Does Individual Unemployability (IU) End at a Certain Age?

CCK Law: Our Vital Role in Veterans Law

Individual unemployability provides veterans with 100 percent disability compensation due specifically to their inability to work. Yet what happens to TDIU benefits when veterans reach retirement age and might have stopped working anyway?

The brief answer is that age is not a factor in TDIU eligibility. Eligible veterans can continue to receive individual unemployability indefinitely, even after age 65 or 67 (ages that are often associated with retirement due to Social Security). Veterans must still meet the TDIU requirements. However, the government is considering proposals to limit TDIU payments at age 67.

What Is VA Unemployability?

VA unemployability—also called individual unemployability (IU) or Total Disability Based on Individual Unemployability (TDIU)—exists to accommodate veterans who are unable to hold substantially gainful employment due to service-connected conditions even though they have a combined rating of less than 100 percent. Veterans who qualify for TDIU receive compensation from VA equal to total disability (i.e., a 100-percent disability rate).

There are two ways to receive unemployability VA benefits: “schedular” and “extraschedular.”

• Schedular TDIU: You must have one service-connected disability rated at 60 percent, or you must have more than one service-connected disability, with one rated at least 40 percent and with a combined rating of at least 70 percent.
• Extraschedular TDIU: VA’s Director of Compensation Service finds that the rating schedule does not properly reflect the impact of your service-connected conditions.

In neither case is age a consideration in determining eligibility for TDIU.

VA May Not Consider Age for Service-Connected Claims

Under 38 CFR § 4.19, VA may not consider age when reviewing claims.

“Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension.”

Note that if you are unemployable solely due to your age, then you would not be eligible for TDIU benefits. Age is not considered in any way, and unemployability must be due to service-connected conditions.

Can You Receive TDIU After Social Security Retirement Age?

According to the Social Security Administration (SSA), the full retirement age in the United States is age 67 for those born in 1960 or later. Many veterans wonder whether reaching “retirement age” will stop TDIU benefits. This is a common misconception.

Again, VA unemployability benefits do not end when you turn, e.g., 65 or 67 years old. TDIU eligibility is not based on age or eligibility for SSA benefits. Rather, it is based on whether your service-connected disability makes you unable to maintain substantially gainful employment. So, even if are 65 or older, you can still apply for or continue to receive unemployability benefits.

Remember that TDIU is not necessarily permanent. If VA finds evidence that, for example, your rating has improved or that you are able to engage in substantially gainful employment, then they can rescind your benefits.

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Government Could Limit TDIU for Veterans Over 67

Over the years, multiple government agencies have repeatedly recommended limiting TDIU benefits after a certain age. Most recently, the Congressional Budget Office (CBO) proposed ending TDIU benefits for veterans who reached the Social Security retirement age of 67.

However, at the time of writing, it is not clear if any of the recommended limitations are likely to be approved, and veterans advocates have proposed enacting legislation to prevent this from happening.

Denied TDIU Due to Age? Call Chisholm Chisholm & Kilpatrick Today

On occasion, VA does mistakenly limit individual unemployability benefits for veterans based on age. In these situations, veterans should consider appealing at once.

If you need help with your TDIU claim or are appealing a denial of your VA disability benefits, then CCK may be able to assist you. Since 1999, we have helped tens of thousands of veterans get the benefit payments they deserve. For a free case evaluation with a member of our team, please call (800) 544-9144.