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Permanent & Total


ODIE
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Hello everyone:

If you receive an award of 100% but not total & permanent can you then file for TDIU in the event that you cannot work. Without P&T dependents are not elegible for benefits. The reason for not being P&T is reexamination in the future

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  • HadIt.com Elder

You could do this, and your reasoning is why I say TDUI is a better rating if you never plan to resume any employment, I just think it is easier to get the P&T with.

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Hello everyone:

If you receive an award of 100% but not total & permanent can you then file for TDIU in the event that you cannot work. Without P&T dependents are not elegible for benefits. The reason for not being P&T is reexamination in the future

Schedular 100 % and TDIU are two different animals.

Just because a vet is granted a 100 % SC compensable amount

due to TDIU, does not automatically make TDIU Permanent & Total.

I would most likely (depending on the SC'd disabilities) stick with my 100 %

schedular and work on getting that granted P&T by going to outside doc's

for an IMO.

What are your SC'd disabilities ?

How long have you been receiving 100 % schedular compensation?

jmho,

carlie

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  • Moderator

Iu can be either P and T or not P and T also. I would be pressed to get P and T. on the upside, with IU one cannot work. If you are 100 percent schedular, you can still work.

One step to getting P and T is for the Vet to be awarded SSDI for Sc issues. That ties the VA's hands most of the time.

Good Luck

J

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  • HadIt.com Elder

If you are 100% schedular it is easier to get SMC such as Housebound. You want to work on getting P&T. Don't worry about TDIU. How many 100% vets work anyway.

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  • HadIt.com Elder

Odie:

Welcome to Hadit and I think that you have gotten good information but I am moving your post from test to claims as more will read it.

Good Luck

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  • HadIt.com Elder

You just need to send in a VA Form 21-4138 (Statement in Support of Claim) requesting that you be granted Permanent and Total/No Future Exams status. I would also send in a progress note, or a statement from your PCP relaying the fact that you are permanently and totally disabled from a medical standpoint. The VARO should acknowledge the new claim by sending you a VCAA Notice Response letter. Then they should send you to a C&P to have a examiner confirm the permanence of your disability(ies). Be aware, however, that this can and often does open the door for the VARO to look at all of your disabilities again, and it could result in you being scheduled for multiple C&P's, which could in turn lead to a proposal to reduce your compensation. It's always a double-edged sword with these guys.

I am actually going through this process right now, and this is the way it has worked in my case. I requested TDIU/P&T about two weeks ago and I have already been scheduled for the C&P and looked at the medical opinions that the VARO requested, and it was indeed to confirm my unemployability and the permanence of my disabilities.

One other thing to be aware of is that the C&P division typically does not actually use the words "Permanent and Total" in your decision letter. They use the phrase "No Future Exams Scheduled (or Required)." These two terms mean exactly the same thing, but it can and does cause problems when the vet tried to get ChampVA and DEA benefits. Those two divisions of the VBA want to actually see the term "P&T." You will need to write to the VARO and request they send you a letter with that EXACT phrase in it. I just learned this last night. For more information, go to vawatchdog.org and look at Jim Strickland's Mailbag from 11/6/08.

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