Question:
I have TDIU for over 10 years. The TDIU is attached to 70% rating in effect for over 20 years. I know the 70% is protected. Is the TDIU also protected? The 10 year rule states that a rating cannot be taken away, only reduced, barring fraud. Can TDIU be reduced?
Jim's Reply:
The concept of a protected rating has always been sort of interesting to me. The fact is that 'protection' of a rating is only useful when the law changes and has a direct effect on a given rating.
For example, VA is looking at changing the outrageously overrated 50% that we get for sleep apnea. If that rating falls to a more reasonable 10% anyone who had the 50% rating for a stated time is protected from the loss of the higher rating.
That's a pretty rare event and it affects darn few veterans.
In any case, to answer your question...yes, your TDIU rating would benefit from any protection that may be available since your underlying 70% ratings wouldn't change. If an event occurs that changed the underlying ratings to something less than required for TDIU eligibility then you'd have to be worried about the rating.
Plenty of rumors are out there about how 'they're' going to take away our TDIU benefit and none of those rumors are true in any way. There is no current legislation happening that has that as a goal and TDIU vets are as secure in their benefits as any other. Good luck sir.