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Tdiu And P&t ?'s.

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10thFO

Question

I had a letter from my Doc yesterday stating that I was Permanently Unemployable due to the combination of all my issues, most specifically Lower Back Pain and Nueropathy into Legs, Feet, and Arms from a Neck Claim that was denied a couple years ago, but I haven't reopened with my New Evidence because I've needed this money so bad I just NOD "de novo review" last month for IU. Also because of the PTSD, and the opiates I am on for pain management.

I read in the CFR or USC (can't remember which) that before the VARO can determine someone is P&T that they are supposed to send them to Vocational Rehab for an assesment. Since my statements of unemployability were in response to the Vocational Rehab shouldn't that automatically be granted as P&T. I realize that would be and are, well, ain't the same, but just curious, I know the VARO routinely grants P&T based on Dr's statements without the VOC REhab, but being 36 I figured they would send it to them for craps and giggles anyway. My counselor was writing up my statement today for unfeasible for unemployment and sending me a form to see if I wanted Independent Living Services to come into my home. Now I just have to see how long it takes to get my money. I'm glad I filed that NOD because that "should" give me back pay to November 2004 at 100% instead of the 70%. Oh the bills to be paid......

The main concern I have is getting P&T soon before they decide they are not going to award it anymore in light of all the new cost cutting going on. I'd really like to lock up my son's education. He's only 2 but by the time he is college age? Half a Million for college. Jeez. Plus I'd like to get it sooner than later in case I croak in the next 10 years.

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10thFO

I would request P&T immediately based on your medical condition. Don't wait especially with what is going on with the GAO and the VDBC. You can just write the VA a letter and request it. They might treat is as a new claim and again they might not.

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