Berta Help - Got My Rating

[Mark]

Hi Berta,

I got my rating today from the VA. RThey rated my loss of vision from migraines as 30%. They granted it and rated based upon the Dr's reports and the evaluations - all conducted by the VA, but tthe Dr said it was permanent in nature but they did not grant me P&T. I was 100% before. They said no change in my status. I was already 100% scheduler so I am just adding another 30% rating. The letter states that the arting is based upon "impairment of field of vision is based upon objective testing" Goldman visual feild testing revealed your response, fixation and reliability good. Field finding of your left eye were not within normal limits as you were unable to see the fixation target without a red light at the time necessary for fixation and your vision was mapped at a concentric of 3 degrees centrally.

They go on to say that they have assigned a 30% disability based upon based upon unilateral visual field concentric contractions to 5degrees or less. Higher evals are assigned for more severe levels of impairment.

OK. hereis my question. 1) If the Dr says it is permananet in nature and it has been going on for 4 or 5 years why not grant me P&T? 2) if I have 3 percent vision or on my best day 5 why throw in the line about higher evals are reserved for worse vision loss?

What should I do file a NOD or a CUE?

Mark

[Jay Johnson]

Not really worth NODing in my opinion. P&T is a fairly subjective thing on the raters part. Though you may want to ask for P&T on your 100% claim, NODing the 30% claim won't get you much. These are different things entirely and just because one is permanent don’t mean the other will be. In other words, even if you got P&T on the vision thing it wouldn't cover your 100% and you don't really gain anything from the 30% in the first place. Also, you cannot NOD P&T for your total disability picture because you have no "new and material" evidence to reopen the 100% claim (unless I'm reading this wrong and you were just granted both the 100% AND the 30% in the same decision).

[wallyg]

There is no such thing as P&T WHEN YOU ARE ALREADY 100% SCHEDULAR.

P&T is when you are less than 100%, and gives you benefits as if you were 100%. in effect, you are already P&T with your 100% schedular. :)

[Mark]

I am 100% scheduler. The Dr told me that this would most likley push me over to 100 P&T. Then I would rate Chapter 35 benefits for my 3 kids ( 2 in 1st year of college and 1 going this summer, plus the rib would like to go eventually) Also, I have over 20 years of Migraine history, and it is not getting any better. The vision issue is forever as well. I am BLIND in one eye. What the heck does it take to get a P&T rating?

Mark

[Jay Johnson]

There is no such thing as P&T WHEN YOU ARE ALREADY 100% SCHEDULAR.

P&T is when you are less than 100%, and gives you benefits as if you were 100%. in effect, you are already P&T with your 100% schedular. :)

That is incorrect. P&T means no future examinations and qualifies you for Ch 35 benefits. You can be 100% and not be P&T, in fact, most are.

[Mark]

Jay,

Is it worth requesting P&T based upon the VA C&P exam stating stating that my condition is permananet in nature and it has been going on for 4 or 5 years and if so should 'nt that be enough to grant me me P&T? The rating is based upon my migraines that have a documented 20 year history.

Mark

[Jay Johnson]

Jay,

Is it worth requesting P&T based upon the VA C&P exam stating stating that my condition is permananet in nature and it has been going on for 4 or 5 years and if so should 'nt that be enough to grant me me P&T? The rating is based upon my migraines that have a documented 20 year history.

Mark

Well, part of what wally said was correct...there is no real such thing as P&T. Permanence can be given to any diagnosis that has been deemed chronic and static at any time. Total refers to one being "totally" disabled (IE - 100%). So, technically you already have the "T" in P&T, but you lack the "P". The problem with your claim is that you are assuming that if you get P&T (well "P" really) for your 30% claim that you will be permanent over-all....this is not true. The RO "could" grant you P&T over-all, but they would likely just make the 30% diagnosis permanent while keeping your 100% diagnosis as non-permanent. In other words, they are two different conditions that will be evaluated differently and just because one is permanent doesn't mean the other has to be. So, what really do you gain by getting permanence from the 30% rating? The part I am not sure of is whether or not permanence for a 30% rating would qualify you for Ch 35....my guess is that you require both permanence and total disability in order to qualify for Ch 35.

Again, the term P&T is used by vets as a means to understand a given designation, but the VA, to my knowledge, doesn't use it officially. When you are deemed P&T your award merely says "your condition is permanent in nature and no longer requires a future examination" (or something to that effect); it does not say you are officially “permanent and total”.

With that said, you can NOD and hope for the best. Perhaps the DRO will take a look at your "over-all" claim and grant P&T for the whole thing (and not just the 30% condition). Might be worth a try if you’re confident that they will not attempt to reduce your 100% (RO's are good at fishing trips to lower high ratings).