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!!!!!!!!!!!!!!!!

[darkhorse]

If that's correct that will be awesome when I finally get awarded TDIU. Heck if it's true it doesn't make sense to separate the two anymore.

dh

[hurryupnwait]

Well, if I ever get TDIU, I will be immediately filing for Chapter 35 benefits, if denied I ll appeal.

Paul

[navydoc2]

Well, if I ever get TDIU, I will be immediately filing for Chapter 35 benefits, if denied I ll appeal.

Paul

So let me get this straight! I am TDIU now. I should file for chap 35 benefits, I will be denied by the VA then get it on appeal to the BVA.

[hurryupnwait]

So let me get this straight! I am TDIU now. I should file for chap 35 benefits, I will be denied by the VA then get it on appeal to the BVA.

That's the way I m understanding it. Not sure if we would get it on appeal to the BVA, but is worth a shot.

Larry wrote

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."

Paul

Edited September 28, 2009 by hurryupnwait

[navydoc2]

That's the way I m understanding it. Not sure if we would get it on appeal to the BVA, but is worth a shot.

Larry wrote

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."

Paul

Thats what I'm reading and getting too hurryup. It is inferred that TDIU is P&T. Looking for paperwork right now lol.

[pacmanx1]

OK, the answer is yes and no. P & T can be awarded on a case by case basis for TDIU. A veteran must have a condition that is considered permanent in nature. He/she if not awarded must apply for it. We all know that nothing with VA is automatic. I think in the case of the original post that the BVA had already awarded chapter 35, here is the reg. This is just one part but you can read the rest if interested but the key words are highlighted

§ 3.340 Total and permanent total ratings and unemployability.

(a) Total disability ratings — (1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

If I am wrong please correct me.

Edited September 29, 2009 by pacmanx1