tdiu What Is Needed To Be Awarded P & T?

[Cherie33]

Hi All,

I was recently awarded TDIU and received the offical VA Award letter. The award letter stated that in Approximately 22 months from now or April 2010 the VA will review the symptoms and severity of my recurrent major depression with psychotic features.

So, what makes me eligible to be awarded P & T? What do I need to do at this point?

Also, do I need to be P & T to be able to shop on the base?

Thanks,

Cherie33

[Cherie33]

In layman terms....

in order to be considered T/P you need to show that it is unlikely that your condition will change.

Apparently the va rated thinks you condition can get better in the future.. so it was decided not to grant T/P at the time of the rating,

Usually the va will have decided when they are going to do the future exam, at the same time they make the decison to grant you TDIU , and not make it T/P.

So, if I can prove that my condition is not likely to improve in the future, then I can file a NOD? Perhaps I should get a IMO?

What do you all think?

Cherie33

[mountain tyme]

cherie33...you could ask your therapist to write out a letter outlining why the prognosis of your condition is not likly to improve to the point that you would be able to substain substantial employment anytime in the near future. But, by what you have posted "The award letter stated that in Approximately 22 months from now or April 2010 the VA will review the symptoms and severity of my recurrent major depression with psychotic features."...the VA is hoping that through treatment you will be able to once again work...I was told once that when the VA makes a decision whether or not an individual is P/T or TDUI they take in consideration how long it has been since the individual was able to maintain some kind of employment and what % did the SC disabilty play in the outcome of why you were not able to keep a job. The VA will not take in consideration any condition that is not SC...as to why an individual is no longer able to work.

It would also be helpful if you could have a letter from vo-rehab stating that due to your mh disablity that you are not a canidate for vo-rehab....that also would support your letter from your doctor. just some thoughts on the matter

mt

[stillhere]

Cherie, I thought I read back in one of your other post that he was recommending you file for SSD as soon as you can. Then if you get that approved send it to the VA and they usually follow suit. Someone will correct me if I am wrong but I think that is how it woeks.

Stillhere

[jbasser]

That isusually how it works. The only negative I see is if the disabilities that award SSDI are not service connected.

[carlie]

cherie,

§ 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) (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.

© Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference: Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

[Cherie33]

Hey there Mountain Tyme,

Let's see, I have been disabled since 1994 and my disabilities have gotten worse over time. I started with 10% up to 100% TDIU.

It has been 5 years since I have worked and I went to college throught the Vocah Rehab program and counldn't continue because of my service-connected disabilities. My Voch Rehab counselor put me in the Independent Living program and wrote a letter stating that I am basically unemployable at this time because of my disabilities. I believe they said preparing me for work is not feasible at this time.

This letter was submitted with my initial claim. As a matter of fact, they retro back to the date of the Vocah Rehab letter.

My attorney's filed for SSD on my behalf. But you know that could take a longer time then 1 year. We only have 1 year to file a NOD.

Carlie,

What does all that mean?

Thanks,

Cherie