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winkjo

Tdiu Decision Any Day Now!

Question

How Do TDIU and P&T Relate?

S.O. DAV says likely TDIU is an any day now DRO Decision. Can someone help me understand the relationship between TDIU and P&T...how does one get a P&T decision ? Have DIB from SS and currently at 30% PTSD, 60% total with DM-II and PN in the mix. SS ALJ wrote disabled perm due to "severe PTSD". Would appreciate some clarification on TDIU, P&T pros/cons and how you are granted P&T ??? thanks, friends -

Winkjo

Semper Fi

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Individual unemployability:

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

------------------------------

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

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Individual unemployability:

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(:rolleyes: It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

------------------------------

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

Carlie

Wow....Gotta hand it to you. So very kind of you to take the time and effort to detail everything. Was expecting a few fragments re: my plea for understanding TDIU vs P&T... BUT you certainly clarified all! Thank you so much.

Winkjo

Semper Fi

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winkjo,

Did you have your DRO review or a Hearing ?

If you had a DRO Hearing, when was it held ?

carlie

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Individual unemployability:

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

------------------------------

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

Carlie,

That is the best definition of P&T that I've found to date.

Thank you,

Bergie

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Bergie & winkjo,

I wish I could take the credit for authoring the information on P&T, but I borrowed and quoted it

from elsewhere.

It is the most understandable information I have found on this issue so far.

carlie

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