tdiu P&t Based On Tdiu

[dav_marine72]

Everyone ready for this LOL. So I get TDIU back to May of this year. They provide no verbiage as top whether I am P&T or temp, etc. So after talking with Berta and from what others have said I need to ask for P&T. This is of course so I can get CHAMPVA and DEA for my family. I even consulted my VA manual which states the same thing. Basically if they don't say P&T your not and you need to ask for it. Okay so I know what I need to do. Berta advises to look at the BVA and the U.S. court for decisions so I can slam this thing shut. Guess what? Every case that I found in 2009 and 2008 all were ruled the same way. It was Veterans asking for DEA or CHAMPVA. The BVA ruled everytime that when the Vet recieved TDIU they were considered to have a P&T disability hence they were entitled to DEA and CHAMPVA. So the way I see it you either ask for P&T or you apply for DEA and or CHAMPVA and let it go to the BVA on appeal and they rule in your favor. They basically stated that you would not have gotten TDIU without having a permanent disability that is expected to last the life of the Veteran. Another wonderful day in the life of a disabled Vet!!!!!!!!!!!!!!!!

[dav_marine72]

Hey Everyone,

You have to love the VA. I sat ariund alkl weekend freaking out that I got TDIU but not P&T like my SO said. Well guess what????????? I didn't get the same letter he did!!!!!!! I am P&T and now I can provide my family insurance and money for school.

I need a vacation. I'm 37 but I swear I have aged 20 years in my 10 year fight against the VA. Thank you everyone. Berta thanks for responding quickly as always.

[Pete53]

Congrats and thanks for the News. I did not know that but it makes sense.

[carlie]

dav,

Big Congrats to you.

Can you post links for us to BVA & Court Decision

that states this ?

carlie

[cowgirl]

Wow, how could your letters be different than your VSO? Were they both VA letters? or was one VSO produced?

Yes, do post the links and BVA decision when possible. Thank you!

I am so very happy for you young one! Yes, ten years is a long time to finally get whas due you and your family. Whew! Go play!

All the best ~

Cowgirl'2009! and family.

[navydoc2]

congrats on you win, am I reading correctly? It is implied by the BVA that you are P&T once you are granted TDIU, and all we have to do is ask for CHAMPVA AND DEA, and appeal to BVA.

[dav_marine72]

Hi Everyone,

I had the appointment day today and just got home. Now I feel like death but I guess I will take some pills and lay down. I will post links later when I feel better. However, yes it seems it is implied by the court that a Veteran is P&T just by virtue of getting TDIU. Now this is what I saw in the decisions so please someone check my work here. When a Veteran was asking for pension P&T that was different. Some won some didn't. All the disability TDIU ones I saw won. It does seem to make sense. I mean if its temporary which is the opposite of permanent I think LOL then you have to ask because they expect you to get better. Why would they give you TDIU if they thought you could work again? If this was the case give temporary TDIU.

38CFR 4.16 states a total disability rating may be assigned where a person who fails to meet the schedular rating percentage is, nevertheless, unable to secure a substantially gainful occupation.

Well I would say that meets the total piece. I guess it just leaves permanent. If it's a total disability rating and not a temporary disability rating it would seem to me the likelihood of improvement is low.

Now that I read the permanent and total section in the DEA benefits in the Veterans benefits manual it does not even mention TDIU. Just says if the Veteran is awarded 100% disability rating for a service connected disability without the additional finding of permanent and total, the Veteran may appeal the order to obtain a finding that is permanent and total.

I guess that means us TDIUs are special LOL. Total from the start right. More *ucked up language from the VA. I'll find more cases but I need to lay down I'm really hurting. Here is one though.

BVA Cases:

Citation Nr: 0909425

Decision Date: 03/13/09 Archive Date: 03/26/09

DOCKET NO. 06-21 595A ) DATE

In an August 2003 rating decision, the RO granted the

Veteran's claim for entitlement to a total disability rating

based on individual unemployability due to service-connected

disability (TDIU), effective from May 5, 1993. That decision

further awarded basic eligibility to DEA, also effective May

5, 1993. The RO provided notification of that decision on

October 3, 2003 to the Veteran, and which explained to the

Veteran that his dependents may be eligible for DEA and

enclosed an application for purpose of filing a DEA claim.