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]

the only thing about age 55 is supposed to be the age that the VA quits asking your docs if you will get better because even if a 55 year old gets better and has been disabled for 5 or 10 years who is going to hire them and would it even be close to a living wage? Most likely not so after age 55 thereis supposed ot more credence to a veteran being TDIU not less because we all know age is a factor when it comes to trying to get a job if you have 3 candidates and one is a 25 year old male another is a 35 year old male and the third is a 55 year old veteran with medical problems no one is ever going to pick the 55 yr old with medical issues hell most of the time they won't even hire anyone in their late 40s let alone a man in their 50s and don't even get me on women in their 40s and 50s they get treated worse than men in looking for a job

are there a lot of younger vets with P&T probably not percentage wise but I am pretty sure there are thousands of them nationwide more in the past decade due to Iraq and Afghanistan back in the 70s and 80s you hardly never saw a younger vet with 100% P&T ratings

if you deserve ut and meet the requirements for it keep appealing and banging on their door like John did I did and most of us had to do that is where the term "Had it" came from even T Bird got tired of their BS and when she "Had it" with them this is what they got better informed vets with more information available to them and more resources to help each other

the best part of winning a claim after years of fighting with them is being able to pass that knowldge on to newer vets and show them how to cut years off of their claims by using the information all these learnered veterans and spouses here have to share the group here know more than most VA lawyers and can share how to use the VA's own ruls to get the benefits they have earned

and sometimes the answer is to get a lawyer of your own to fight back with but get one that knows the VAs rules don't just pick any lawyer because if they dont know VA law then they are wasting their time and yours and may cost you thousands of dollars if not tens of thousands of dollars

P&T brings into play CHAMPVA tax breaks depending on your state on cars and homes Chapter 35 benefots for your spouse and kids in South Carolina children of 100%P&T vets get a free college scholarship on top of the chapter 35 benefits at any college in the state that is funded by taxpayers (does not apply to private collges in the state) ID cards for on base facilities and all MWR facilities world wide every state is different and you have to check whay YOUR state has for disabled veterans, veterans and P&T veterans

sometimes you have to read what they are saying in their SOC's and figure out how to meet the statements they are using to deny the benefits and how to get your docs to write what they want sometimes you need an IMO from an outside doc to move them if the IMO costs you 1,000 then in the long run it is worth it but before you spend that kind of money have you tried everything thru VA docs that you can possibly try?