We get this question all the time. There is a difference between 100% P&T, 100% Temporary, and 100% Total Disability Individual Unemployability (TDIU). Here is a quick snapshot to explain the differences. The information below is general as all situations are unique and need to be examined independently.
1. 100% P&T - This rating is a 100% disability rating and the VA considers this permanent because of the condition, your age, or combination of the two. The VA does not expect your conditions to improve. You can still work with no limitations on working.
2. 100% Temporary – This rating is for conditions that the VA may decide to re-evaluate because of the possibility that those conditions can improve. Also used for post-surgery ratings. The VA will evaluate your condition after a recovery period and adjust your rating, if needed (up or down).
3. 100% TDIU – You can get this rating with the following criteria:
You are rated 100% and cannot work due to your disabilities.
You are rated with one disability at least 60% and you cannot work due to your disabilities.
You are rated with two or more disabilities, and one rating is at least 40% with a total combined rating of 70% or better and cannot work due to your disabilities.
You can work with TDIU, but there are some rules. You cannot earn more than the federal poverty threshold (for 2022 it is $13,950 annually for single individuals). If you work and make less than the poverty threshold, the VA may consider this to be “marginal” employment, and that is acceptable.
Additionally, the protected work environment exclusion includes work such as family businesses or jobs that allow accommodations to/in the work environment. You can make more than the poverty limits in these situations.
If you have specific questions about your situation, please reach out to us at www.vtrnlw.com.
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