Pursuing Permanent And Total (P&T) Status After TDIU

Posted by Gregory M. Rada | March 03, 2025 | Firm News

Pursuing Permanent and Total Status After TDIU

For many veterans, receiving a Total Disability based on Individual Unemployability (TDIU) rating is a critical step in receiving the benefits they deserve. However, once granted TDIU, some veterans may be interested in securing Permanent and Total (P&T) status. Understanding the differences between TDIU and P&T, as well as the process for making TDIU permanent, is key for veterans who rely on their benefits for long-term stability. Our Colorado VA TDIU lawyer is a VA accredited attorney and will help you manage the process of updating your disability status. Contact our office today to explore your options for securing long-term benefits.

TDIU Vs. P&T: What’s The Difference?

A TDIU rating is based on a veteran’s inability to maintain substantially gainful employment due to service-connected disabilities, regardless of their actual disability rating. This allows a veteran to receive compensation at the 100% disability rate even if their schedular rating is less than 100%. Essentially, TDIU recognizes that the veteran’s disabilities are severe enough to prevent them from working, even though they may not technically meet the criteria for a 100% disability rating under the VA’s rating schedule.

On the other hand, a Permanent and Total (P&T) rating is a classification that reflects the VA’s determination that the veteran’s disability or disabilities are both total (100%) and permanent, meaning they are unlikely to improve over time. P&T status not only guarantees the 100% disability rate but also provides additional protections. A P&T designation means the veteran’s disability is considered stable and not subject to future re-evaluations or reductions, offering greater security.

Conditions Under Which TDIU Can Become Permanent

In many cases, a veteran who has been granted TDIU will eventually be considered for a P&T rating. While TDIU itself doesn’t automatically guarantee permanence, there are several conditions under which a TDIU rating may be made permanent.

• Veteran’s Age and Stability of Condition: If a veteran is older (typically over 55) and their disability is considered stable, the VA may decide to grant P&T status. This is because older veterans are less likely to experience improvements in their condition.
• Duration of TDIU Rating: A veteran who has been receiving TDIU benefits for an extended period—usually five years or more—may be eligible for a P&T designation. The VA may view the long-term nature of the veteran’s disability as an indication that their condition is unlikely to change.
• Severe and Chronic Conditions: If a veteran’s condition is unlikely to improve due to the nature of the disability, such as in the case of permanent injuries, terminal illnesses, or conditions that are deemed permanent by medical professionals, the VA may grant P&T status.

If a veteran meets one of these conditions, they may apply to have their TDIU rating made permanent, which would maximize disability benefits to provide added financial and emotional security.

Reductions And Re-evaluations

One of the most significant concerns for veterans with a TDIU rating is the potential for reductions or re-evaluations. The VA occasionally reviews TDIU ratings to determine if a veteran’s condition has improved to the point where they may be able to work again. While this process is intended to verify that veterans are not overcompensated, it can create uncertainty and anxiety for veterans who rely on their benefits.

However, once a veteran is granted Permanent and Total (P&T) status, their rating is considered stable, and future reductions are generally not an issue. This is one of the main advantages of pursuing P&T status after receiving TDIU. Veterans with P&T status are protected from the risk of re-evaluations that could lead to a reduction in benefits, providing them with greater peace of mind for the future.

It’s also important to note that, while reductions are unlikely with a P&T rating, veterans with TDIU status who are younger and have conditions that may improve still face the possibility of a review and reduction.

How To Pursue P&T Status

If you are a veteran with a TDIU rating and are interested in pursuing Permanent and Total status, the process typically involves submitting medical evidence or documentation showing that your condition is stable and unlikely to improve. It can also involve submitting a request to the VA for a re-evaluation of your disability rating.

At our law firm, we assist veterans in pursuing P&T status after being granted TDIU, helping to secure long-term benefits and protection from potential reductions. We work closely with veterans to build strong cases, gather necessary evidence, and guide them through the application process.

Securing The Long-Term Support You Need

Receiving TDIU benefits is a significant achievement for veterans who can no longer work due to service-connected disabilities, but securing Permanent and Total (P&T) status takes that a step further, offering long-term stability and protection. If you’re a veteran with TDIU and are concerned about the possibility of reductions or re-evaluations, pursuing P&T status can provide the security you need.

Reach out to Gregory M. Rada, Attorney at Law to see how we can assist in making your TDIU rating permanent so that you continue to receive the benefits you need. Our founding attorney is a veteran and is dedicated to securing financial support for disabled service members. Our firm leverages proven results and direct communication to deliver optimal outcomes for clients. There is no fee unless we win your case and all consultations are free. Don’t wait to take the next step to get the permanent benefits you deserve. Call now to set up a meeting.