ptsd Strategies For Perm And Total Status

[roivett]

Thanks to so many (Berta, T-bird, Cowgirl, Pete53, etc.). I read many posts and have benefited tremendously by your posts over the past few years. I’m still a little in shock that I went from 10% to TDIU and SSDI so fast (13 months). I’m making this a new post rather than attaching it to another. Here is what is happening now:

I just received VA notification that a request for “reconsideration” for increase and IU was granted (70% and IU status). “Entitlement to Dependent Educational Benefits not established”, thus I was not granted Permanent and Total (P&T). The notification I received was stamped “April 28, 2008 and came from the “brokered” site in Florida. I received the letter on Friday, May 2, 2008. I had a C&P in August 2007 that helped me get SSDI and IU. However, the prognosis stated “good, if the vet is able to get the help he needs”, thus most rater’s would see a possibility of some future improvement, which was exactly what was cited in the “Rating Decision”.

On Monday, 4/21/08 I went directly to the VA Regional Office and submitted a letter from the Director of the PTSD Program at the VAMC where I receive treatment. His letter specifically noted: “prognosis is poor, with little likelihood of significant improvement”. Unfortunately, the letter from 4/21/08 was not used in the recent decision and I felt it might have had significant weight regarding consideration for P&T. As Berta mentioned in another post, it is "in limbo". I am very happy with the 100% IU status but was hoping to get P&T to avoid the potential for future examinations and have my children eligible for Chapter 35 benefits.

My questions are: What strategy should I use to seek P&T? Does it look as if P&T is likely or should I ask for another letter that states “permanent and total”? Should I file another “reconsideration” at this time?

Thanks Again for your help,

Roivett

[jbasser]

Why was the letter not used in the decision?

Did they have it?

by all means, submit it ASAP.

This will help you.

J

[roivett]

Thanks jbasser,

Yes they have the letter but the rating team in Florida had the c-file when I submitted the letter to my DAV VSO in Alabama (4/21/08). He (VSO) told me the file was still in "development". Had I known it was already at the rater I would have asked that we fax it to the rating specialist ASAP. I received notice from DAV of decision on 4/25/08 (dated from Florida on 4/22/08). I called the 800 number on Monday (4/28/08) and was asked to fax the letter to them and they would forward to Post-Determination team. But alas, no mention of the letter in the formal decision from VA received on 5/2/08 (dated 4/28/08). I thought I recalled someone mentioning that I could send a request to the Director of the VARO asking that P&T be granted future appointments be cancelled.

Thanks, Roivett

[Pete53]

Congrats on your win. In my opinion since you have Social Security Disability you should be P&T by VA definition.

[john999]

Appeal the denial of Chapter 35 benefits. That is what I did when I was denied. I waited one year to get P&T status.