 percent of hearing he can't wear hearing aids his life is affect Our groverment is all about Illegals and it shows his hearing is not better my life is a living hell repeating words 10 times T V up to 100 and being laughed at in crowds making fun of him this is a disgrace trying to get it back

[@radfordsmith2773]

PS , The VA must use the "Clear And Convincing " standard when reviewing tdiu removal. This standard is below "Proof Of Reasonable Doubt" but above "Preponderance Of Evidence " . In real world talk : Not easy to do. Clear and Convincing is exactly how it sounds. (Look it up). If , you get a VA notice that they are considering taking tdiu it can be effectively stopped for a year while you make them show that they used this standard of proof. If fraud or employment violations are shown you lose. ANYTHING ELSE IS HARD TO PROVE !!!!

[@simplysarah0310]

Not that hard if you are getting routine future exams.

[@radfordsmith2773]

@simplysarah0310 If so then your injury/illness is fluid. Meaning it has changed. And requires further review. TDIU is an award for people unable to work and meet rating requirements. It's not designed to circumvent the normal rating schedule.

[@rocoroco5749]

What if i got Married canVA USE he income AS A REASON

[@donniemontgomerysr.6936]

What happens if your T&P and 100 percent and80 years old??

[@crystalnewbold626]

Nothing. Maybe Im not understanding the question. But, if you are permanent and total at the 100 percent rate, why would anything change?

[@stanfordporter685]

Nothing will happen, you are safe. VA doesn't go around taking disability from veterans.

[@crystalnewbold626]

@@JD-pb8jn work for the VA for a few years but sure

[@crystalnewbold626]

@@JD-pb8jn have a blessed night

[@crystalnewbold626]

Don't believe me look in the CFR

[@josephcarino777]

That not me I know you wish it was PT😮

[@ricardomiller894]

Companies like this charge you 40%of your increase for 3-4months.

[@s.lew.2040]

Not true in my case. CCK got me to 90% from 70%. I signed a contract that they would ONLY get 20% of my BACK PAY, and that is ALL they got. The VA paid their portion and deposited the balance into my bank account.

[@simplysarah0310]

I am a rep and we only charge 20% of back pay.

[@Phillipsonfire123]

Ya you commented on a post saying 100% permanent and total Tdiu is not the same but I get literally the same benefits there is no difference except if you can work or not and my paper work says 100% p&t and my home is Tax exempt and only way to get that is permanent and total ok ya the (va) might say it’s not but I literally get the same thing ……..nobody is spewing anything wrong ,…….can you tell me exactly what you get that is so different I would really want to know ????

[@ericbush6124]

Bull shit messing wirh our Vets

[@Great_America]

TDIU as well as 100% disability rating have been severely abused over the past decade. Plain and simple, there are veterans that are receiving benefits for which they don’t deserve. This is ruining the benefits for those that do deserve the benefits.

[@nobodyspecial9035]

So do you think the VA should stop begging veterans to file claims? Should veterans listen to guys like you or the VA? Should we argue amongst each other or complain to the congressmen and senators to add more funding to the VBA? There is a system in place to prevent, detect and punish fraudsters, liars and hackers.

[@ahabjordan]

Third world country veterans get free housing and pensions without even disabilities.

[@chrisboyer4194]

Who are you to dictate who deserves or doesn't deserve what? They don't hand out 100 p&t tdiu like candy. Plain and simple.

[@willc4508]

You're saying because one person got it , another person didn't🤦🏾. That's not how any of this works.

[@simplysarah0310]

Who are YOU to say a veteran doesn’t deserve it?!