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]

Oh yes the letters. It seems where my letter stopped at you and your dependents may be entitled to get a military ID for commisary and exchange privileges, the SOs letter continued you on to say based on your TDIU rating of May 2009 we find you P&T and are entitled to chpater 35 DEA benefits for your dependents.

[carlie]

CAN ANYONE post a reg stating anything to the effect that

if a claimant is awarded IU that they would automatically

meet the criteria to be P&T, due to being IU.

I do not feel that there is any truth to this, but surely

will look forward to and welcome any reg that shows how and why

this is true.

This would be great for thousands and thousands of veterans.

jmho,

carlie

[Pete53]

I think it was mentioned that the BVA has decided this.

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.

[hurryupnwait]

So, if a vet is granted TDIU and the grant does not mention any future exams, then the BVA considers that to be permanent and total, so then this vet should file for Chapter 35 benefits. If they are denied then they should appeal it to the BVA.

What if the Vet is 100% TDIU with a future exam scheduled. He went to the exam and the VA did not reschedule another exam, would they then qualify for chapter 35 benefits.

[LarryJ]

Well, this brings up something that I was going to bring up, when I got that little-round-two-it.

I was in training last week when an instructor said something that I had to question, and I got that same answer in reply.

The instructor said "If a veteran is rated TDIU, then, by the very fact that they are TDIU, indicates and means that they are also P&T."

I (sitting at the back of the room, so's I can get in and out of the room without getting in anyone's way) was having what I thought was trouble with my hearing.

So, I asked that he repeat his statement. And, sure enough, that is what he said. If you are TDIU, then you are P&T.

So, the JewBoyoh in the back said "Okay."

And, I've been chewin on that fer a few days..................?

[carlie]

Larry,

Keep chewing on it ~ while I choke from just trying

to swallow it.

I will need to see it in writing.

carlie