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.

[calnight]

IF YOU ARE P&T FOR PTSD YOU BETTER KEEP UP ON YOUR TREATMENT. KEEP GETTING YOUR MEDS EVEN IF YOU DONT TAKE THEM. KEEP SEEING YOUR DOC. THE VA IS GOING TO LOOK TO CUT MONEY SOMEWERE. AND PTSD IS THE EASIEST TO PURSUE SO IF ONE DAY THEY DO A REVIEW AND THEY SEE YOU ARE NOT GETTING TREATMENT OR HAVE NOT SEEN A DOCTOR FOR AWHILE I CAN BET THEY WILL BE CALLING YOU BACK IN FOR A REVIEW. SEE YOUR DOC ALEAST ONCE EVERY 3 MONTHS AND KEEP UP ON YOUR MEDS. AND KEEP COPYS AND GET COPYS EVERY TIME YOU SEE YOUR SHRINK. I AGREE THAT SEEING MY SHRINK DOES NOTHING TO HELP MY PTSD BUT THE VA DOES NOT CARE WHAT I THINK. ALSO IF YOU ARE ON SSD OR SSI YOU WILL HAVE A REVIEW OF YOUR CASE AND YOU BETTER HAVE SOME DOCTOR PROGESS NOTES. DONT EVER THINK JUST BECUASE YOU HAVE P&T THEY ARE NEVER GOING TO CALL YOU BACK. YOU BETTER BE READY AND HAVE ALL YOUR DUCKS IN LINE. YOU FOUGHT HARD TO WIN YOUR CLAIM NOW YOU MUST FIGHT TO KEEP IT. NEVER, NEVER, NEVER, TRUST THE VA TO DO THE RIGHT THING. BE PREPARED.

[Jay Johnson]

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.

Thanks,

ts

Says so in 3.327 and it has be said numerous times by the BVA, CAVC and was recently said to congress by the VA's top brass. On top of that, it just doesn't make ANY sense. Perhaps one can argue that the VA has been too liberal with the designation, but that should mean they should become more strict about handing it out; not going around the law because they think they screwed up.

Permanent means permanent...it doesn't mean kinda permanent or sorta permanent. If you don't offer them ANY reason to look at your file (IE - some form of new and material evidence) they have NO right to reopen your claim. But, they've gotten away with it in the past and SOs don't seem to object to it when they do....what I hear most is, "well, what do you have to hide", which completely misses the point.

Calnight,

One can argue that the medical record you've compiled is what can lead to them reopening your P&T case. If you have ONE good day, the RO can use that as justification for "new and material evidence" regardless of the overall disability picture....it is a way out of the regulations that they can use to protect themselves in ordering a C&P.

If you are seeing a civilian psychiatrist and they try to order a C&P, first fight the appointment, then send in an eval from your civilian doc if you're pressed. The laws are VERY clear on lowering 100% and P&T cases.....they need a lot of evidence to get away with it (not saying they wont try though).

Edited May 24, 2007 by Jay Johnson (see edit history)

[tdak]

I am not one to get in the middle of things, but I read and reread the reg for reexaminiations. Here it is:

§3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA’s authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated. (Authority: 38 U.S.C. 501(a))

(b) Compensation cases:

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled:

(i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

I can see where Jay is correct, I would think permanent is permanent, but at the same time the VA covers their own hides by adding this statement in the beginning of the reg. "but shall not be construed as limiting VA’s authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated."

at least thats the way I understand it. It's like a job description in a way where they state the job requirements, but add the words "but not limited to" just in case they have you do something outside of your normal requirements.

[calnight]

I DONT CARE WHAT THE REGS SAY THE VA DOES WHAT THEY WANT AND IS ALWAYS BENDING THERE RULES. IT IS A CONSTANT BATTLE AND SOME THINK JUST BECUASE YOU GOT P&T THAT THE VA IS NEVER GOING TO BOTHER YOU AGIAN. WAKE UP. THE COST OF VA COMP IS SKY ROCKETING AND MAYBE NOT TODAY BUT IN THE FUTURE THE GOVERMENT IS GOING TO WANT TO LOOK AND SEE IF THE PEOPLE RECIEVING BENIFITS TRULY DESERVE THEM. AND WHEN SOCIAL SECRITY HITS ROCK BOTTOM I CAN BET THE FOCUS WILL TURN TO VA COMP. SO ALL I AM SAYING IS IS BE PREPARED AND I WOULD RATHER HAVE CURRENT DOC NOTES THEN NONE AT ALL. AND IF YOU HAVE NO PROGRESS REPORTS FROM YOUR SHRINK I WILL BET THAT YOU WILL LOOSE YOUR SSD OR SSI. ( I AM TALKING ABOUT US WITH MENTALL DISORDERS )I CAN NOT SPEAK ABOUT PHYSICAL DISORDERS. PEOPLE WITH MENTALL DISORDERS IN SOME EYES ARE NOT DISABLED. I HAVE STORY TO TELL,

THIS HAPPENED TODAY, I LIVE IN CALIFORNIA AND IN CALIFORNIA IF YOU ARE 100% OR I.U. ONE OF THE BENIFITS IS YOU GET FREE CAR REGISTRATION. ( IT IS EXPENSIVE IN CALI EVERTHYTHING IS.) SO I TAKE MY AWARD LETTER TO THE DMV. AND I HAVE MY 2 YEAR OLD DAUGHTER WITH ME. I GIVE IT TO DMV CLERK AND SAY I WOULD LIKE MY CAR REG WAIVED. SHE LOOKS AT THE PAPERWORK AND SAYS GET THIS, " YOU DONT LOOK DISABLED". IT WAS ON, I SAID " WHO ARE YOU ARE YOU A DOCTOR LET ME TALK TO A MANAGER." SHE SAYS, " I AM THE MANAGER" AND YOU HAVE TO PHYISICALLY DISABLED." I SAID BULLSHIT IT SAYS NOTHING IN THE REGS ABOUT MENTALL OR PHYSICALL. SO SHE SAYS NO AND IF IT WERENT FOR MY KID I WOULD HAVE HURT THAT LADY. I STARTED SHAKING AND HAD TO LEAVE FAST. I GUESS I FELT A LITTLE LIKE THE GUYS FROM NAM FELT WHEN THEY CAME HOME. THAT IS F@CK YOU JUST LEAVE WAS THE FEELING I GOT. I TOLD HER JUST BECUSE I CAN WALK AND HAVE MY ARMS DOES NOT MEAN THAT I AM NOT DISABLED. SO I CAME HOME AND CALLED MY STATE REP AND TOLD THEM WHAT HAPPENED AND THEY SAID TO FAX THE PAPER WORK TOP THEM AND THEY WOULD LOOK INTO IT. SO HAS SOON AS MY KID WAKES UP I WILL AND I WILL KEEP YOU POSTED ON WHAT HAPPENS. AND HAS FAR AS THE MANAGER I AM NOT DONE WITH HER. I CALLED DMV HEADQUTERS AND LAUNCHED A FORMEL COMPLAINT.

[Jay Johnson]

I can see where Jay is correct, I would think permanent is permanent, but at the same time the VA covers their own hides by adding this statement in the beginning of the reg. "but shall not be construed as limiting VA’s authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated."

at least thats the way I understand it. It's like a job description in a way where they state the job requirements, but add the words "but not limited to" just in case they have you do something outside of your normal requirements.

This is true and I think this is whythe VA is TRYING to get away with these P&T C&Ps, but that's not what the exemption is for. The VA can order someone who is P&T back for an exam if A) They get new and material evidence, or :( There is reason to believe the P&T rating falls under clear and unmistakeable error. It does not, however, give broad discretion to the RO to order a C&P whenever they feel like it, because that would be going against existing evidence and medical opinion (which stated that the condition is permanent in nature).

501(a) basically says that the VA has the authority to collect evidence needed to carry out VA law and establish benefits under said laws. It doesn't give the VA the right to supersede existing laws in order to go on a fishing expedition. If the VA has some evidence that puts the P&T into question then they have complete authority to look intothe matter, but fishing for a reason to lower someone goes against medical opinion and the raters to do not have authority to supersede medical doctrine and established opinions.

There's also other regs that blur into 3.327 like finality of decisions, which states that one RO cannot supersede another RO based on opinion, nor can one rater supersede another raters opinion because he/she feels the claim is too high (without CUE).

In short, veteran's ratings are more protected then we think and the regs are clearly on our side, but the SOs, and many veterans, let the VA trounce all over those regs without penalty, which is the true reason why so many vets have a horrible time dealing with the VA.

[Jay Johnson]

I DONT CARE WHAT THE REGS SAY THE VA DOES WHAT THEY WANT AND IS ALWAYS BENDING THERE RULES. IT IS A CONSTANT BATTLE AND SOME THINK JUST BECUASE YOU GOT P&T THAT THE VA IS NEVER GOING TO BOTHER YOU AGIAN. WAKE UP. THE COST OF VA COMP IS SKY ROCKETING AND MAYBE NOT TODAY BUT IN THE FUTURE THE GOVERMENT IS GOING TO WANT TO LOOK AND SEE IF THE PEOPLE RECIEVING BENIFITS TRULY DESERVE THEM. AND WHEN SOCIAL SECRITY HITS ROCK BOTTOM I CAN BET THE FOCUS WILL TURN TO VA COMP. SO ALL I AM SAYING IS IS BE PREPARED AND I WOULD RATHER HAVE CURRENT DOC NOTES THEN NONE AT ALL. AND IF YOU HAVE NO PROGRESS REPORTS FROM YOUR SHRINK I WILL BET THAT YOU WILL LOOSE YOUR SSD OR SSI. ( I AM TALKING ABOUT US WITH MENTALL DISORDERS )I CAN NOT SPEAK ABOUT PHYSICAL DISORDERS. PEOPLE WITH MENTALL DISORDERS IN SOME EYES ARE NOT DISABLED. I HAVE STORY TO TELL,

THIS HAPPENED TODAY, I LIVE IN CALIFORNIA AND IN CALIFORNIA IF YOU ARE 100% OR I.U. ONE OF THE BENIFITS IS YOU GET FREE CAR REGISTRATION. ( IT IS EXPENSIVE IN CALI EVERTHYTHING IS.) SO I TAKE MY AWARD LETTER TO THE DMV. AND I HAVE MY 2 YEAR OLD DAUGHTER WITH ME. I GIVE IT TO DMV CLERK AND SAY I WOULD LIKE MY CAR REG WAIVED. SHE LOOKS AT THE PAPERWORK AND SAYS GET THIS, " YOU DONT LOOK DISABLED". IT WAS ON, I SAID " WHO ARE YOU ARE YOU A DOCTOR LET ME TALK TO A MANAGER." SHE SAYS, " I AM THE MANAGER" AND YOU HAVE TO PHYISICALLY DISABLED." I SAID BULLSHIT IT SAYS NOTHING IN THE REGS ABOUT MENTALL OR PHYSICALL. SO SHE SAYS NO AND IF IT WERENT FOR MY KID I WOULD HAVE HURT THAT LADY. I STARTED SHAKING AND HAD TO LEAVE FAST. I GUESS I FELT A LITTLE LIKE THE GUYS FROM NAM FELT WHEN THEY CAME HOME. THAT IS F@CK YOU JUST LEAVE WAS THE FEELING I GOT. I TOLD HER JUST BECUSE I CAN WALK AND HAVE MY ARMS DOES NOT MEAN THAT I AM NOT DISABLED. SO I CAME HOME AND CALLED MY STATE REP AND TOLD THEM WHAT HAPPENED AND THEY SAID TO FAX THE PAPER WORK TOP THEM AND THEY WOULD LOOK INTO IT. SO HAS SOON AS MY KID WAKES UP I WILL AND I WILL KEEP YOU POSTED ON WHAT HAPPENS. AND HAS FAR AS THE MANAGER I AM NOT DONE WITH HER. I CALLED DMV HEADQUTERS AND LAUNCHED A FORMEL COMPLAINT.

I'm not disagreeing with you on the fact that PTSD vets need to continue documenting care (if only for meds), but where we differ is in where that care should come from. I have FAR more control over my wife's civilian psychiatrist than I would a VA psychiatrist and I don't have to worry about some small note stating that "the patient seems to be improved today" that the VA can take out of context and use against her. In essence, a civilian doctor gives US control over what the VA can and can't see AND it stops the RO from going on fishing expeditions whenever they feel like it based on some VA doctor's notes.

As for your car registration - In WA we were able to get vet tags by simply mailing off a copy of her DD214 to the state DMV's veteran's office. It was fairly simple and painless and we didn't even have to go into a DMV to get it (was done all by mail). Perhaps you should check the CA DMV website and see if there's a similar program.

Also, what the DMV did to you may fall under the American's With Disabilities Act and you could have a possible lawsuite on your hands....may be worth looking into.

[calnight]

JAY,

I AGREE WITH YOU I ONLY MENT TO SAY IS YOU MUST CONTUNIE YOUR CARE AND YES A PRIVATE DOCTOR IS WAY BETTER THEN THE VA. BUT FOR ME I ONLY HAVE THE VA NO PRIVATE INSURANCE. IF I HAD A CHOICE I WOULD GO TO A PRIVATE DOCTOR ALSO. I GUESS WHAT IT COMES DOWN TO IS KEEP UP YOUR DOCTOR APPT. EVEN IF YOU ARE P&T.

[john999]

Jim

Your rating is protected after 20 years from being reduced except by fraud. If you are IU you must realize that you can't ever go back to work even if you are P&T. If you were rated 80% IU 20 years ago the VA cannot reduce your 80% rating except for fraud. They could reduce the IU if you went back to work making more than poverty level work. If it was me I would not earn one dime ever after getting IU no matter how long it had been. I don't think you have anything to worry about as long as you don't go back to work, and never tell the VA you are feeling better.

[john999]

If you are rated IU for PTSD the only way they can take it away is if you have material improvement in your condition while maintaining or actively seeking gainfule employment. What is the chance of that for most of us? After 5 years and age 55 it becomes even harder. Unless the congress changes the meaning of IU I don't think we have much to worry about. If you are rated 100% for PTSD then apply for housebound. Now you have a 100% disabled vet who is housebound. Hard to reduce and what justification would there be to reduce a person who can't leave their home?

[Jay Johnson]

If you are rated IU for PTSD the only way they can take it away is if you have material improvement in your condition while maintaining or actively seeking gainfule employment. What is the chance of that for most of us? After 5 years and age 55 it becomes even harder. Unless the congress changes the meaning of IU I don't think we have much to worry about. If you are rated 100% for PTSD then apply for housebound. Now you have a 100% disabled vet who is housebound. Hard to reduce and what justification would there be to reduce a person who can't leave their home?

Very true john...one would think:-) But they did "attempt" to lower the wife just several months after getting 100% P&T WITH A&A all for PTSD alone. Believe me, I used every reg in the book that you mentioned above to get back the 100% P&T, but only got housebound back rather than A&A (Lost the will to fight mostly).

The disconnect seems to be that the RO ignores many of those regulations when making decisions (especially PTSD decisions), yet I think the BVA is more likely to uphold VA law. As I've said many times here, we need to hold the ROs accountable then they pull this nonsense, or they'll keep doing it and drawing claims out needlessly.

Jim,

The regs for finality of decisions is under 3.104 and 3.105. Basically, they just say that any decision is to be considered final and binding on all ROs unless there's clear and unmistakable error. Differences in opinion must be remanded to the "central office" for approval....an RO cannot simply disagree with itself, or a different RO, without getting authorization before hand (which I've never heard of).

As for 20yr+ protection - John summed it up nicely. If you have a rating for 20+ years they cannot reduce it unless you obtained said rating under fraudulent circumstances (very difficult to prove) or you, in essence, say you're all better and don't want the money. However, as John stated, IU is ONLY for someone who is unemployed, so if that status has changed they can reevaluate the designation.

[theotherguy]

Jim,

38 CFR 3.951(:( A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

38 CFR 3.104(a) A decision of a duly constituted rating agency or other agency of original jurisdiction shall be final and binding on all field offices of the Department of Veterans Affairs as to conclusions based on the evidence on file at the time VA issues written notification in accordance with 38 U.S.C. 5104. A final and binding agency decision shall not be subject to revision on the same factual basis except by duly constituted appellate authorities or except as provided in §3.105 and §3.2600 of this part.

( Current determinations of line of duty, character of discharge, relationship, dependency, domestic relations questions, homicide, and findings of fact of death or presumptions of death made in accordance with existing instructions, and by application of the same criteria and based on the same facts, by either an Adjudication activity or an Insurance activity are binding one upon the other in the absence of clear and unmistakable error.

I believe what Jay is trying to say is that they should not be actively seeking additional medical evidence (such as with future examinations) once permanency is established based on the disabilities of record and percentages established at the time of the decision which determined entitlement to P&T status. It is incredibly poor practice to assign P&T status when they view a certain condition which was the basis of establishing permanency as having likelihood of improvement.

I think Jay's assessment is very good and I would also add that your POA should immediately identify whether or not you have a future examination diary once permanency has been established. He/she should ask the VA why this is happening to "head them off at the pass" so to speak. All they have to do is get that diary cancelled and the future examination goes bye bye.

Having said that, I can understand why they would re-examine additional conditions like cancer or other disabilities which are likely to improve when permanency has been established for say PTSD since there is potential impact on the level of SMC entitlement.

Example of one I have seen recently:

The veteran is 70% for PTSD and has been receiving IU for six plus years. He files a new claim for s/c prostate cancer based on his service in Vietnam and is awarded 100% based on having the active cancer. During this time, he is receiving a statutory award of SMC based on housebound status for having a single 100% with an additional disability (PTSD) rated higher than 60%. He eventually had a radical retropubic prostatectomy and he was later determined to be cancer free. The rating criteria required them to complete a future exam for the prostate cancer and I believe they later rated his residuals at 40% and gave him a "k" for loss of use. There was a change in his compensation though since he was no longer entitled to the housebound rate of SMC. This is just a n example of the ones I have seen have future exams when permanency had already been established.

Just my 2 cents worth

[Charleese]

Hi everyone,

I am totally confused by your answers to my questions. All I want to know do you have to be 100% to get P&T and does P&T mean you have to be unemployed?

Please just answer does to questions for me.

Thanks!

[Berta]

Yes and yes-

in 99.9 % of all VA cases.

I always add this point because obviously Max Clelland certainly could have claimed 100% P & T as well as Lewis Puller-

as they could surely have been found unemployable.

But Max Clelland became the secretary of the VA-with

Catastrophic disabilities ---it took him 2 hours to get dressed for work every morning and Lewis- Chesty's son-

with major PTSD and also devastating war wounds -became an attorney for VACO.

Some time ago there was discussion here due to an article at Watchdog on a 100% vet who also was employed full time as a service rep.

I dont recall if he was P & T or 100 % schedular or what his SC was based on.

The article stated how and why he was able to work with 100% SC disabilities.

Both P & T and especially unemployability are dependent on medical evidence and a clear medical statement in which the doc states the vet is unemployable due to their service connected disabilities.

It depends on medical evidence Charleese because each case is often unique.

I think of Steven Hawking sometimes- re this issue-

He isnt a vet, he is one of the foremost scientist of this century.

Confined to a wheelchair and needing constant attendance- he suffers from ALS and is even unable to speak at this point only via a computer on which he develops and explains quantum and universe theory by the movement of his eyes.

He works every day.

Certainly a doctor could deem him as a 100% P & T person-(not a vet) but still-

Dr. Hawking is not unemployable because he does work.

I think he is still paid on a fellowship or something and for articles he does.

It all depends on the specific medical evidence- as to both P & T and also as to unemployability.

The VA makes a statement with 100% awards as to why they did or did not consider P & T in most cases.

[Charleese]

Hi GuaymasJim,

Can you tell me what does AO exam mean. We saw this written several times on my husband's VA Medical Records but we do not know what AO stands for.

Thanks!