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!!

[Cynthia80]

Check your pm.

Thanks so much

[Cynthia80]

Cynthia,

thanks so much

The lawyers can't charge over the top, they can only go by

a specific percentage.

[broncovet]

If you look at the criteria for mental health disorders, you will see that, in both the 70% and 100% criteria, it lists "Suicidal ideations".

Scroll down to 100% and 70% respectively:

(The 100% category does not call it SI, they call it "persistent danger of hurting self or others". Or, abbreviated SI HI)

http://www.vva.org/ptsd_levels.html

It is unclear to me how the VA can propose to reduce on the basis of meeting the criteria?

Based on this, it would appear to be error on the VA's part. You do need to request a hearing, and, probably a lawyer.

Edited November 27, 2012 by broncovet

[broncovet]

This may be a question of semantics and moot. That is, if the VA reduced/severed hubbys rating for wilfull misconduct, then he has evidence for increase of his mental disorder. If your hubby is NOT 100% for PTSD, then you could/should apply for an increase. You see, it sounds like the VA is reducing all or part of his physical disabilities based on "willfull misconduct".

The VA cant reduce or severe based on you not currently meeting criteria. No. They have to show your hubby "materially improved" under ordinary conditions of life.

Even if your hubby did "wllfully damage" himself, that is a criteria for PTSD 70 and 100 percent ratings, so he deserves an increase.

It probably would matter very little if he was reduced on his physical disabilities and then increased his mental disorder to 100%. I dont know why the VA is doing this.

While I dont have case law in front of me, when the VA attempts to reduce, they have to do so "under ordinary conditions of life". The courts have apparently viewed this phrase as meaning "employed", since an "ordinary" person works to earn a living.

Therefore, to reduce you, they have to show you have "materially improved" under ordinary conditions of life.

If they are going after a CUE, they are alleging that your rating was given to hubby in the first place erroneously. Remember, tho, if the rating specialist had a "plausable reason" to rate you that way, that isnt CUE. Further, remember that the rating specialist is making a judgement call, and, because someone else would have made a differnet "call" that is not CUE, by defination. (CUE has to be undebatable).

[Cynthia80]

This may be a question of semantics and moot. That is, if the VA reduced/severed hubbys rating for wilfull misconduct, then he has evidence for increase of his mental disorder. If your hubby is NOT 100% for PTSD, then you could/should apply for an increase. You see, it sounds like the VA is reducing all or part of his physical disabilities based on "willfull misconduct".

The VA cant reduce or severe based on you not currently meeting criteria. No. They have to show your hubby "materially improved" under ordinary conditions of life.

Even if your hubby did "wllfully damage" himself, that is a criteria for PTSD 70 and 100 percent ratings, so he deserves an increase.

It probably would matter very little if he was reduced on his physical disabilities and then increased his mental disorder to 100%. I dont know why the VA is doing this.

While I dont have case law in front of me, when the VA attempts to reduce, they have to do so "under ordinary conditions of life". The courts have apparently viewed this phrase as meaning "employed", since an "ordinary" person works to earn a living.

Therefore, to reduce you, they have to show you have "materially improved" under ordinary conditions of life.

If they are going after a CUE, they are alleging that your rating was given to hubby in the first place erroneously. Remember, tho, if the rating specialist had a "plausable reason" to rate you that way, that isnt CUE. Further, remember that the rating specialist is making a judgement call, and, because someone else would have made a differnet "call" that is not CUE, by defination. (CUE has to be undebatable).

Thats exactly what they are saying due to his own willful conduct back in 2001 he was granted 100%TP as an CUE! which is not the case my hubby has not worked and cant work since 2005 when he was discharged from the army.....he cant clap or tie his shoe,groom himself or think clearly he has been to a bunch of QTC and they have granted him percentage increase,this last one for PTSD sent him over now he is at TP with 100%.....The VA is making me crazy with all these big words they type in these awards letters thanks for giving me a little bit of insight