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  • Moderator

Congratulations!   That is an interesting dilema.  Did your decision state your IU was not P and T?  VA loves to confuse on this issue, as they dont want your dependents applying for Chapter 35, and they dont want your spouse applying for Champva. 

Its interesting that neither 4.16 A nor 4.16 B mention "Permanent" tho it does mention "total".   Remember, the difference between "pension" and TDIU is that 1.  Pension is needs based and if you are not needy enough you dont get pension 

and 2.  Both show you to be unemployable, but TDIU says its due to SC conditions only.  

However, look at NSC Pension criteria, especially what I posted in red.:

(3) Improved pension; Pub. L. 95-588 (92 Stat. 2497). A benefit payable by the Department of Veterans Affairs to veterans of a period or periods of war because of nonservice-connected disability or age. The qualifying periods of war for this benefit are the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era and the Persian Gulf War. Payments are made monthly unless the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under 38 U.S.C. 1521(b), in which case payments may be made less frequently than monthly. Basic entitlement exists if a veteran:
(i) Served in the active military, naval or air service for 90 days or more during a period of war (38 U.S.C. 1521(j)); or
(ii) Served in the active military, naval or air service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U.S.C. 1521(j)); or
(iii) Served in the active military, naval or air service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C. 1521(j)); or
(iv) Served in the active military, naval or air service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C. 1521(j)); and
(v) Meets the net worth requirements under § 3.274 and does not have an annual income in excess of the applicable maximum annual pension rate specified in § 3.23; and
(vi)
(A) Is age 65 or older; or
(B) Is permanently and totally disabled from nonservice-connected disability not due to the veteran's own willfull misconduct. For purposes of this paragraph, a veteran is considered permanently and totally disabled if the veteran is any of the following:
(1) A patient in a nursing home for long-term care because of disability; or
(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner; or
(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person; or
(4) Suffering from:
(i) Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or
(ii) Any disease or disorder determined by VA to be of such a nature or extent as to justify a determination that persons suffering from that disease or disorder are permanently and totally disabled.
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  • HadIt.com Elder

Congratulations Buddy  Great News   You may want to apply for P&T

 

..........Buck

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  • Content Curator/HadIt.com Elder

Congratulations!

Did your award letter happen to mention anything about being reevaluated or considered temporary?

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