Criteria For P&t Status

[iraqx2]

Hello everyone! Hope everyone is doing well !

Here is the latest in my battle with the VA. The other day, I had my first DRO hearing ( and I was indeed surprised that VA did remember after 2 years ) in regards to an issue with an earlier effective date off a past decision. It was very informal and I hope they will decide in my favor. After the meeting, my rep and I asked the DRO about why I am not P&T. My recent decision for additional claims included TBI, suffered when my truck was blown up, was granted at 100%, and my other ratings bumped me up over the 160 % threshold, which qualified for SMC, and I am getting SMC.

I was disturbed to find out the response of the reason why I am not P&T and is scheduled again for a followup C&P exam to reevaluate my condition (I did not know there was a cure for TBI ). It is because of my young age and supposedly anyone under 55 does not get P&T and is subject to reexamination.

That's not fine with me. What the heck are benefits such as dependent Chapter 35 and state tax exemption for??? My kids will be out of college long after I reach age 55. I would think the average college kids' parent's age are in the 40's.

My plan now is to wake for another claim that they left off ( sleep apnea, I am already on the CPAP machine issued by the VA ), and request a reconciliation.

What options do I have to receive P&T status?

[carlie]

Iraqx2,

I would see if all or most of my medical/mental health providers would be willing

to write a brief statement and point out that the disabilities they provide treatment

for are in their opinion, static in nature, no room for improvement, can only treat

the symptoms, etc....

jmho,

carlie,

[Pete53]

Get your own Medical Doctor's opinion that you will not be able to work again.

[LarryJ]

If you have not, then you must file a request for increase in compensation due to Total Disability due to Individual Unemployability (I know, I know, BUT, if you wish to be declared Permanent and Total, no future examinations scheduled, then you gotta play the game, okay?). It seems that there is a "mind-set" in the bowels of the VA that if you have NOT filled out this silly-assed form, then you have NOT claimed TDIU P&T "officially".

Fill it out, TODAY. If you wait, you're costing yourself money.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

git 'er done!

[Bonzai]

FYI: I am not yet 50, and I am 100% P&T. So someone is giving you a snow job about that.

But according to what I have read, anyone can be reexamined until the magical 20 year mark - but I may be wrong.

[john999]

When the VA denies you P&T then they are denying Chapter 35 benefits. This can be appealed when you get your initial IU or 100% rating. I got P&T at age 51 based on medical documentation in the form of an IMO and a review of my VA medical records. Yes, your 100% or IU rating is not safe until it has been in effect for 20 years.

[LarryJ]

From what I understand, after having read your original post, again, is that, even though you are 160%, you have never applied for an increase in benefits due to individual unemployability. Is this correct?

In-other-words, have you ever filed that darned form 21-8940?

If not, you haven't "spoken the magic words", you haven't properly "stirred the pot" and, until you do, then your claim will sit there, waiting for THE VA to magically decide, on it's own, to INFERR that you are permanently and totally disabled.

Could be a very, verrrry, long wait.

yup.

I know that ain't the way it's SUPPOSED to work, that when you get to 100% (or more) then they should be able to LOOK at your "disability picture" and INFERR that you are P&T................yeah, right, sure, cerrrtinleey, you bet!