A Comment On Award Of Iu As P&t

[Jayg]

In a recent topic or two about how do you know if they've rated your IU as P&T, (permanent & total) it was said VA won't come right out and say it on the award letter. Well, they pretty much did on mine...

One comment... "We enclosed a form 21-8764 'Additional Information for veterans with Service-Connected Permanent and Total Disability." That's a pretty good indicator.

But I would call this a clincher. It is item 6 of my decision letter, "Eligibility to dependents educational assistance under 38 USC Chapter 35" Therein it says,...

"As there is no indication of improvement in the service-connected disabilities which render you unemployable, you are considered permanently disabled for VA purposes:..." (emphasis mine)

I'd say that is pretty much a clear statement of P&T on the decision letter. Note, this is not in the description of assignment of IU itself but in the section following.

I just put this out on hope it helps someone.

[Commander Bob]

Amen to that and thank you Berta! My wife is a dedicated stay at home wife and Mom. But that came at a heavy price. No SSI eligability, no health insurance, no retirement... This struggle for IU was to me, more about her and the boys than about me.

You probably can well understand my relief.

Again, thank you.

Yes, Jayq. Also remember Pete52"s post about Texas IU vets can now receive tax exemption on their real estate. We should also talk about DIC sometime, in the future.

[grent]

theyput the same wording on mine last week,congats we are lucky gis

Hi i asked a question about P and T a while back I GOT AWFUL MEMORY

I was on tdiu

then some lost records were located and i just sent them into VA because the DAV said the VA knew bout them and i later found out the DAV never filed the lost records

so i filed the lost records with VA

5 months go by 1 800 says they are working on them

NO DRO HEARING NO REQUESTS FOR MORE EVIDENCE NO LETTER SAYING WHERE WORKING ON IT

IT WAS A FRIDAY THE THIRTEENTH ABOUT 16OO I OPEN MY MAIL BOX AND I SEE THAT BROWN MANILA ENVELOPE

I OPEN IT UP AND TO MY SURPRISE

the letter lists 6 new sc s on page one

on page 3 it says YOUR OVERALL OR COMBINED RATING IS 100% WE DO NOT ADD INDIVIDUAL PERCENTAGES OF EACH

CONDITION TO DETERMINE YOUR COMBINED RATING.

LINE 4 SAYS WE ENCLOSED A VA FORM 21 8760 " ADDITIONAL INFO FOR VETERANS WITH SERVICE CONNECTED PERMANENT AND TOTAL DISABILITY"

TALKS ABOUT CHAMP VA

COMISSARY

TALKS ABOUT WHAT TO DO IF I LIVE IN EUROPE OR ANY PLACE ELSE IN THE WORLD

BUT DOSE NOT COME OUT AND SAY YOU HAVE BEEN MOVED FROM TDIU TO 100% SCHEDULAR PERCENT PERMANENT AND TOTAL

SO TO THIS DAY I JUST DONT KNOW SO ILL JUST GO WITH THE FLOW

BUT WOULD LIKE TO KNOW SOME DAY

THKS

GRT

[ddown]

mine came from RO this week in letter updating me.

It says Service-Connected disability: Yes

Your combined service-conected evaluation is: 80%

Your current Monthly award: $2,919.00

Are you being paid at the 100% rate because you are unemployable due to your service-rated disabilities: Yes

Are you considered to be totally and permanently disabled due to your service related condition: Yes

2 more after this loss of limb or eye and then a line SAH SHA both NO

Question is I'm having 1 more C&P for PTSD should go up. I was inpatient for six weeks CPT program

I thought you had to be 100% for total and permanently category?

Came from detroit VA today

I've learned something new this week you don't have to be schedular 100% to be total and permanent

ddown

Hi i asked a question about P and T a while back I GOT AWFUL MEMORY

[Jayg]

You can be granted IU with 60% disability of one limb or (I think) one related group of limbs or 70% combined rate with at least one limb or (again, I think) related group of limbs at least at 40%.

That's it near as I recall but please double check me on it if you really need to K_N_O_W what the reg says.

[pacmanx1]

Here is the reg to be sure,

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

Edited December 13, 2009 by pacmanx1

[sixthscents]

Yeah you can be T&P under TDIU... that's been around a while. I am curious why they are bothering with a C&P with the PTSD, since they granted TDIU T&P. There is no point really. Not that it shouldn't be treated, but it wont affect what you are paid unless it is deemed 100% in and of itself, then youd prolly qualify for housebound SMC. mmm... thats probably why they are doing it.