Do You Think That I Can Get Permanent And Total Using:

[Cherie33]

I received a letter from Social Security stating "Notice of Attorney Advisor Decision - Fully Favorable" dated Aug 21, 2009. (Basically, I was awarded ssdi from Jan 1, 2006)

Does anyone think that I can use this as evidence of being Permanent and Total? I am already 70% + IU.

Thanks,

Cherie33

[Ricky]

Cherie - a permenate and total status is not something that is simply added. It must be presented in the same manner as any claim. By this I mean medical documentation. One of your posts indicate that your VA doc say you will "probably" never work again. The "probably" really needs to go away and they need to say that you are unable to seek and hold gainful employment.

I understand what you are saying about the SSDI letter but as has already been posted the VA is not bound by the SSA's decisions. However, I can almost assure you that in your case they will use it because it contains disabilities that you are not service connected for.

So the bottom line is that you ask your docs if they think you are unemployable and if so will the put it in writing along with their rationale as to why they think you are unemployable.

Ricky

[Cherie33]

Thanks Rick. I'll do that.

Cherie33

[john999]

Yes, the VA will hang your NSC conditions around your neck and claim that is the reason you can't work. They did it to me, and they only used four words of a sentence in my own doctor's report. It took another medical report to make it clear I was IU P&T soley due to my SC conditions.

[sixthscents]

Broncovet you make a VERY good point... so do the rest of you. Just follow this advice and treat the IU like any other injury claim. Show what makes you unemployable, and show how its service connected. The letter from the doc saying "probably" is good, but as stated "certainly" is better if you can get it.

Personally I think the VA should approve vets for IU if they qualify for SSD or vice-versa, but that would make too much sense.

Bob

[Teac]

Let me add my 2 cents worth to the rest of the many comments...

I agree that you must make darn sure the reason ss was awarded was for a service connected disability. However, in some cases just because SS finds you disabled, does not mean that the VA will find you totally disabled. Remember the VA rates in increments of 10, but under social security rules you either are disabled or you are not there is no middle ground. As a prior service officer, I have seen such cases denied, where the va thought that regardless of SS findings they would not grant total disability to a veteran because as they stated the veteran was rated properly under va rules.

Remember also, that a P&T status is the va's way of saying your condition will never inprove, but only your doctors know if this is the case or not, so it would be wise to request a statement from you care provider to the effect that it is unlikely that you would ever return to work. With out such a statement from a doctor, I am not sure the va could make such a determination.

As you know that once granted a P&T status, you will be awarded chapter 35 education benefits for your spouse and children, and if you are not retired from the military they also will be allowed medical care under ChampusVA, if you pay a premium.

Unless you have children, or a spouse it may not benefit you in the end to request a P&T status.

Also keep in mind, just because you are granted P&T does not mean the va can't do a relook later and find that you are no longer P&T. In fact if you know anything about the VA nothing is really Permanent even if the said it is.

Best of luck in what ever you decide.

[Cherie33]

Thank's to all of you. I want to apply for P&T because of the benefits that my state offers, as well as the Champus VA benefit. And I truly believe that I am P & T. I know nothing is ever p & T with the VA unless you've had that rating for more than 20 years. But, I'll be ready, simply because I truly am disabled.

Thanks for your help and as soon as I can speak with my doctors I will ask about a letter.

Cherie33