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

[hurryupnwait]

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.

Would it not be faster to apply for Chapter 35 benefits directly and let them decide. If no, then appeal. Than sending a letter to the RO asking for P&T.

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.

[pacmanx1]

Just my opinion and I may be off but if a veteran is awarded TDIU, I think it would be faster to file for P & T. It may be that a rater can just review the veteran’s record and award P & T without a C & P exam.

[cowgirl]

I hope for P&T the first time around, never thought I'd say that, always carried my own weight and did hard work. Just different work now I guess - keepin alive and together for husband and family~!

Still praying for IU here....

[navydoc2]

Just my opinion and I may be off but if a veteran is awarded TDIU, I think it would be faster to file for P & T. It may be that a rater can just review the veteran's record and award P & T without a C & P exam.

So if thats the case I was awarded TDIU in August, I'm currently applying for SSD benefits I think I will wait for that decision and then file for P&T if the SSD decision is favorable. It was exciting while it lasted lol thanks Pete the cooler head prevailing.

[navydoc2]

I hope for P&T the first time around, never thought I'd say that, always carried my own weight and did hard work. Just different work now I guess - keepin alive and together for husband and family~!

Still praying for IU here....

I'm sure you've done and will do more work than most Cowgirl so why not go for the whole shabang in one fail swoop. I stand in agreement with you on the prayer too.

[hurryupnwait]

Just my opinion and I may be off but if a veteran is awarded TDIU, I think it would be faster to file for P & T. It may be that a rater can just review the veteran’s record and award P & T without a C & P exam.

I agree a rater could do that, but what I m concerned about is the time it will take to get your claim back into the rater's hand again, that may take several months, even years. My claim was at the AMC over 2 years before a rater saw it.

Paul