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

[pacmanx1]

No, a veteran that is rated as TDIU can ask for clarification of the award to see if they are or aren't rated as P & T. Once the veteran is awarded TDIU he/she can get a statement from their doctor stating that it is the doctor's opinion that his/her condition is permanent or it is the doctor's opinion that the veteran's condition may not improve or just get worst. A request for clarification should not take long maybe 30 to 90 days. Even if the rater decides to request a C & P exam maybe 60 to 180 days, don’t quote me on the time frame but it should not take long. Remember you would not be asking for an increase just a clarification.

IMHO

[sharon]

http://www.davnj.org/Reference/ch02_secf.doc

Chapter 35 is addressed in paragraph 27. I must be addressed in the rating.

M21-1MR, Part IV, Subpart ii, Chapter 2, Section F

Edited September 29, 2009 by sharon

[LarryJ]

No, a veteran that is rated as TDIU can ask for clarification of the award to see if they are or aren't rated as P & T. Once the veteran is awarded TDIU he/she can get a statement from their doctor stating that it is the doctor's opinion that his/her condition is permanent or it is the doctor's opinion that the veteran's condition may not improve or just get worst. A request for clarification should not take long maybe 30 to 90 days. Even if the rater decides to request a C & P exam maybe 60 to 180 days, don’t quote me on the time frame but it should not take long. Remember you would not be asking for an increase just a clarification.

IMHO

I agree.

[darkhorse]

Seems like many of the recent TDIU awards have come with P&T. Maybe this is a new trend.

dh

[hurryupnwait]

OK

27. Preparing a Rating Decision Addressing the Issue of IU, Continued

h. Information to Include in the Rating Decision (continued)

If … Then …

IU is established include an explanation or analysis of how impairment from SC disability supports the decision.

Important: A conclusory statement alone that the criteria for a total evaluation based on IU are met does not satisfy the requirement to state the basis for the decision.

permanency of the total disability IU evaluation is established

dispose of the issue of Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35, regardless of whether or not there appear to be any potential dependents.

Note: The rating conclusion must include the statement, “Basic eligibility under 38 U.S.C. Chapter 35 is established from [date].”

If I get TDIU, and there is no mention of chapter 35 benefits and there is no mention of future exams, then I will be applying directly for Chapter 35 benefits and see what happens.

[carlie]

Looking over Sharon's link, worth note and additional study is:

"27. Preparing a Rating Decision Addressing the Issue of IU, Continued

h. Information to Include in the Rating Decision (continued)

permanency of the total disability IU evaluation is established

dispose of the issue of Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35, regardless of whether or not there appear to be any potential dependents.

Note: The rating conclusion must include the statement, “Basic eligibility under 38 U.S.C. Chapter 35 is established from [date].”

References: For more information on

• IU, see 38 CFR 4.16, and

• unemployability, see 38 CFR 4.18."

One thing I do know for certain,

Total and Permanent are two separate animals

until a rating decision states otherwise.

jmho,

carlie