P&t Pernanent & Total Disability

[Charleese]

Hi,

I know that P&T stands for Permanent & Total Disability, but what does this really mean? Do you have to be rated at 100% to get P&T? Do you have to be unemploye to get P&T? Are there certain injuries that you have to have to get P&T. If your 100% do you have to request P&T or do they automatically give it to you?

Thanks in advance for your answers.

[Jay Johnson]

I know that P&T stands for Permanent & Total Disability, but what does this really mean?

P = Permanent

T = Total

I believe you can be permanent without being total; just as you can be total without being permanent. Basically, someone who is total means that they are completely disabled (IE - 100%). Someone who is permanent has a chronic condition in which there is no likelihood for improvement in the near future. Although ROs tend to grant this at varying times, the regs state that a permanently disabled vet should have a condition that has not improved for a period of 5, or more, years and that age is a factor.

Do you have to be rated at 100% to get P&T?

To be "T", (total), yes (either 100% or TDIU), but I'm not sure on permanence.....I've only seen permanent applied to folks with 100% ratings, but I'm not sure a reg states as much.

Do you have to be unemploye to get P&T?

Depends on the condition, but not in all cases. For instance, someone missing an arm and a leg can be rated at 100%, be P&T (obviously those appendages aren't going to grow back) and be employed making good money.

Are there certain injuries that you have to have to get P&T?

Nope. Either your condition is chronic and not likely to change, or it's not....either your condition is totally disabling, or it isn't.

If your 100% do you have to request P&T or do they automatically give it to you?

Either/or. Sometimes they offer it to you without asking and sometimes you have to fight for it.....if you believe your condition is permanent then request it.

[robert51]

Hi,

I know that P&T stands for Permanent & Total Disability, but what does this really mean? Do you have to be rated at 100% to get P&T? Do you have to be unemploye to get P&T? Are there certain injuries that you have to have to get P&T. If your 100% do you have to request P&T or do they automatically give it to you?

Thanks in advance for your answers.

no matter what rating they give you PT included they can and will call you in for another CP without warning anytime they want..

[john999]

The best way to protect your P&T status is to continue treatment and document your disability every chance you get. Continue to claim any secondary conditions you develop along the way. Don't get complacent. Most disability systems periodically try and shake loose people from the rolls. If we get another republican congress and administration one day this will probably happen to those who have stopped seeking treatment. Document, document and then document some more.

[Jay Johnson]

I don't really agree with that idea. Before we moved out here (and went through hell with this RO) the DE RO was in the process of archiving the wife's C-file despite JUST being found P&T several months earlier. It's kinda hard for an RO to make a surprise C&P without a C-file in my opinion.

Now, I'm speaking mostly to PTSD vets, as it the most subjective disease the VA encounters and is episodic in nature.....physcically disabled vets almost ALWAYS get worse with time....thus is the nature of aging, so there's little to lose. But, for PTSD vets, I strongly feel it's best to seek treatment outside of the VA system.

With that said, I do agree that PTSD vets should continue with some form of treatment in the civilian realm.....my wife still sees a psychiatrist for meds every month to every other month. She's given up on "therapy" though, as 99% of it is voodoo medicine at best, plus "therapy" only made her worse.

By the way, I really wish people would stop accepting surprise C&Ps when someone is P&T. It is illegal and wrong, but they do it because we just accept it as status quo. If you are P&T and they schedule a C&P for NO reason (no new material evidence), then fight the appointment........otherwise, what's the point of P&T?

[tssnave]

Jay,

Please post the regulation and where in the regulation you quoting when you state that the VA ordering a C&P exam after you're rated P&T is illegal. Thanks.

"By the way, I really wish people would stop accepting surprise C&Ps when someone is P&T. It is illegal and wrong, but they do it because we just accept it as status quo. If you are P&T and they schedule a C&P for NO reason (no new material evidence), then fight the appointment........otherwise, what's the point of P&T?"

Thanks,

ts

[theotherguy]

It's not illegal, just very poor practice in my opinion. There are so many regulations in place that protect static disability evaluations to begin with that tinkering with a P&T evaluation does not make sense. Although, I must say that in the years I have been helping veterans I have only seen this happen a couple of times outside of issues like presumptive cancers and other new disabilities which were added to claims after P&T status had already been determined. Just my experience though, and I'm sure others have seen different things from station to station.