P&t Do You Need 100% Rating?

[Rob m]

Just wondering if you need to be rated at 100% in order to qualify for P&T. Can someone rated say 70 or 80% qualify for P&T and chapter 35 benefits for dependents?

Thanks

Rob

[carlie]

If they are compensated at 100 % P&T due to IU.

carlie

[Testvet]

Just wondering if you need to be rated at 100% in order to qualify for P&T. Can someone rated say 70 or 80% qualify for P&T and chapter 35 benefits for dependents?

Thanks

Rob

yes either schedular or TDIU but you can NOT get benefits for spouse and kids with 70 80 or 90% ratings you have to ask for TDIU status if you SC problems keep you from working at your full capacity if before your service lets say you could work and hold a job stocking shelves and your SC issues make it so you can't even work a solitary security job etc and provide for your family then you have a case for IU only you and your doctors know when it's tie for you to make a request for TDIU

[Rougetet]

Just wondering if you need to be rated at 100% in order to qualify for P&T. Can someone rated say 70 or 80% qualify for P&T and chapter 35 benefits for dependents?

Thanks

Rob

Well there are some certain very limited exceptions where you could have a less than 100% rating (schedular or TDIU based) and your dependants could still qualify for Chapter 35 DEA benefits. They are extremely rare though and I assume you would have a devil of a time getting them past the raters - the ones that come to mind (not an exhaustive list):

1) You have a disability or combination of disabilities that does not allow you to be TDIU eligible (no rating for a single disability of at least 40% OR your single/total disabilities do not meet the 60% or 70% gates for TDIU) BUT the overall disability picture precludes employment and some or all are permanent in nature (permanence important to be assigned to an SC disability that does preclude employment). An example could be that you have epilepsy rated at SC 20% permanent in nature and your state will not issue or renew a driver's license because of it and you live in a rural area without public transportation - in essence you have no way to get to a job site and you are really virtually unemployable because of this 20% SC disability. Not saying this example would be accepted - it is just a hypothetical example.

2) You have a disability SC and permanent in nature and you have other NSC disabilities that make you eligible for pension. You could be designated by the VA as totally disabled because of these combinations of disabilities under Pension Law and thus maybe establish eligibility for Chapter 35 DEA benefits for your dependants because of the way Chapter 35 DEA is written.

3) You have a single SC disability, permanent in nature, that does not have a rating level in the Schedule of Rating disabilities (38 CFR, part 4) of 60% or higher for that disability. If that single disability can be shown to preclude employment (or by its nature precludes employment), then you would still meet the Chapter 35 DEA requirements PROVIDED the VA ends up classifying or describing that single disability as a "total disability" in some correspondence to you.

4) You meet one of the "period term exceptions" in Chapter 35 DEA (i.e. MIA over 90 days, POW over 90 days, etc.) OR having a "convalescence" temporary rating when your dependant applies (you would need to do further research on that one but my preliminary research indicates it is a possibility).

Many of these would probably need to be forwarded to the VA Director of Compensation Services for resolution, BUT your question had to do with is it possible to get P&T without having a 100% rating and thus allow Chapter 35 DEA eligibility for your dependants. In limited cases the answer is Yes.

[Ricky]

Some states have benefits for dependents. ie..... at a 70 percent level you may qualify for these benefits. Most of the qualifications require that you must have been a resident of that state prior to entering active duty. Just check out your local (state) veterans web site for more information.