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.
VA TDIU FAQs
Attorney Greg Rada has over a decade of experience specializing in helping veterans win the most challenging disability claims, including TDIU. With our track record of successful cases and our veteran-centered approach, we offer more than legal services. Our team of attorneys offer peace of mind. If you’re dealing with issues like appeals, termination risks, or employment complications, working with our skilled VA TDIU lawyer can protect your rights and secure your future.
What Forms Do I Need To Submit For TDIU?
To file for TDIU, you’ll need to submit VA Form 21-8940 (Application for Increased Compensation Based on Unemployability). The VA may also require VA Form 21-4192 from your former employers to confirm work history and reasons for leaving. These forms help the VA evaluate whether your condition prevents you from engaging in substantially gainful employment. Missing documents or vague answers can delay or derail your claim, so it’s important to get help when preparing your submission.
Can TDIU Be Revoked Or Terminated?
Yes, TDIU is not always permanent. If the VA finds that you’ve returned to substantial employment or your condition has improved, they may initiate a proposal to reduce or terminate your TDIU status. You’ll have the right to respond, submit evidence, and attend a new C&P exam. If you’re facing a proposed termination, it’s vital to act quickly and speak with our VA TDIU lawyer to make sure your rights are protected and the VA considers your full medical and work history.
Is TDIU Permanent Or Reviewed Periodically?
TDIU can be either permanent or subject to periodic review. If the VA determines your condition is unlikely to improve, they may label your benefits “Permanent and Total” (P&T), which means no future exams are scheduled. Otherwise, the VA may schedule future evaluations, especially if you’re under 55 or your disability is expected to improve. Make sure to attend all appointments and keep medical documentation up to date to maintain your benefits.
Do I Need A TDIU Lawyer To File Or Appeal?
While not legally required, working with our TDIU attorney dramatically increases your chances of success. Veterans often lose out on compensation due to missed deadlines, incomplete evidence, mistakes while filing, or misunderstanding VA requirements. Our VA lawyer understands how to gather the right documentation, argue for favorable effective dates, and represent you during appeals if your claim is denied. It’s an investment in securing the maximum benefits you’re entitled to under law.
Are There Upcoming Policy Changes That Could Affect My TDIU Claim?
As of 2025, there are no confirmed changes to TDIU rules, but legislative proposals have been discussed that could impact eligibility or review standards. These include potential income reporting thresholds and new digital review processes. Veterans should stay informed and consult legal professionals to understand how policy shifts might affect ongoing or future claims. Our team closely monitors legal developments to proactively protect our clients’ benefits.
Take Action Before The VA Does
Filing TDIU claims is about more than just forms—it’s about protecting your livelihood. At Gregory M. Rada, Attorney at Law, we stand by veterans with clarity, compassion, and the legal strength they need to face the VA system. Whether you’re appealing a denial or responding to a proposed termination, our experienced VA TDIU lawyer can be your best ally. Reach out today and let us help you protect the benefits you earned through your service.
