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When a veteran’s disability is rated less than a total 100% evaluation, but he or she is unable to obtain or maintain substantial gainful employment, VA regulations allow the veteran to apply for Total Disability Based on Individual Unemployability (TDIU). It is based on the severity of the individual veteran’s unique disability picture and its impact on the veteran’s ability to obtain and maintain substantial gainful employment. Generally, the veteran must have a single disability rated at 60% or a combined evaluation of 70% to be eligible for TDIU.  In recent years, reducing or limiting TDIU has been the focus of many Congressional Budget Office (CBO) reports as a deficit reduction measure. In December 2018, it was suggested to terminate and cutoff TDIU benefits at the age of 65, and in reports in December 2020 and December 2022, CBO recommended to restrict TDIU once a veteran reaches the age of 67. H.R. 6362, the Protecting Benefits for Disabled Veterans Act, would provide additional protections for TDIU and prohibit the VA from considering the age of the veteran or their eligibility to any retirement benefit, including Social Security, in making such determinations. DAV strongly supports H.R. 6362, as it would ensure the availability of TDIU for all veterans regardless of age or receipt of any other earned federal benefits. Consistent with DAV Resolution No. 445, DAV supports the protection of TDIU as it is not a retirement or pension program. We are calling on all DAV members and supporters to contact their elected representatives and urge them to co-sponsor and support H.R. 6362 to protect veterans and their families now and in the future from these harmful proposals. Thank you for all you do for America’s veterans and their families..
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