Posted on May 16, 2023
How do I come off of TDIU status and move to regular 100% disability?
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My disability status is 80% TDIU so I am paid at the 100 % level.
Posted in these groups: 
Disability
Disability
Posted >1 y ago
Responses: 3
You don't unless you have additional service connected disabilities that raise your rating up to the 95% threshold.
You were given a TDIU rating based on an injury/illness the the VA accepted as making you unemployable. It is possible to have your TDIU status removed voluntarily, but you would then revert to compensation of your 80% rate (but, you could get a full-time job as well without impact). However, this will also likely lead to a reevaluation of the injury/illness that you were giving your unemployability for.
You were given a TDIU rating based on an injury/illness the the VA accepted as making you unemployable. It is possible to have your TDIU status removed voluntarily, but you would then revert to compensation of your 80% rate (but, you could get a full-time job as well without impact). However, this will also likely lead to a reevaluation of the injury/illness that you were giving your unemployability for.
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PFC Larry Crowder
I acquired a degree through VR where the job does not require the physical disabilities of my disability. I could even work from the comfort of my home doing what I did in active duty as a 76Y supply clerk. In civilian terms, Supply Chain Manager. A desk job.
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COL Randall C.
PFC Larry Crowder - The bottom line is you cannot be TDIU and have "gainful employment" (for 2023, that limit is $13,590 plus $4,720 for each addition person in your household). There IS an exception that would allow you to continue to receive TDIU and exceed those thresholds, but that is only if you work in a "protected work environment" and your employment is classified as "marginal" (There is a good write-up on it from a law firm* ... bottom line is that the employer is making significant allowances for you to be a "marginal employee" and not held to the same standard as someone else is required to)
Assuming that a protected work environment doesn't apply, the situation you're in now is that you've acquired additional skills/training and/or a method of work that does allow you to pursue 'gainful employment'. You also have a possible service-connected illness/injury that could apply to you.
Here are the possible scenarios as I see it for you:
1) You do part-time work and stay under the poverty level threshold ($13,590 + $4,720 for each additional person in household). You will continue to draw your TDIU. However, the VA will occasionally review a veteran’s case to see if their disability has improved to the point where they are able to work again - Especially, if the VA sees that the veteran has been working and getting close to the poverty line.
2) You revert back to your 80% VA rating and go to work full-time.
IF that mysterious "new issue" your provider discussed is something you'll submit a secondary service-connected claim (assuming it's a new issue), and assuming it's give a service-connected determination, keep in mind that you will have to have a pretty high rating on that item in order to get it up to 100% due to "VA Math*". Basically, you'd have to have a injury rated at 80% or above in order to pass the "5% threshold" to round up (i.e., 95%, rounds up to 100%).
My supposition is that your provider isn't likely talking about a service-connected illness/injury that would have a 80% rating (I could be wrong though). If that is accurate, then it's extremely unlikely that you would be able to 'build up to' a 100% rating if you were taken off DTIU.
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* Protected Work Environment - https://cck-law.com/glossary/protected-work-environment/
* VA Math - Separate service-connected items are not additive (i.e., a 30% disability rating for injury #1 and a 30% disability rating for injury #2 are NOT a combined rating of 60%). Rather, they are considering in sequence based on "the amount you are 'able bodied') - In the above example, Injury #1 is 30%, so that means you are "30% disabled" and "70% abled". No you apply Injury #2 which is 30% as well, but it is applied against your "percentage abled" which is 70%, so 30% * 70% = 21%. This is added with the previous so that means the combined rating is 51%. If you had a third injury that was deemed service-connected and this was rated at 40%, then the combined rating would be 71% (51% disabled + (49% "abled" * 40% rating) = 51% + 20% = 71%.
If the math part just hurts you head, go to https://www.benefits.va.gov/compensation/rates-index.asp and scroll down to the tables and follow the instructions to lookup the ratings.
Assuming that a protected work environment doesn't apply, the situation you're in now is that you've acquired additional skills/training and/or a method of work that does allow you to pursue 'gainful employment'. You also have a possible service-connected illness/injury that could apply to you.
Here are the possible scenarios as I see it for you:
1) You do part-time work and stay under the poverty level threshold ($13,590 + $4,720 for each additional person in household). You will continue to draw your TDIU. However, the VA will occasionally review a veteran’s case to see if their disability has improved to the point where they are able to work again - Especially, if the VA sees that the veteran has been working and getting close to the poverty line.
2) You revert back to your 80% VA rating and go to work full-time.
IF that mysterious "new issue" your provider discussed is something you'll submit a secondary service-connected claim (assuming it's a new issue), and assuming it's give a service-connected determination, keep in mind that you will have to have a pretty high rating on that item in order to get it up to 100% due to "VA Math*". Basically, you'd have to have a injury rated at 80% or above in order to pass the "5% threshold" to round up (i.e., 95%, rounds up to 100%).
My supposition is that your provider isn't likely talking about a service-connected illness/injury that would have a 80% rating (I could be wrong though). If that is accurate, then it's extremely unlikely that you would be able to 'build up to' a 100% rating if you were taken off DTIU.
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* Protected Work Environment - https://cck-law.com/glossary/protected-work-environment/
* VA Math - Separate service-connected items are not additive (i.e., a 30% disability rating for injury #1 and a 30% disability rating for injury #2 are NOT a combined rating of 60%). Rather, they are considering in sequence based on "the amount you are 'able bodied') - In the above example, Injury #1 is 30%, so that means you are "30% disabled" and "70% abled". No you apply Injury #2 which is 30% as well, but it is applied against your "percentage abled" which is 70%, so 30% * 70% = 21%. This is added with the previous so that means the combined rating is 51%. If you had a third injury that was deemed service-connected and this was rated at 40%, then the combined rating would be 71% (51% disabled + (49% "abled" * 40% rating) = 51% + 20% = 71%.
If the math part just hurts you head, go to https://www.benefits.va.gov/compensation/rates-index.asp and scroll down to the tables and follow the instructions to lookup the ratings.
Protected Work Environment Definition | CCK Law
Total disability based on individual unemployability (TDIU) is awarded to veterans who are unable to secure and maintain substantially gainful employment
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A1C Medrick "Rick" DeVaney
PFC Larry Crowder - ...
What The "L"... Give Welfare A Shot.
Looks Like Your Trying All Other Methods
To Make Money & Avoid Work In The Process.
We Had A Neighbor Whom Did Quite Well.
He Was Totally Blind When He Was Interviewed,
But When He Was Re-Roofing His House
Is What Got Him Caught.
What The "L"... Give Welfare A Shot.
Looks Like Your Trying All Other Methods
To Make Money & Avoid Work In The Process.
We Had A Neighbor Whom Did Quite Well.
He Was Totally Blind When He Was Interviewed,
But When He Was Re-Roofing His House
Is What Got Him Caught.
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From your question, I believe that you don't understand that a TDIU rating means that you are compensated at the same rate as someone with 100% rating.
https://www.va.gov/disability/eligibility/special-claims/unemployability/
https://www.va.gov/disability/eligibility/special-claims/unemployability/
VA Individual Unemployability if you can’t work | Veterans Affairs
If you can’t work because of a disability related to your service in the military (a service-connected disability), you may qualify for what’s called “Individual Unemployability.” This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100% disability rating.
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PFC Larry Crowder
I acquired a degree through VR where the job does not require the physical disabilities of my disability. I could even work from the comfort of my home doing what I did in active duty as a 76Y supply clerk. In civilian terms, Supply Chain Manager. A desk job.
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CPT Lawrence Cable
OK, so your new employment is going to take you off TDIU status. The answer to how to get to 100 percent is to submit either a new claim or an additional claim for the new condition or worsening of an existing condition. If you used a VSO the first time, talk to them about submitting the claim.
Be aware that the PACT act has things pretty jammed up.
Be aware that the PACT act has things pretty jammed up.
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