tdiu How Do I File For P & T

[Cherie33]

Hi all,

It's been a while since I corresponded here, but I have a question. I have had 3 seizures in the past 2 to 4 weeks, and I was actually hospitalized for a few days after my second seizure. The doctors believed that one of my (depression meds) was the cause. They took me off of it and started me on an anti-seizure medication. I have been TDIU effective June 2007 and I wanted to know if I should file for total and permanent. I can't drive and there are a few other things that I need help with. I have headaches, dizziness and nausea most of the time. I am still waiting on a Social Security Disability ALJ hearing. What should I do?

Thanks,

Cherie33

[Ricky]

Correct Carlie, It is not a claim but rather a request for a clarification. Most likely the request will be forwarded to the post determination team for the clarification. This skips the development process as well as the rating process. Its been my experience that most get the specific wording needed for the TD.

PG - what happens when the post determination guys make a mistake and generate such a letter with P&T wording?

Sure would hate to pay back all of that CH35 money along with the CHAMPVA money when one submits a new claim and the VA finds its mistake and calls a CUE.

The most appropriate way to gain P&T is to gather the required medical evidence and file for it. MDD and IBS are the type of disabilities the VA views as "may improve" ones. That is why the RATING decision did not provide a P&T status on the first go around.

[poolguy11550]

Clown Man- If one writes to the R/O seeking clarification of an award and the result is a letter with the PT writing, then how could the veteran be on the hook for the VBA clarification?

[jbasser]

You also have to look at the permanence of a disability.

The VA uses the word "STATIC".

This type of conduition is mentioned if a disability is so severe that it is not likely to improve.

J

[Ricky]

Clown Man- If one writes to the R/O seeking clarification of an award and the result is a letter with the PT writing, then how could the veteran be on the hook for the VBA clarification?

Using this theory, then how could a veteran be on the hook when VA claims a CUE and then recoups monies paid as a result of the CUE. Yes one can use the system to avoid recoupment and it should be a no brainer each time - but it ain't.

I understand where you are coming from but why not simply gather the required evidence and file for it properly instead of rolling the dice and hoping for some dummy on the post d team makes a mistake which could cause you much grief if they catch it at a latter date? Even if the vet wins against recoupment due to the fact it was a 'no fault" finding on the part of the veteran - just think of all the sleepless nights one will suffer cause you know the VA will take one to task even if they know that they, the VA, is wrong and will not win! This is done on a daily basis my friend.

All of this is just my honest opinion and I AM NOT SAYING YOU ARE WRONG!!!!!! So don't think I am attacking your opinion or you, I am simply stating my opinion - I still love ya!

[Cherie33]

Wow!

Ok, poolguy says write to the VA and ask for clarification of my Total and Permanent, and Clown Man says gather the required evidence. What evidence is that?

Also, I have been disabled since 1994 and each time I filed for an increase, I won. So, now I am 70% + IU and in the Independent Living Program whom have said that I will never be able to work again. My psych doctor also says the same thing.

I just need to know if I am clasified as P&T, so I can be eligible for my states additional benefits for Vets that are P&T.

Thanks all,

Cherie33

[carlie]

cherie,

You are not P&T until VA says you are

and they will in most cases send out Chapter 35 info

and say no future exams scheduled.

I would first try what poolguy posted and pay particular

attention to the way he worded it.

While that's in the works you can start preparing the way

Clown Man suggested. J posted a magic word for your

doctors or ILP to put "static".

carlie