If you’re near retirement age, you can’t be faulted for wondering whether the Department of Veterans Affairs (VA) will keep paying TDIU benefits after you’ve officially left the workforce. After all, TDIU stands for Total Disability based on Individual Unemployability, and it isn’t a stretch to imagine the VA cutting compensation once you activate your Social Security retirement benefits.
Here's the good news: most Veterans will never have to worry about age affecting their long-term eligibility for TDIU. However, your claim is still required to meet a high standard before it can be approved. In the VA’s world of red tape, even small mistakes can lead to unexpected delays, denials, and reductions.
You don’t have to leave your TDIU claim to chance. Sean Kendall, Attorney at Law, has spent decades filing, fighting, and appealing unemployability claims. Our team knows what it takes to cut through the VA’s red tape—and we have the results to prove it. Contact us today to schedule your free, no-obligation consultation. 
Basic TDIU Requirements Say Nothing About Age
TDIU is a type of cash benefit intended to replace all or part of your income, even if you don’t meet the criteria for a 100% disability rating. However, in order to qualify for it, you must be able to meet the requirements for either one of the following programs:
- Schedular TDIU. This claim mandates that you have one service-connected disability disability rated at 60%; or more than one service-connected disabilities, with one rated at least 40% and the other rated at least 70%.
- Extra-schedular TDIU. Extra-schedular TDIU is awarded on a case-by-case basis to Veterans whose ratings don’t accurately reflect the severity of their injuries.
The VA considers how, when, and where you work when reviewing TDIU claims—but at no point should it ever say that your age is a disqualifying factor.
Why the VA Can’t Consider Your Retirement Status for TDIU
The VA is a government agency—and, like most, it’s also a bureaucracy. Rules and regulations dictate almost everything it can and cannot do:
- The type of disability programs it can offer
- The value of different kinds of benefits
- All the criteria needed to qualify.
While this process is a common source of frustration, it sometimes works in a Veteran’s favor.
One of the most important rules affecting TDIU for older Veterans is 38 CFR § 4.19, which clearly states, “Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims.” It is, instead, “a factor only in evaluations of disability not resulting from service,” such as those needed to claim a pension.
In other words, you probably won’t qualify for TDIU if your age is the only reason you can’t work—but if your employment prospects were affected by a service-related connection, your age won’t come into play when determining your eligibility for disability benefits.
How Our Veterans TDUI Benefits Lawyer Works For You
If you’ve ever spent time trying to work with the VA, you probably don’t need a lawyer to tell you that the agency doesn’t always do what it’s supposed to do. Government reviewers can and do make mistakes—in some cases, they may consider factors, like age, that aren’t supposed to make any difference to your claim. In other situations, they may disregard evidence suggesting that your condition is much more serious than it appears—putting the onus on you to prove that you deserve the benefits you were promised when you first put on a uniform.
Sean Kendall, Attorney at Law, has spent more than 35 years helping Veterans claim the benefits they deserve. If you’re stuck on a TDIU claim, our team could:
- Ensure that your application or appeal includes the right kinds of evidence.
- Talk through your options for review and appeal if your claim is rejected.
- Challenge unfair decisions and erroneous ratings.
- Represent you in court, if necessary.