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?

[john999]

Every once in a while the VA will infer P&T status, but it could take years. Do as Larry suggests and do the request yesterday.

[iraqx2]

Every once in a while the VA will infer P&T status, but it could take years. Do as Larry suggests and do the request yesterday.

[Bonzai]

I was never TDIU, I was awarded 50% from 30%, hired a NOVA lawyer and we NOD'ed it, and was then awarded 100 P&T without even a hearing. My lawyer said it was open and shut when he took my case, and the VA was violating their own regulations; which he pointed out in the NOD. NOt that I am recommending everyone hires a lawyer, but in my case it probably saved me a whole lot of heartache and worry.

[SLEDGE]

I went from 20 percent to 70 percent PTSD, TDIU and P&T all in the same award letter.

The PTSD claim came about after I mentioned PTSD in my hearing.

I had not requested TDIU or P&T.

However, right after I secured a lawyer we notified the VA of our intention to file

for Mandamus relief with the court.

The decision, a slam dunk, came along shortly thereafter.

They did, however, low-ball the effective date to the tune of 9 years.

They obviously wanted my case to go away.

I'm still fighting for the 9 years.

sledge

[carlie]

Larry,

His profile shows he is already SC'd for IU.

[LarryJ]

Larry,

His profile shows he is already SC'd for IU.

I see that, now. I'm sorry, I probably shouldn't even be posting at this time. I spent the last 48 hours, either AT the VAMC, or AT the VARO, or driving between the VAMC, the VARO, my home, or sitting up in bed trying to decide whether to take another Tylenol #3 or not, trying to decide if I could "drive safely" with two or maybe three or none in my system............seems I've finished breaking my foot, again.

I'm gonna just kinda flake on outta here, darlin'.