About the GI Bill and TDIU Veterans
- Can I Use The GI Bill If I Have TDIU?
- Why Won’t I Lose TDIU Benefits With Education?
- What About If I Have 100% TDIU?
- Do I Need A Lawyer When Pursuing TDIU Benefits?
- What Is The GI Bill?
- Can I Transfer My GI Bill Benefits To Family While Keeping My TDIU?
- At What Point Can I Lose My TDIU In Relation To GI Bill Benefits?
- What Is TDIU?
- How Do I Calculate My Potential TDIU Rating?
- What Happens If I Am Denied TDIU Benefits?
- Free TDIU Claim Evaluation
Can I Use The GI Bill If I Have TDIU?
The answer is yes. It is a common misconception that you will lose your TDIU benefits if you apply for schooling through the GI Bill. While many veterans would prefer gainful employment, especially if you make more in a month than you would off your 100% TDIU benefits, but simply going to school through the GI Bill does not disqualify you from TDIU compensation while pursuing education.
The only stipulation you may encounter is a limited window of benefits if you qualify for multiple VA education benefits. For example, you are entitled to 48 months total of education benefits, so you could receive 36 months of one particular benefit and then 12 months of another. This shouldn’t affect your TDIU benefits.
Why Won’t I Lose TDIU Benefits With Education?
There is no regulation stipulating that veterans will lose TDIU or any other Voc Rehab benefits or compensation when applying for or possibly taking higher education courses. Veterans should be encouraged to go after education opportunities that could potentially put them in a better position for gainful employment.
What About If I Have 100% TDIU?
We have heard the claim before that a veteran who is on 100% TDIU cannot use Voc Rehab or the GI Bill. There is no mandated regulation or protocol that bars veterans on TDIU from seeking any sort of retraining or education. If you have 100% TDIU, you may encounter increased difficulties when attempting to use your GI Bill benefits, but that depends on varying factors such as individual vocational rehabilitation counselors, their assessment of you, etc. We always recommend seeking any type of denial in writing so you can see the cited statute that bars you from seeking GI Bill benefits, even on 100% TDIU.
With any type of education or training, you do risk (if you consider it one) the possibility of losing your TDIU benefits because you are able to keep gainful employment. If this is the case, you may find that you make more money off your new career than 100% TDIU. Another possible outcome is your TDIU rating drops, meaning a drop in funding.
Do I Need A Lawyer When Pursuing TDIU Benefits?
It is not required for veterans seeking Total Disability Individual Unemployability benefits, but we strongly encourage you to do so. Having a dedicated Veterans Affairs attorney on your side ensures your rights as a disabled veteran are protected.
If you are appealing a previous TDIU denial, an attorney is vital to the success of your appeal. The VA will have legal representation when reviewing your case. We encourage you to be represented as well.
What Is The GI Bill?
We understand that some veterans may not be aware of the benefits entitled to them. We are going to cover some of the basic benefits and terms being tossed around so you can be brought up to speed if you are not aware. For starters, the Post 9/11-GI Bill helps veterans pay for school or job training.
How Do I Know If I Qualify For The Post 9/11-GI Bill?
Veterans qualify for the post 9/11-GI Bill (Chapter 33) if they:
- Served on active duty for at least 90 days (can be consecutive or intermittent) on or after September 11, 2001
- Received a Purple Heart on or after September 11, 2001, and were honorably discharged
- Served for at least 30 days on or after September 11, 2001, and were honorably discharged with a service-connected issue
- Or a dependent child using benefits transferred by a qualifying member
What Benefits Does The Post 9/11-GI Bill Get Me?
The Post 9/11-GI Bill (Chapter 33) provides up to 36 months of benefits including:
- Tuition and fees – The VA will cover the full cost of tuition and fees for public, in-state education if you qualify.
- Money for housing – Covers funding for housing if in school for more than half your time. The allowance is determined by the cost of living in the surrounding area.
- Money for supplies – Covers costs for books and other educational supplies. Veterans can receive up to $1,000/year.
- Potential relocation costs – You may qualify for additional funding to help relocate to your educational institution.
How Long Do I Have To Use My GI Bill Benefits?
The window of time you have to claim GI Bill benefits depends on when your service period ended. If your military service ended prior to January 1, 2013, your GI Bill (Chapter 33) benefits will expire after 15 years from your last day of service. Eligible benefits must use all benefits during that 15-year window or they expire.
If your service ended on or after January 1, 2013, you do not have to worry about any expiration dates using your benefits. A law known as the Forever GI Bill – Harry W. Colmery Veterans Educational Assistance Act changed that.
How Do I Access GI Bill Benefits?
You must apply for these educational benefits. The amount you receive depends on a multitude of factors such as your length of service, the institution you wish to attend, how many credits you would be taking, and more. We recommend starting at the college you want to attend and working with their financial aid office instead of starting with the VA because they will know about all of the financial help you can receive in addition to the G.I. Bill.
Can I Transfer My GI Bill Benefits To Family While Keeping My TDIU?
Yes. Military veterans that qualify for GI Bill educational benefits have the option of deferring their benefits to either their spouse, kids, or any combination of the two. If you are on 100% TDIU and want to transfer your GI Bill benefits, you will not lose the TDIU compensation you receive as a result.
How Does Transferring My GI Bill Benefits To My Spouse Work?
Transferring your GI Bill benefits to your spouse can be done using the online transfer resources through the Transfer of Education Benefits website. If you are attempting to allocate your benefits to your spouse, there are several conditions that can apply. These include:
- Spouses can begin to use their transferred benefits immediately upon successful transfer.
- Can begin using education benefits while the transfer remains in the military or after their discharge.
- Spouses are not eligible for the monthly housing allowance portion of the GI Bill benefits while the member is still in active duty.
- If the service member was discharged or left the service on or before January 1, 2013, the 15-year window applies to spouses trying to use GI Bill benefits. If 15 years is up and the benefits have not been used, they are gone forever.
How Does Transferring My GI Bill Benefits To My Children Work?
Transferring your GI Bill benefits to your children carries stricter conditions than with your spouse. These applicable conditions include:
- Children may only start to use the GI Bill benefits after the member making the transfer logged ten years of service.
- Children may use the GI Bill benefits while the member is in service or after separation.
- Children may not use the GI Bill education benefits until they have completed secondary school or reached at least 18 years of age. They can also receive a certificate equivalent to completing secondary school.
- Children are entitled to monthly housing allocation even if the member is on active duty.
- Children are not subject to the 15-year window, but they will lose access to the benefits after reaching 26 years of age.
At What Point Can I Lose My TDIU In Relation To GI Bill Benefits?
You may be subject to future checkups and inspections to ensure you still qualify for 100% TDIU benefits. This involves checking in on whether you are able to keep or obtain gainful employment, which is the primary factor in determining TDIU eligibility.
After completing your education through benefits received via the GI Bill, you will more than likely be pursuing job opportunities. After all, why better yourself with education if not to pursue possible career opportunities afterward? In the event you receive gainful employment with your newly acquired education and are able to keep the position, your TDIU may be taken away. It is important to note you will not lose your TDIU if you transfer your GI Bill education benefits to your spouse or children.
While losing your TDIU in pursuing GI Bill benefits is the primary concern of this blog, it is worth noting the positives in securing gainful employment after education. Many veterans find more satisfaction with careers after using their GI Bill benefits than they did remaining sidelined with 100% TDIU income. It ultimately depends on the severity of your impairments through which you gained TDIU benefits in the first place. If you are able to pursue education and end up finding gainful employment as a result, the benefits may outweigh the cost of losing your Total Disability Individuality Unemployment benefits access.
What Is TDIU?
We’ve referred to TDIU throughout this blog and you may be curious what it is if you haven’t figured it out already. TDIU stands for Total Disability Individual Unemployability. These benefits are designated for veterans that cannot keep or obtain gainful employment. You can find more information on TDIU here.
These benefits are for those who cannot work due to physical or mental impairments. These impairments must be service-connected in order for you to receive TDIU benefits. The percentage of TDIU you qualify for is dependent on the severity of your ailments.
How Much Do TDIU Benefits Pay Monthly?
TDIU benefits are comparable to 100% VA Disability rating. Veterans that qualify for TDIU should receive a minimum of $3,737.85/month.
Get Your TDIU Pay Chart
Download and print this free pay chart of TDIU monthly payments. We know what it takes to win Total Disability because of Individual Unemployability. This chart details the monthly payment that veterans get when they win IU for their VA disability claim.
GI Bill Benefits Won’t Take Away From TDIU Benefits
If you qualify for TDIU and are using your GI Bill benefits for either yourself or a family member you should not lose any of the TDIU income you currently receive. The$3,737.85/month figure listed above is a minimum amount. You may be entitled to more depending on your TDIU rating.
How Do I Calculate My Potential TDIU Rating?
Trying to calculate your own disability rating can be a daunting task. You want to ensure you are being accurate and truthful, and that you are not underselling your impairments. This could lead you to receive less compensation monthly or a lesser TDIU rating. Here at Woods and Woods Lawyers, we have a free Veterans Disability Calculator you can use to gauge an approximation of what percentage you may fall under.
What Happens If I Am Denied TDIU Benefits?
If you are denied TDIU benefits, be sure to determine the reason for your denial. Getting this in writing would be beneficial for the next step. We here at Woods and Woods help many veterans appeal their initial TDIU decision and eventually claim benefits they are rightfully owed. If you feel you are entitled to TDIU compensation and didn’t receive an approval, don’t hesitate to Contact Us today to see what we can do for you.
Free TDIU Claim Evaluation
Our goal at Woods and Woods is to help veterans gain access to the benefits they are entitled to. We also help with regular injury and disability claims, but we pride ourselves on our work with veterans. Founded in 1985, this family owned-and-operated firm has helped many clients navigate their injury or disability claims.
If you are in need of legal assistance with your Total Disability Individual Employability Benefits claim, please submit a free TDIU Claim Evaluation so one of our 85 legal professionals can reach out to get you along your way toward receiving the TDIU benefits you are rightfully owed.
Yes, you can just transfer Post-9/11 GI Bill to Spouse and Dependents that qualify. The Financial aid department at your college may be able to help you with this, or you can visit the VA Transfer of Benefits site.
Not necessarily. The question will come up when you get your ratings re-assessed every 5 years or so. If the VA deems you able to work because you’ve been going to school, they may reduce your rating. If you can show them that your use of the GI Bill hasn’t improved your disability and you still can’t work, your rating will stay the same.
Yes, if you served for 10 years and they are in the correct age range. Talk to your Financial Aid department to get the right forms you’ll need to apply.
Neil Woods
VA disability lawyer
Woods and Woods
VA Accreditation Number: 44739