Many aging veterans wonder what happens to their VA disability when they turn 65, whether retirement affects VA unemployability, and how their VA benefits work alongside Social Security Disability Insurance (SSDI).
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In this article, we cover some of the basics of VA disability ratings and clear up common questions about age limits, retirement, and VA benefits to help you better understand and prepare.
Key Takeaways
- VA disability benefits do not automatically end at 65. In fact, there is no specific age at which VA disability benefits stop.
- TDIU does not automatically end when a veteran reaches retirement. Instead, TDIU is based on whether a veteran’s service-connected disabilities would prevent them from holding down “substantially gainful employment” regardless of age.
- The VA has a “55-year-old-rule.” Under this rule, veterans who receive VA disability benefits for service-connected conditions are exempt from most periodic future examinations once they turn 55.
In this article about whether VA disability ends at age 65:
VA disability and TDIU
VA disability benefits are provided to veterans who have one or more mental or physical health conditions connected to their military service. These conditions may have been directly caused by their service or made worse by it.
Veterans with a service-connected disability are evaluated by the VA and assigned a disability rating between 0% and 100%.
Additionally, there are cases in which a veteran has symptoms that prevent them from working to support themselves, but they don’t qualify for a 100% disability rating. In circumstances like these, veterans may be awarded total disability based on individual unemployability (TDIU).
Veterans that qualify for TDIU get disability compensation at the same level as a veteran with a 100% VA rating, or $3,938.58 each month for an unmarried veteran with no dependents. In both cases, the VA considers the veteran as receiving “total disability.”
At what age does VA unemployability stop?
VA disability benefits do not automatically end at any certain age. Unlike some other programs, the VA does not stop or reduce benefits just for reaching retirement age.
VA disability compensates veterans based on the functional loss caused by service-connected conditions, not their age or employment status. As long as those conditions remain and continue to impact the veteran, benefits should continue. They may last the veteran’s entire lifetime and, in some cases, even lead to their surviving family members receiving compensation after their death.
Retiring as a civilian does not trigger an automatic audit or reduction of benefits.
Additionally, you can apply for VA benefits after reaching retirement age. The same rating criteria will be used to evaluate your condition as other veterans both younger and older than you.
Does TDIU end at retirement age?
TDIU does not automatically end when a veteran reaches retirement. One common misconception is that unemployability benefits stop when a veteran retires because they “would not be working anyway,” but the VA does not base TDIU on age or retirement.
Instead, TDIU is based on whether a veteran’s service-connected disabilities would prevent them from holding down “substantially gainful employment” regardless of age. The VA is looking at things like work history, education, symptoms, impairments, and outcomes of your service-connected conditions.
Therefore, even after reaching retirement age, a veteran can qualify for and receive TDIU if their service-connected conditions would limit their ability to work.
As with any VA benefit, eligibility can be reviewed even after turning 65, but eligibility does not hinge on the veteran’s age or retirement status.
VA disability and the 55-year-old rule
While VA disability benefits do not change at retirement age, veterans may see a shift in how their disability is handled when they turn 55. That’s because the VA has what is called the “55-year-old-rule.” Under this rule, veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55.
However, the VA can still order a re-examanation for:
- Veterans who have completed treatment for certain cancers
- Unusual circumstances
- A service-connected condition that expressly requires re-evaluation within its diagnostic code
- A new condition filed with VA
- A claim on appeal
Older veterans who have received VA disability for many years may also benefit from other stabilizations or protections to their benefits. This may help make their monthly compensation more secure.
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Can you get VA disability and SSDI benefits at the same time?
VA disability benefits and Social Security benefits are separate programs, and it is possible to receive both at the same time if you meet each program’s unique requirements, with no offset.
The VA focuses on service-connected disabilities, while Social Security evaluates your ability to work due to any medical condition, regardless of whether it is related to military service. Veterans may also be eligible to receive Social Security benefits when they reach retirement age.
Because the eligibility criteria are different, qualifying for one does not automatically mean you qualify for the other. For example, a veteran receiving TDIU from the VA may still be denied Social Security, or vice versa.
Each program has its own application process, medical evidence standards, and payment structures. As a result, it’s important to apply for and manage each benefit separately.
How Woods & Woods can help
Our TDIU lawyers have helped thousands of veterans nationwide who can no longer work because of their service-connected conditions. Call us today for your free, confidential TDIU case evaluation. You won’t pay us unless we win your claim.
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Frequently asked questions
TDIU does not automatically end when a veteran reaches a particular age. A common misconception is that these benefits stop because a veteran “wouldn’t be working anyway,” but the VA does not base TDIU on age.
Veterans can continue receiving VA disability after age 65. Veterans may also apply for benefits after reaching retirement age.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
