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?

[Testvet]

my P&T was granted when I was 51 I was 47 when I first filed my claims it took the VARO awhile to understand I was NOT going away they first gave me 50% I naturally filed a NOD a year later they granted the 100% P&T I had three annual statements from my shrink stating that in his opinion that since I had been coping badly with PTSD since 1975 and felt that there would be no improvement in the future and that I would never be employable again, that he felt I was permantently and totally disabled by just my symptoms of PTSD regardless of any other emdical issues I was also dealing with.

Even if I had no other medical issues it was his opinion that the PTSD alone was totally disabling he wrote that same exact statement every February from 2003 - present he doesn't want them changing their minds so he updates it annually I have been seeing the same doc since Jan 2003 I am surprised really normally the VA changes docs every year but not this shrink he is the Chief of Clinic so I get the feeling he will still be there when I die, he is younger than I am......

basically there is NO rule about 55 it is a guideline that all veterans over 55 will not be employable after age 55 like to start with who would even hire them at a living wage? Being a door greeter at Wal Mart is not a middle class life style and they can only hire so many of them anyway and me I would get fired in less than a week rofl

[iraqx2]

Thanks guys. I do understand that I must " follow " the games of the VA. Please note that I did in fact came off of TDIU into 100% SMC, but no P&T. And believe me, getting TDIU before was no cake walk. So if I can't work back then, what makes you think I can work now... AND I got worst because of the TBI. That's the issue that I don't understand.

I plan to file a request for increase compensation, when my claim for sleep apnea is added, bringing over 200 %. I can't wait for them to deny this one because I am ready to fight.

Take care brothers and sisters.

Edited June 17, 2010 by iraqx2

[LarryJ]

iraqx2,

Here's some rules on Reexaminations and P&T/IU.

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3_ADJUDICATION--Table of Contents Subpart A_Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.327 Reexaminations. (a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.(Authority: 38 U.S.C. 501) (b) Compensation cases--(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified. (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static; (ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more; (iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; (iv) In cases of veterans over 55 years of age, except under unusual circumstances;[[Page 251]] (v) When the rating is a prescribed scheduled minimum rating; or (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. © Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances. Cross Reference: Failure to report for VA examination. See Sec. 3.655.[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995] ---------------------------- Sec. 3.340 Total and permanent total ratings and unemployability. (a) Total disability ratings--(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule. (2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met. (3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided: (i) That the disability must in the past have been of sufficient severity to warrant a total disability rating; (ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and (iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation. (b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence. © Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.[26 FR 1585, Feb. 24, 1961, as amended at 46 FR 47541, Sept. 29, 1981]

Thanks, carlie.............now my eyes are "permanently" crossed! Never again will I attempt to read all that.............

[carlie]

Sorry about all of that just running together, I can't edit it to read more easily.

The main facts I was pointing out for the OP was

38 CFR Part 3

3.327 - - http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.327.htm

and

3.340 - - http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.340.htm

Aw heck, I'll put this one too for someone that might need it.

3.341 - - http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.341.htm

[Pete53]

I applied at age 46 was given P&T at age 51 effective date 48 when I asked for TDIU so go figure.

[retiredat44]

I am 54 and am hoping for P&T

so dammit, I wonder if I can get it

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?