tdiu Tdiu Vs. Ui At 70%

[mountain tyme]

I read in one of Berta response to another topic..."If the disabilities begin to add up to 70% SC the VA will consider TDIU"

So what if someone has one condition that is rated at 70% alone. And the Veteran is receiving the 100% rate of compensation based on UI (unemployability). Could that Veteran then apply for TDIU for P/T?? I am confused on this part and I have been reading posts trying to figure it out.

my way of thinking is if a VEteran is rated at 70% (first time around) and then receives at the same time rate of compensation at 100% based on UI, isn't the VA conceding that the Veteran in unable to work? And if that said Veteran has not been able to work any job in the last 8 years due to the effects of there service connected disability could the Veteran apply for TUID for P/T.

I hope I explained my question clearly.

Thank You

MT

[Berta]

The VA wont pay both 100% comp and also TDIU comp-to the same vet-

TDIU is virtually the same premise as 100% -meaning due to SC disability the veteran is unable to work-

A veteran can ask for P & T at any point when they are TDIU or 100%-

I suggest they pull out their old award letter granting the TDIU or 100% and see what rationale the VA used to deny P & T at that time.

The circumstances they did not award P & T on-if they stated why in the award letter- could well have changed considerably and the vet should request P & T status in writing to the VARO.

I would sure think almost any vet with 100% or TDIU could certainly be granted P & T at some point unless the VA suddenly came up with a fantastic world shaking cure for their disability.

[Testvet]

depending the on the veterans age and medical condition the VA won;t award P&T hoping that the veterans "might" improve and then the VA can reduce the award and save Chapter 35 benies, CHAMPVA for dependents etc, they are usually called in every 2-3 years for re-exam after 8 years it wouldn't hurt just to ask them to make the award P&T. That after 8 years there has been no improvement and it is highly unlikely there ever will be. It would be better if he could get his treating doctor to make a comment like that in their treatment record mine did it annually for 3 years in my mental health chart, the VARO finally had to cave....medical documentation helps a lot too

[Jay Johnson]

I read in one of Berta response to another topic..."If the disabilities begin to add up to 70% SC the VA will consider TDIU"

So what if someone has one condition that is rated at 70% alone. And the Veteran is receiving the 100% rate of compensation based on UI (unemployability). Could that Veteran then apply for TDIU for P/T?? I am confused on this part and I have been reading posts trying to figure it out.

my way of thinking is if a VEteran is rated at 70% (first time around) and then receives at the same time rate of compensation at 100% based on UI, isn't the VA conceding that the Veteran in unable to work? And if that said Veteran has not been able to work any job in the last 8 years due to the effects of there service connected disability could the Veteran apply for TUID for P/T.

I hope I explained my question clearly.

Thank You

MT

I think you are confusing terms. "UI" is TDIU, so you already have 100% TDIU...you can ask for P&T so there are no future exams, but the award amount would not change.

[john999]

If you have been TDIU for eight years you should apply for P&T status. Depending on your state you may get extra benefits as being P&T pluc chapter 35 benefits.

[mountain tyme]

Good Morning...

John you brought up a point...

""john999 Posted Yesterday, 07:30 PM

If you have been TDIU for eight years you should apply for P&T status. Depending on your state you may get extra benefits as being P&T pluc chapter 35 benefits. """

Even though the Veteran has not been on TDIU for more then 6 months would the VA consider that since the VEt has been on SSD for 7 years and the SSD is based on part due to the SC disability (yet at the time that the award for SSd was gramted The Veteran did not realize that the conditions they were granted SSD for arised from there militay service)could the Veteran apply for P/T stating that thier condition was diagnoised 7 years ago with no improvent if anything the condition has progressed.

thank you for your time

MT

[Jay Johnson]

Good Morning...

John you brought up a point...

""john999 Posted Yesterday, 07:30 PM

If you have been TDIU for eight years you should apply for P&T status. Depending on your state you may get extra benefits as being P&T pluc chapter 35 benefits. """

Even though the Veteran has not been on TDIU for more then 6 months would the VA consider that since the VEt has been on SSD for 7 years and the SSD is based on part due to the SC disability (yet at the time that the award for SSd was gramted The Veteran did not realize that the conditions they were granted SSD for arised from there militay service)could the Veteran apply for P/T stating that thier condition was diagnoised 7 years ago with no improvent if anything the condition has progressed.

thank you for your time

MT

P&T is not based on the length of one's disability; rather, it's based on the prognosis. Having a disability for more time merely increases the chances that you will get a prognosis that says your condition is unlikely to improve.

So, don't worry about how long you have been 100% TDIU, nor how long you have had SSD; the VA will ultimately make its decision based on whether or not your condition is likely to improve.

My wife got P&T on her first C&P (after they initially found her 100% when leaving the AF), which was just 2.5 years after she was diagnosed with PTSD. So, P&T is based more on the likelihood of improvement than anything else; age and time are just added bonuses.

P.S. - My wife was 26 at the time they found her P&T!

Edited August 24, 2007 by Jay Johnson