I Need Opinions!

[JAB]

Hello, I'm new here so please forgive me if I'm posting this in the wrong place.

I am trying to find out if I can be rated "permanent and totally disabled" in order to qualify for County property tax exemptions. I currently receive 100% compensation from the VA for a 1151 claim and an added amount for being homebound. I'm also receiving SS disability. Before the 1151 claim, I was 30% service-connected for an unrelated illness.

I've been told that the 1151 isn't considered service-connected, so I can't be rated P&T, as required for the exemption. In my research, I've read online that a 100% disabled Veteran who is also unable to work shall be determined to be totally disabled and that after a period of time can be presumed to be permenently disabled, but the text wasn't from the US Code or my State Code.

If anyone has any knowledge about this, please comment and tell me if I'm spinning my wheels or point me in the right direction if it can be done.

Thank you,

JAB

[Berta]

This all goes to show veterans- dont allow the VA to cause you disability or cause your death-

if you think your med care at VA is inappropriate-go to a real doctor-

CHAMPVA told me -when they apologised for my problem (it wasnt their fault) they said "Mrs Simmons you would be surprised at how many widows are absolutley shocked to find they have a Sec 1151 DIC award but no CHAMPVA and no educational benefits.Sometimes they even begin to cry."

All any widow (I saw a widowers claim too who tried to fight something like this) can do is try to prove the vet was SC 100% P & T and that the SC caused or contributed to his or her death.

I wonder how many even try to do that- the DAV told me at first I didnt even have any claims when Rod died- he failed to rell me I could re-open them.I knew better -how many widows or widowers of vets know that.

[JAB]

All any widow can do is try to prove the vet was SC 100% P & T and that the SC caused or contributed to his or her death.

I don't know how many Vets read these posts but if there's anyone that knows of a 1151 claimant that has been granted the ellusive "service-connected, permanent and totally disabled" status, please post the info, internet links or email me privately. If I could discover a predecent of this happening, I believe it would help my effort greatly.

OTOH, if anyone knows for a fact that this CAN'T be accomplished, please let me know and I might have to put this thing to rest and forget about it.

Jab

[Berta]

Only if the vet can succeed in a direct service connection claim that is 100% direct SC P & T.

[entropent]

I don't know how many Vets read these posts but if there's anyone that knows of a 1151 claimant that has been granted the ellusive "service-connected, permanent and totally disabled" status, please post the info, internet links or email me privately. If I could discover a predecent of this happening, I believe it would help my effort greatly.

OTOH, if anyone knows for a fact that this CAN'T be accomplished, please let me know and I might have to put this thing to rest and forget about it.

Jab

i do not believe you are entitled to chapter 35 benefits with 100 percent under 1151. this is typically what is meant by "permanent and total." however, i do believe you should be entitled to a letter stating you have a 100 percent permanent disability provided that you have no future examination scheduled. that said, it may not be particularly easy to get. the VSR is responsible for issuing the letter, and when you specifically ask for a finding of permanent and total, will send the file to the rater, who will then deny chapter 35. so you need to be pretty specific in your request. state specifically that you want a disability letter based on being 100 percent and having no future examination. specifically and clearly indicate you are NOT applying for chapter 35. if you have a VSO, you may want to enlist their help.