Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Dea P & T

Rate this question


sfc ret

Question

Ok so now I get a letter from the DAV stateing they reviewed the most recent VA decision concerning my cliam for benifits and the VA has taken the following actions.

A clear and unmistable error is found in the evaluation of PTSD and dysthymia and an evaluation of 100% is assigned. (which I was just given 100% recently)

Basic eligibility to DEA is established.

As of today I didnt get anything from the VA so I called they state they are working a letter to be sent to me. My 100% has not changed but the lady stated that she saw something about the DEA and that normally if you get DEA you will get permanent and total.

What exactly is permanent and total?

So that is it? They are saying Im done and cant go to work any more?

Thanks for any information.

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • Moderator

We need a little more information, What are your service connected conditions, were you rated as 100% TDIU or 100% schedular? If you were rated as 100% TDIU according to the regulation, you are supposed to be unemployable, meaning you can't adequately support yourself and your family, (you can't keep a Job due to your disabilities). If you were awarded 100% schedular according to the regulation, you can work and make as much money as you want but in both cases, if you are working VA will re-evaluate you to see if they can lower your disability ratings.

What exactly is permanent and total? This means that you have an impairment which is reasonably certain to continue throughout the life of the disabled person. Being rated as 100% P & T you can get a military MWR ID Card but if you are retired you already have and ID Card. It also means you get Champ VA, DEA, and you will have to check your state for property Taxes reimbursement/waiver and a waiver for Life Insurance. If I forgot something, someone else will chime in.

It really means absolutely nothing to VA in reference to your disabilities.

Hope this makes sense

As Always Hope the Best

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

We need a little more information, What are your service connected conditions, were you rated as 100% TDIU or 100% schedular? If you were rated as 100% TDIU according to the regulation, you are supposed to be unemployable, meaning you can't adequately support yourself and your family, (you can't keep a Job due to your disabilities). If you were awarded 100% schedular according to the regulation, you can work and make as much money as you want but in both cases, if you are working VA will re-evaluate you to see if they can lower your disability ratings.

What exactly is permanent and total? This means that you have an impairment which is reasonably certain to continue throughout the life of the disabled person. Being rated as 100% P & T you can get a military MWR ID Card but if you are retired you already have and ID Card. It also means you get Champ VA, DEA, and you will have to check your state for property Taxes reimbursement/waiver and a waiver for Life Insurance. If I forgot something, someone else will chime in.

It really means absolutely nothing to VA in reference to your disabilities.

Hope this makes sense

As Always Hope the Best

Thanks for the information. I'm 100% PTSD and 30% for other things. So now I just wait for the letter from the VA.

Link to comment
Share on other sites

  • Moderator

The rating for 100% mental condition is: "Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name".

With these conditions I don't see how someone can be rated as 100% PTSD/Depression and continue to maintain and work effectively in any Job. Where do you work, is it a family business? Do you own your own business? Just curious and trying to help.

As Always Hope the Best

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

I dont work I retired from the Army about 8 months ago. I guess it hard to hear that someone doesnt want me to work. I joined the army at 18 and retired at 38. So Its hard to not be working but on the other had its hard to admit I have problems.

Link to comment
Share on other sites

  • HadIt.com Elder

You probably could not get a job in this economy anyway. You could go to school on your own dime and keep it under wraps. This would prepare you for possibility of working one day if you are able. To be 38 and be 100% P&T is what it is. Now what about the concurrent receipt. I thought if you did 20 and retired you could get your retirement and VA money separate. Then you would not have to worry about work I don't think. Get a lawn mover if you are able and cut yards. You take cash only and stay busy. It is something to do, but nobody here is putting you down for not working if you are 100%.

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use