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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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brandon-n-lisa

Permanent And Total Status?

Question

I have been rated with TDIU since early 2006. In my initial award letter it didn't have the "no future exams" or "Chapter 35 benefits for dependents." I called once in 2007 to find out if I was P&T and was told that I was. I got excited and started getting things rolling for champ VA. a couple weeks after, I got a letter for a C&P exam on the things I was already rated for. I called them and this time the person on the phone told me that I was not P&T, and that the first person had made a mistake in telling me so. That made perfect since to me considering I was schuduled for an exam, so I assumed I wasn't and didn't pursue it any further.

I assumed I wasn't Perm and Tot. In the meantime, my wife started college full time in 2007, and has been a full time student since then.

I got letter from the VA today. The letter opens:

This letter is a summary of benefits you currently receive from the Department of Veterans Affairs (VA). We are providing this letter to .........................in whichn verification of VA benefits is required. THIS LETTER IS CONSIDERED AN OFFICIAL RECORD OF YOUR VA ENTITLEMENT.

(Please note the sentence in BOLD is my own emphasis)It continues:

our records containt the following information:

Personal Claim Information:

-------------------

--------

--------------

Military Information:

(discharge and service dates listed here)

VA Benefits information:

Service-connected disability: Yes

Your combined service-connected evaluation is: 80 PERCENT

Your current monthly award amount is: -------

Are you being paid at the 100 percent rate because you are unemployable due to your service connected disabilities: Yes

***ARE YOU CONSIDERED TO BE TOTALLY AND PERMANENTLY DISABLED DUE TO YOUR SERVICE_CONNECTED DISABILITIES: YES***

I am assuming that I am permanent and total by the language of this summary letter. I started Champ VA and DEA paperwork for my wife today.

Questions.............

Any opinions as to whether this would mean that I am truely P&T?

My wife has been in college for 2 years when we could have been getting DEA payments for her. Even though she may have been elegible, we were informed that I was not P&T, and if was considered that at a later time, we were never informed of the decision. Can she get back pay for DEA?

How would I find out the date that I became P&T?

You guys are great, and I recommend this board all the time to people that are in the process of VA claims. Keep up the good work.

Thanks,

texretvet

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4 answers to this question

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I got that letter a couple of days ago there were a couple of mistakes on mine at least I hope there were mistakes cause now instead of being P&T I am TDIU

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"My wife has been in college for 2 years when we could have been getting DEA payments for her. Even though she may have been elegible, we were informed that I was not P&T, and if was considered that at a later time, we were never informed of the decision. Can she get back pay for DEA?"

Do her college attendance dates fall within the entitlement period (in other words the EED for the P & T status?)

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If the answer to Bertas question is yes, then you should be entitled to reimbursement.

J

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Thanks John for answering this vet-

I am owed money by VA for 4 years of college tuition due to my recent award.VA sent me some of it so far but the college has nit sent them a formal tuition audit yet of the remainder.

I would think in this case the spouse must make formal application for Chapter 35 DEA benefits first and then VA will issue her a Certificate of Entitlement and then she should submit to them any proof of paid tuition for the years that fall into her entitlement date and ask for a refund.

She will need to tell them whether she was full time pr part time and hopefully she still has some info as to the length of each semester as DEA figures this all out on a daily rate determined by the length of the classes.

Also the school has to have been VA approved. Most of them are.

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