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?

[Pete53]

I got it age 49

[Wings]

x

x

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I was service-connected 70% for PTSD, and rated P&T at 39 y/0 !!

Submitted the TDIU "form" while my claim was at the rating board (at the behest of Hadit.com).

The C&P Examiner stated I was unable to work due to SC PTSD. ~Wings

[Bravo6]

I was granted P&T at age 41! Someone feed you some BS about being 55!

Edited July 28, 2010 by Bravo6

[jbasser]

I got it at age 41.

That statement under 55 is a total load of craop as the regs state age will not be a factor.

J

[navydoc2]

I was just awarded P&T at age 44.

[john999]

I got 70% at age 52 and was denied IU. I appealed and got IU at age 53 but was denied P&T. I appealed the denial of Chapter 35 and my effective date. I got P&T and IU back to age 51. I have been P&T for nine years. The VA did pull out every old gimmick to try and keep me away form getting IU. They said just because I was unemployed did not mean I was IU. They said my being uneployed was due to NSC issues. They said I was likely to get better so no P&T. They said my problems were all related to civilian occupation. I rebutted all these roadblocks. I would not believe anything the VA says except the numbers on the check you receive each month. The biggest factor for P&T is for you to have a medical opinion saying you are permanently and totally disabled. Even when you get P&T I bet the VA will cheat you on your effective date. You get SSD for an SC condition the VA will not use the SSD date as your effective date for VA 100% or IU. Why is this? Common sense tells you that if you get SSD for SC condition you can't work. Why should that not be your effective date for IU? Getting SSD is much more rigorous than IU. They are just flat out cheating you and me. People on SSD almost never go back to work. You have to have major disability to get SSD. I do have CUE claim going back to 1971 asking for IU. The evidence for IU is right there in my records, but I was 21 year old Vietnam vet and was by definition some kind of dog. The sicker and more needy you are the less likely the VA is to reach out and help you. If you are hard nosed vet who knows regs then you win the prize.