Total And Permanent Disabilty

[flyfisher]

I am currently rated at 90% and have a question about the requirements for receiving total and permanent disability.

Do you have to not be working to receive it? Is there a limit on how much you can earn? Do you have to be rated 100% to be eligible if you are still working. How do you apply? Any other information would be greatly appreciated!!

[SP4RVN1971]

I am currently rated at 90% and have a question about the requirements for receiving total and permanent disability.

Do you have to not be working to receive it? Is there a limit on how much you can earn? Do you have to be rated 100% to be eligible if you are still working. How do you apply? Any other information would be greatly appreciated!!

It's not about how, but it's about your mental or physical condition!.

I was 240% from agent Orange IHD, DMII, PN in all parts, and Prostate cancer Metastasis stage 4, lymph node cancer.

But that was not enough to get me P&T. It was then I could not work and was getting sick.

Now I'm 360 % at P&T and wish I had my life back . Reminds me of song by the Rolling Stones (You Can't Always Get What You Want)

Good luck with yours and God bless.

[jbasser]

The Va has to consider your disability as static with no chance for improvement.

Disabilities like severe heart Lung Issues Paralysis, Terminal diseases are considered.

J

[john999]

Do you get TDIU?

[Cynthia80]

@Jbasser my Husband was awarded his 100% TP in August of this year and in oct they sent him a letter stating that they are proprosing to severe his comp he has a hearing in Jan of next year to plead his case....he had a self inficted gun shot wound to the head back in sept of 2001 while on active duty in the army his mother had passed in May of that year,he saw mental health on post in August 2001 prior to the attempt to take his life,but for some reason we cant locate any of those records! he was discharged from the Army in 2005 he has not worked since then due to the fact they he has TBI.PTSD and no vision in his right eye and is limited to his use of his right side of his body,he still see his mental health doctor and TBI doctor they have wrote letters to the VA about his condition...is there any other items we need to win our case?

[carlie]

@Jbasser my Husband was awarded his 100% TP in August of this year and in oct they sent him a letter stating that they are proprosing to severe his comp he has a hearing in Jan of next year to plead his case....

Cynthia

Has he signed a 21-22 to receive help and representation from a national service organization?

I feel you should definitely do this and have a meeting or two,to consult with them,

prior to the hearing.

flyfisher,

Sorry for trampling your thread a bit.

Here's more info:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=fdd3e4faaaf480e2dfb3be269f9a92b6&rgn=div8&view=text&node=38:1.0.1.1.4.2.67.139&idno=38

§ 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]

[Cynthia80]

He has a POA at the VA office she is already preping him for the hearing i just want some insight on dealing with the VA

Has he signed a 21-22 to receive help and representation from a national service organization?

I feel you should definitely do this and have a meeting or two,to consult with them,

prior to the hearing.