Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
winkjo

Tdiu Decision Any Day Now!

Question

How Do TDIU and P&T Relate?

S.O. DAV says likely TDIU is an any day now DRO Decision. Can someone help me understand the relationship between TDIU and P&T...how does one get a P&T decision ? Have DIB from SS and currently at 30% PTSD, 60% total with DM-II and PN in the mix. SS ALJ wrote disabled perm due to "severe PTSD". Would appreciate some clarification on TDIU, P&T pros/cons and how you are granted P&T ??? thanks, friends -

Winkjo

Semper Fi

Share this post


Link to post
Share on other sites

Recommended Posts

Individual unemployability:

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.

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

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

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

Share this post


Link to post
Share on other sites

Ad

Individual unemployability:

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.

(:rolleyes: It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

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

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

Carlie

Wow....Gotta hand it to you. So very kind of you to take the time and effort to detail everything. Was expecting a few fragments re: my plea for understanding TDIU vs P&T... BUT you certainly clarified all! Thank you so much.

Winkjo

Semper Fi

Share this post


Link to post
Share on other sites

winkjo,

Did you have your DRO review or a Hearing ?

If you had a DRO Hearing, when was it held ?

carlie

Share this post


Link to post
Share on other sites
Individual unemployability:

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.

(B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

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

This info was borrowed from elsewhere.

"Quote:

P&T stands for "permanent" and "total".

To be permanent merely means that the condition, whatever it is, is not expected to improve and VA has no future review examinations scheduled. Any disability can be considered to be permanent, even one that is only 10 percent. But bear in mind that merely saying that a disability is permanent doesn't mean it cannot be reduced if it improves. It merely means that VA has no plans to call you in for a review examination to see if it has improved.

To be total means that you are considered to be 100 percent disabled. There are two ways to acheive this total level of disability.

One way is to have a schedular disability evaluation of 100 percent, either by means of a single condition that is rated at 100 percent or multiple conditions that combine to equal a 100 percent evaluation. If you have a schedular 100 percent evaluation with no future review exams scheduled, you are considered to be P&T.

The other way is to have service connected disabilities that while not evaluated at 100 percent, effectively prevent you from working. In such a situation you may be granted compensation at the 100 percent rate due to individual unemployability (IU). As with the schedular 100 percent rating, if you have no future review examinations scheduled, you are P&T.

Quote:

You can't "apply" for permanent; however, you are free to submit medical evidence any time you wish. If your doctor says that your condition is not likely to improve, have him put that in writing and send it to VA along with a statement asking that future review exams be cancelled based on the doctor's statement.

If you just ask them to make you "permanent" without sending medical evidence to support that, VA will just ask you for medical evidence and if you don't submit it nothing will happen."

Hope this helps a vet.

carlie

Carlie,

That is the best definition of P&T that I've found to date.

Thank you,

Bergie

Share this post


Link to post
Share on other sites

Bergie & winkjo,

I wish I could take the credit for authoring the information on P&T, but I borrowed and quoted it

from elsewhere.

It is the most understandable information I have found on this issue so far.

carlie

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines