No, your age will not be a factor in you qualifying for VA disability benefits.
In accordance with CFR Title 38, Part 4 Subpart A § 4.19: “Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension.”
Many Veterans worry they will lose Total Disability Individual Unemployability (TDIU) benefits once they hit 65—a common retirement age—but there is no age limit on TDIU benefits.
You can continue to receive individual unemployability indefinitely, even after age 65.
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Age May Be a Factor When Determining Permanent and Total Disability Rating
The only time age can impact your VA disability benefits is if the VA is trying to determine your eligibility for a Permanent and Total disability rating. It's the highest level of disability rating and qualifies you for the maximum amount of VA disability benefits. A Permanent and Total disability rating from the VA means that your service-connected condition is completely disabling, unlikely to improve, and it is reasonably certain the impairment will continue for the rest of your life. The VA may consider your age when determining “permanence” of a “total” VA disability. It can be more difficult for a younger Veteran to be considered permanently disabled.
Other VA Rules Making Your Disability Rating More Permanent
The VA also has rules that can make a disability rating more permanent, including:
10-year rule
The VA cannot change or revoke a service-connection finding for a disability that has been in place for at least 10 years unless all evidence of record shows sustained improvement, the original award was based on fraud, or the original was clearly and unmistakably erroneous.
20-year rule
The VA cannot reduce a disability rating that has been in place for at least 20 years unless the award was based on fraud.
55-year rule
Once you reach the age of 55, your disability rating is generally protected from future examinations, unless the VA can provide evidence of unusual circumstances
Qualifying for Veterans Pension
Age is a factor in another kind of VA benefit—eligibility for a Veterans Pension. You must be at least 65 years old. (Or have a permanent and total disability rating, or are a patient in a nursing home receiving skilled nursing care, or are receiving Supplemental Security Income.)
Other Veterans Pension qualifying factors include:
- You must have had at least 90 days of active duty, including one day during a wartime period. If the active duty occurred after September 7, 1980, you must have served at least 24 months.
- Your countable family income must be below the yearly limit set by law and meet a net worth limitation.
