ptsd Procedure Question For Filing For P&t?

[10thFO]

Ok, I was awarded 80% with TDIU in October 2006 I think and they awarded the TDIU back to May of 2005. I just went through the PTSD 6 week program, and my SSDI lawyer sent a form for my doctor to fill out while I was inpatient, when I got it the Dr. presented that he had my severity and onset of the PTSD back to May of 2004. I am going to get SSDI as they are waiting on my Official Decree of adoption so they can get my sons benefits worked out. Plus I have two years of W-2's that they don't have on record so that will actually also increase my monthly benefit. Here's the question.

The last couple reports I have recieved from the VARO stating about my in patient stays at the VA have stated they are keeping my PTSD at 70% and will further review my claim at later dates, as there is a likelihood of improvement.

In the Dr.s letter to the SSDI lawyer, he stated that the disability was at the 70% bad level since May 2004, and didn't look like it would improve. I know that the VARO didn't get this paperwork as it was sent to Social Security, but that statement alone with my in patient for 6 weeks got me my SSDI. They were fighting me on it at first since i'm 38 and have a college degree. They were trying to put me back into management even though all of my records said I couldn't handle any stressful jobs or any stressful situations without regression and worse.

Do I just file for a new claim, and submit this evidence and ask for P&T since it has been more than one year I have been rated for PTSD, and actually been rated by a Dr. that saw me for 6 weeks inpatient as having this SC PTSD since May of 2004 as onset date. (actually was just when I finally dragged my arse to the VA for help and to figure out what was wrong with me). I have never been sure how to ask for P&T, but I would like to get it as soon as possible, so I can get on Medicare Part A & B, as I would like to have back surgery sometime in the next couple years, and am scared to let the VA do it, since they only are offering the fusion of 4 vertabrae. I'm looking for a newer alternative, that won't prevent me from having a better future alternative that may come along. Fusion rules out anything else in the future pretty much.

Also anyone aware that a 100% P&T may be eligible for Tricare for life? I didn't retire, but was told I would be eligible for it by a VSO from another state. He told me it's something they don't tell you about?

[john999]

I never heard of Tricare for Life for non-retiree vets. I don't think the VSO told you accurate information. Regarding P&T you handle it like it is a claim. Send in your request for P&T along with your evidence. They will probably review your VA medical records to see if their is improvement. I got it after one year of being IU. If you get SSDI that should help it along since most on SSDI stay on it. If you were denied Chapter 35 and it is still within one year of the rating you could ask for P&T as part of an appeal. Did you NOD the IU decision?

[10thFO]

John, no i didn't NOD the IU decision. I should have, but when the year date was coming and passing, in September, I was in the 6 week program for PTSD at the time, and quite frankly was dealing with enough other shit, to be worrying about the VARO. I regret that now, but I'll get it fixed here soon enough hopefully.

I should be getting my letter from SSDI this week or next week, as I already sent inthe info they requested on my adopted son for his finances. I will file the new form this week I suppose with the letter From SSDI when I recieve that, the letter/report from the VA Psych doc to the SS. Also the letter from June of 2006 turning me down for Voc Rehab because I was considered unemployable. Hopefully that will get it. I'm just looking for the P&T now. I should go ahead and file for increases to my legs and back as they are rated at like 10,20 and another 10% right now. I can't feel either leg now, MRI's show a worsening condition, I walk with a cane now, and am taking pain treatments, and all pain med have been doubled and tripled in the last year.

Curious as to thoughts on filing this now with the IU P&T? It could help me to get to 100% schdular, but I do want the P&T.

[stevedenesha]

Permanent and Total (P&T) isn't a rating; however, if you send in a request for P&T with new evidence such as social security, they will more than likely take a look to see if they can give you P&T. To receive 100% scheduler you will need a 100% rating on one disability or a total of about 230% to reach 100% on mulitiple disabilities.

Edited November 1, 2007 by stevedenesha

[john999]

When the VA gets the request they will also review your VA medical records to see if you condition is basically stable. It helps to have a letter from a doctor saying he believes you are permanently and totally disabled. You don't need new evidence but it helps I think. If you ask for it right away you can then send in evidence and keep the effective date. You have nothing to lose if you are IU.