Two Questions....

[Sgt eve]

First question: How do I know if my SC diability rating/award is permanent or if one day I just won't receive any more compensation ($) ?

Second: We have a debate going at work about this; If someone is getting SC disabilty for say.....generalized anxiety and the medicine(s) they take has caused a new onset of migraine headachs to the point where cat scans had to be taken and he has to call in sick sometimes because they are so bad. Can he be awarded more comp. for that?

Thanks for any help.

[Berta]

Once the VA states that medical evidence supports that your disability is Permanent and Total,it still has to be in effect for ten years or more before they stop giving you C & Ps.

Then again the VA can call for a C & P anytime they want....but they would have to prove substantial improvement of the disability had occurred -to change a P & T rating back to non P & T or to lower the comp that goes with the P & T rating.

I posted a topic here recently on secondary conditions-

if a SC med causes a ratable side affect, the side affect can be claimed as a secondary condition.

Example: My neighbor , WWII vet, received a statin med in error by the local VAMC.

They thought he was a mid Eastern Asian but he is a full blooded American Indian.

Amerindians cannot take certain statin drugs.

He developed a terrible limp requiring a cane and the VA wanted to operate on his hip-

good thing someone checked him out better- the hip problem and the limp were actually from the statin drug.

We discussed a Section 1151 claim but then again the VA mitigated their medical error as soon as they could.

He is doing better but still limps a little -he has potential claim for secondary SC and is thinking about it-but it appears that the limp is going away as they changed the meds he was on.

[Sgt eve]

Once the VA states that medical evidence supports that your disability is Permanent and Total,it still has to be in effect for ten years or more before they stop giving you C & Ps.

My award letter does not state "Permanent and Total" ? Where would I find this information? Thanks for your help.

[Berta]

If you are 100%-you can ask them to consider P & T at any time, based on your medical evidence.

In the decision to award you the 100% -they stated why they didnt- or should have said why they didnt award P & T.

It helps to get a medical statement that rebutts their rationale as to not giving the P & T status.

Also if a vet has applied for Voc Rehab and Voc Rehab determines their disability makes Voc Rehab unfeasible, this too can be used to suuport not only total disability but also P & T.

They shoudnt call a vet in after 10 years but they do- I need to correct what I said.

I got a local vet 100% and SMC in APril 1995 and the VA set him up for a C & P last year.

He called me in terrible distress- I know his complete medical pictire and helped both him and his wife prepare letters to the VARO requesting he not be given another C & P.

A few weeks later the RO sent him a letter stating he would never have to take a C & P exam again ever.

They can only drop P & T status or reduce comp froma C & P exam-due to medical proof of substantial improvement.

P & T is a medical determination and it is medical evidence that can support this status.

Edited May 17, 2007 by Berta

[Pete53]

First you have to be 100% before P&T comes up although you can be less but you have to have TDIU 100%. I wish that the VA just had 100% and kept it at that.

At least this is my understanding and furthermore I think that 100% that is not 100% in all aspects is a crock.

If medicine for a Service Connected Disability causes another one it can be rated.

[Ricky]

Any rating issued below 100 percent will not indicate P&T. As Berta stated they and and do sometimes will call you in for a reeval just to check you status. Even if they rate you as 100 percent P&T they can still reevaluate your disability. As full as their hands are now I would not expect such an action to be done. However, once and if they ever, get caught up they may just do so.

[Sgt eve]

Oh ok, yeah I'm not 100% so that's why it dosen't say anything about P & T. Thanks guys!