New Bill Could Limit TDIU for Veterans Over 67: What You Need to Know

A recently introduced bill in Congress is starting to get attention — and raise questions — among veterans who receive (or may eventually apply for) Total Disability based on Individual Unemployability, or TDIU. 

On June 3rd, 2026, Congressman Keith Self introduced H.R. 9135, the Total Disability based on Individual Unemployability Reform Act of 2026. At first glance, a majority of the bill mirrors rules the VA already follows. But one part stands out: a proposed age limit for future TDIU benefits. 

Any time lawmakers start discussing changes to VA disability benefits, it’s understandable for veterans to feel concerned. TDIU is a critical benefit for many — especially those whose service-connected conditions make steady employment difficult or impossible. 

Before anyone panics, it’s important to keep this in mind: this bill is not law. It’s simply been introduced and could still be revised — or may never pass at all. Still, it’s worth taking a closer look at what’s on the table.  

What TDIU Actually Does 

TDIU allows certain veterans to be paid at the 100% disability rate when their service-connected conditions prevent them from maintaining “substantially gainful employment.” 

For many veterans, this benefit fills an important gap. Even if their combined disability rating is below 100%, their real-world ability to work may still be severely limited. TDIU supplements the difference — and makes the numbers actually work in real life.  

What Would H.R. 9135 Change? 

In many ways, the bill simply puts existing TDIU rules into federal law. Under current guidelines, veterans generally need: 

• One service-connected disability rated at 60% or higher, or 

• A combined rating of at least 70%, with one disability rated at 40% or higher 

But the biggest change — and the part drawing the most attention — is a proposed age restriction. 

As the bill is currently written, veterans who are 67 or older would not be eligible for TDIU. However, this rule would only apply to veterans who begin receiving TDIU on or after December 31st, 2026. That means veterans already receiving TDIU before that date would not lose their benefits. 

Who Could Be Affected? 

If this bill were to pass as written, it would mainly impact veterans who: 

• Are not currently receiving TDIU 

• May qualify for TDIU in the future 

• Are 67 or older at the time they apply 

Veterans already receiving TDIU would be grandfathered in and would keep their current benefits. 

Why Are Veterans Concerned? 

Supporters of the bill may argue that TDIU is meant to compensate for lost earning ability. From that perspective, they point out that veterans over 67 may already have access to income sources like Social Security retirement benefits. 

But many veterans — and veterans advocates — see it differently. 

VA disability compensation exists because of injuries or conditions tied to military service. Service-connected disabilities don’t just disappear because someone hits retirement age. A veteran who’s unable to work at age 66 may face those same limitations at age 67, 70, and beyond.  

Critics of the bill argue that eligibility for TDIU should be based on whether a veteran can work — not just how old they are. 

What Should Veterans Do Right Now? 

Right now, nothing has changed. 

Current TDIU rules still apply, and veterans should not delay filing a claim based on a bill that hasn’t passed. 

If your service-connected conditions prevent you from working, waiting rarely helps — and can sometimes hurt your claim. Proposed laws often change during the legislative process — or don’t become law at all. 

For now, veterans should: 

• Stay informed 

• Keep documentation showing how their disabilities affect their ability to work 

• Seek guidance if they’re unsure about their eligibility 

If you have questions about TDIU or need help navigating the claims process, the team at Legal Help For Veterans is here to help you understand your options and next steps — and advocate for the benefits you’ve earned. We talk with veterans every day who feel stuck in this exact situation — unable to work, but unsure whether they qualify for TDIU.  

We'll Continue Monitoring This Legislation 

Any proposal that could affect veterans’ benefits deserves close attention. 

The experts at Legal Help For Veterans will continue following H.R. 9135 as it moves through Congress and will share updates if anything significant changes. Bottom line: This is still just a proposal — not a new law — and current TDIU benefits remain unchanged.