VA Unemployability After Age 65: 9 Key Questions Answered

VA Unemployability After Age 65

As more veterans reach retirement age, questions often arise about how VA Unemployability (TDIU) applies to those aged 65 and older. Many veterans mistakenly believe that turning 65 or retiring automatically disqualifies them from receiving TDIU benefits. However, the VA’s rules make clear that age and retirement status cannot be used against a veteran when determining eligibility for these benefits.

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This article breaks down the most important questions veterans have about VA Unemployability after 65, clarifies how the benefit works, and provides insights from experts to help ensure you receive the compensation you deserve in 2026.

TDIU Payment Overview for 2026

StatusMonthly 2026 Rate (Approx.)
Single Veteran$3,938
Veteran with Spouse$4,150
Veteran with Spouse & 1 Child$4,350
Additional Dependent+$90–$150 per person

Note: Rates are adjusted annually based on the Cost-of-Living Adjustment (COLA).

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What Is VA Unemployability (TDIU)?

Total Disability Based on Individual Unemployability (TDIU) allows veterans to receive 100 percent disability pay even if their service-connected conditions are rated below 100 percent.

To qualify, veterans must show that their service-connected disabilities make them unable to maintain substantially gainful employment. The VA defines “substantially gainful” as a job that pays more than the federal poverty threshold and is consistent with the veteran’s skills, education, and work history.

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Eligibility Requirements for TDIU in 2026

CriteriaMinimum Requirement
Single Disability60% or more
Combined Disabilities70% or more with at least one rated 40% or higher
EmploymentUnable to maintain substantially gainful employment due to service-connected disabilities
AgeNot considered in eligibility
EvidenceMedical proof, work history, and lay statements

VA Policy on Age and Unemployability

The VA does not consider age when evaluating unemployability claims. That means veterans over 65 can still qualify for or continue to receive TDIU benefits if their service-connected conditions prevent them from working.

According to Veterans law expert Tina Marshall,

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“Many older veterans assume their age disqualifies them from TDIU, but that’s not true. The VA must evaluate your disability’s impact on your ability to work not how old you are.”

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How TDIU Works After Retirement Age?

Even if a veteran is retired or receiving Social Security Retirement Benefits (SSRB), they can still qualify for TDIU. The VA looks only at the impact of service-connected conditions not retirement status or age-based income.

Veterans attorney Jason Rivera explains,

“TDIU is about employability, not employment status. If your disabilities keep you from working, you’re still eligible even if you’ve technically retired.”

TDIU and Social Security: Can You Get Both?

Yes. Veterans can receive TDIU and Social Security Retirement at the same time. The two benefits are separate programs and do not offset each other.

However, veterans cannot collect TDIU and Social Security Disability Insurance (SSDI) for the same disability if both agencies determine the condition makes them unemployable, though the VA and SSA often use different criteria.

Top 9 Questions Veterans Over 65 Ask About TDIU

1. Can I apply for TDIU after turning 65?

Yes. Veterans over 65 can apply for and receive TDIU benefits if service-connected conditions prevent substantially gainful employment.

2. Does age affect my TDIU claim?

No. VA regulations specifically prohibit age as a factor in unemployability decisions.

3. Will my TDIU stop when I reach retirement age?

No. TDIU benefits do not automatically stop at 65, 67, or any other age. As long as your disabilities continue to make you unemployable, you remain eligible.

4. What if I already receive Social Security Retirement?

You can still receive full VA TDIU payments along with Social Security Retirement since they are separate programs.

5. Do I need to prove I can’t work at all?

You must show you cannot maintain substantially gainful employment. Occasional or part-time work below the poverty threshold is typically allowed.

6. Can I get TDIU if I’m retired by choice?

If your retirement is due to your service-connected disability, you may qualify. But if you chose to retire voluntarily and your conditions would not prevent work, the VA may deny the claim.

7. Does my condition need to be 100% disabling?

No. TDIU pays at the 100% rate even if your combined disability rating is less than 100%, provided you meet the rating criteria and unemployability standard.

8. Can the VA take my age into account indirectly?

No. The VA must focus only on the medical and vocational impact of your disabilities, not on typical age-related decline.

9. How do I apply for TDIU if I’m over 65?

Submit VA Form 21-8940 (“Veteran’s Application for Increased Compensation Based on Unemployability”) along with medical records and employment history. Include statements explaining how your disabilities prevent work.

Expert Insights

Dr. Michael Greene, a VA policy analyst, notes,

“The aging veteran population is growing rapidly, and TDIU ensures older veterans aren’t penalized for disabilities that limit their employability. The VA’s policy protects their right to full compensation, regardless of age.”

Veterans Benefits Advisor Laura Kent adds,

“In 2026, with rising living costs, TDIU payments can make the difference between financial hardship and stability for many older veterans.”

Tips for Veterans Over 65 Filing for TDIU

  • Provide clear medical documentation connecting your disability to unemployability.
  • Submit lay statements from family or coworkers describing how your disability limits work activity.
  • Keep copies of all submissions and check your claim status regularly on VA.gov.
  • Consult with a Veterans Service Officer (VSO) for free assistance in filing or appealing claims.

Final Thoughts

For veterans over 65, TDIU remains a powerful tool for financial stability and recognition of service-connected hardship. Age and retirement status should never prevent a veteran from receiving fair compensation.

As attorney Jason Rivera emphasizes,

“If you’re unable to work because of a service-connected condition, your age doesn’t disqualify you. File the claim, provide solid evidence, and ensure you’re getting every dollar you’ve earned.”

With 2026 bringing new cost-of-living adjustments and faster claim reviews, now is an excellent time for older veterans to review their eligibility and secure the benefits they deserve.

Frequently Asked Questions

Does TDIU pay the same as a 100% disability rating?

Yes, veterans approved for TDIU receive compensation at the 100% disability rate.

Can I lose TDIU if I take a part-time job?

Not necessarily. If your job is marginal (below the poverty threshold), you can still qualify for TDIU.

Is there an age limit for applying for TDIU?

No. There is no upper age limit veterans in their 70s, 80s, or 90s can still qualify if their conditions prevent work.

Does TDIU affect other VA benefits?

No. You can continue to receive other benefits like healthcare, dependents’ allowances, and housing assistance.

How long does it take to get approved?

Processing times vary, but most claims take 4–8 months, depending on evidence and backlog.

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