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]

LOL looks like everyone worked hard today I think the bottom line is that if your TDIU letter doesn't say P&T you either need to have it clarified in writing by the RO or appeal for the benefits. I am interested since I am have only received a TDIU decision that said P&T, what did others decisions say that didn't have the language? My explanation didn't say anything about no further exams or being temp in nature. I mean I have 11 service connections and my back which is the worst has been progressively going down hill for 13 years. I just think anyone who can't work because of service connections rates DEA and CHAMPVA. If the Veteran could work chances are great they would be carrying insurance and putting money away for their kids college. Anyway the queries don't lie. There have been many decisions over the last few years where the BVA equated TDIU and P&T. Hell this is the same court that didn't want to give me more than 20% for my back. I'd apply if I wasn't P&T. You can't end up any worse off than you are today.

[dav_marine72]

More BVA Cases:

Citation Nr: 0829857

Decision Date: 09/03/08 Archive Date: 09/10/08

DOCKET NO. 01-08 086 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Montgomery,

Alabama

This case also comes to the Board on appeal from an April

2001 rating decision which granted a TDIU rating, effective

June 20, 1997, and established basic eligibility for DEA

benefits. The veteran also appealed for earlier effective

dates. A personal hearing was held before the undersigned

Veterans Law Judge at the RO (i.e., a Travel Board hearing)

in December 2002. A copy of the hearing transcript is of

record and has been reviewed.

Citation Nr: 0604961

Decision Date: 02/22/06 Archive Date: 03/01/06

DOCKET NO. 02-05 066A ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in No. Little

Rock, Arkansas

This matter comes before the Board of Veterans' Appeals

(Board) on appeal of a September 2001 rating decision issued

in October 2001 by the Department of Veterans Affairs (VA)

Regional Office (RO) in Little Rock, Arkansas. This

decision, implementing a June 2001 Board decision, granted a

50 percent rating for migraine headaches, a TDIU, and basic

eligibility to DEA benefits effective from July 11, 1989, the

date of receipt of a claim for an increased evaluation. In a

February 2002 rating decision, the RO confirmed all of the

effective dates as July 11, 1989.

Citation Nr: 0701476

Decision Date: 01/18/07 Archive Date: 01/25/07

DOCKET NO. 04-09 252 ) DATE

)

)

On appeal from the

Department of Veterans Affairs (VA) Regional Office (RO) in

San Juan, the Commonwealth of Puerto Rico

II. Analysis

Basic eligibility for Chapter 35 Dependents' Educational

Assistance (DEA) benefits is established for a claimant in

one of several ways, including status as the child of a

veteran who has a total and permanent disability rating from

service-connected disability (TDIU). See 38 U.S.C.A. §

3501(a)(1)(A) (West 2002); 38 C.F.R. §§ 21.3020, 21.3021

(2006).

In May 1998, the RO granted a TDIU, effective October 1997.

DEA was not established at the time because permanency of the

veteran's service-connected disabilities had not been

demonstrated. The veteran filed a notice of disagreement in

June 1998, contending that an earlier effective date for the

grant of TDIU benefits was warranted, and that permanency

should be established for DEA benefits.

School approval forms (VA Forms 21-674) for each of the

veteran's dependents were filed in September 1996, July 1997,

August 1999, and in May 2001.

In October 2002, the Board granted an earlier effective date

for TDIU benefits, effective June 1986.

In November 2002, the RO determined that the veteran's total

disabilities were permanent in nature and established DEA

benefits, effective October 2002 (date of Board decision).

Citation Nr: 0809977

Decision Date: 03/26/08 Archive Date: 04/09/08

DOCKET NO. 06-09 205 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Phoenix,

Arizona

In its January 2005 decision, the RO amended the effective

dates of the veteran's TDIU to April 17, 2001, because the

disabilities that rendered him unemployable had been granted

effective on that date, the veteran had filed his claim

within one year thereafter, and he was shown to be

unemployable as of that date. The effective date of DEA was

changed to April 17, 2001, because that was the date of TDIU

eligibility.

[pacmanx1]

Dang, I do admit that my brain does a half step on me from time to time. One easy way a veteran that is awarded TDIU can find out if he/she is rated P & T is, once they received the award contact VA and ask for a military MWR ID card. A veteran should find out in a matter of minutes to a matter of days. If they call the #800 the rep. can tell them on the phone, if they are P & T or if the veteran sends an IRIS they will get an e-mail. If the veteran was recently awarded TDIU this could just be the inquiry that gives him/her P & T but only if the record warrants it. You know sometimes VA makes you ask for every little inch.

Edited September 29, 2009 by pacmanx1

[dav_marine72]

They are actually getting data quicker to the 800 # staff. I got ym award letter Saturday and yesterday they verified I was P&T. Isn't getting a military ID card part of 100% and not P&T? I thought P&T only gives you the additional entitlement of CHAMPVA and DEA

[Philip Rogers]

Yup, I believe the ID comes w/100%. The card will just have an expiration date, rather than indefinite on it.

pr

They are actually getting data quicker to the 800 # staff. I got ym award letter Saturday and yesterday they verified I was P&T. Isn't getting a military ID card part of 100% and not P&T? I thought P&T only gives you the additional entitlement of CHAMPVA and DEA

[Bill (USAF Retired)]

I don't understand why VA doesn't just automatically send the award letter to veterans when a qualifying rating decision is issued. They certainly had no problem sending me useless forms along with my 70% and 80% awards.