ptsd P&t, What Are The Chances

[Rob m]

Buddy is 100% schedular (2 years now) but not rated P&T

70 PTSD

50 partial skull loss

40 TBI residulars (difficulties reading/writing, memory loss ect..)

40 Fibro

30 Migrains

30 scars

numerous 10's (ankels, knees, shoulder ect..)

He would like chap 35 for dependants.

I'm thinking he should get a letter from his neuro doc stating the skull and underlying brain damage will never heal or regenerate and visable scars will never heal.

Any other ideas? Buddy is 50 years old

Lastly, if he does apply for P&T, is there a standard form to fill out?

Thanks

[Berta]

He just needs to send them (the VARO he deals with) a letter ,with his C file number on it, requesting Permanent and Total .

"I'm thinking he should get a letter from his neuro doc stating the skull and underlying brain damage will never heal or regenerate and visable scars will never heal."

That would be great and he could refer to this letter in the request for P & T and tell the VA it is enclosed as evidence and he should make sure he gets a Proof of mailing from the Post Office too. Maybe the Neuro would add that his SC PTSD excerbates and compounds his severe TBI deficits.Or vice versa. ...others will opine on that idea....Sounds like he deals with a lot.

I always use Priority with a tracking slip.That way I can go to the USPS site, put the tracking sip number in their browser and get a print out that says the VA got my stuff on such and such a date.

In their older decision 2 years ago, they should have considered him for P & T.....If that was a TDIU award, they usually always do.....But you said it was 100%.

Does he get SSDI as well?

His kids might be eligible for Pell grants prior to any Chapter 35 award. Someone here said years ago CHAP 35s can get both Pell and Chap 35 at same time.

I am Chap 35 but never looked into the Pell Grant. Also his state might have some educational grants that are specifically for children of severely disabled veterans.

It pays to look into everything when college time comes.

Also Chap 35 can be retro.

My eligibility period ran out when I was at AMU under Chap 35. I paid for the rest of my degree myself.

When I won a claim in 2009, the eligibility date changed and also the reason for the CHap 35 changed.

I promptly wrote to the VA Edu department and within months I got about $6,000 check for tuition I had paid, when the first eligibility period ran out.

Also dont forget anyone...if your adult child enters the Armed Services and Chapter 35 is awarded to them,via a successful 100% or TDIU P & T award

to you ....their military service period is added to their eligibility date.

Edited March 20, 2013 by Berta

[carlie]

Food for thought. § 3.340 Total and permanent total ratings and unemployability.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=6e50ac7e70761554ff316c134953a50a&rgn=div8&view=text&node=38:1.0.1.1.4.1.66.139&idno=38

(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.

§ 3.327 Reexaminations

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=6e50ac7e70761554ff316c134953a50a&rgn=div8&view=text&node=38:1.0.1.1.4.1.66.134&idno=38

(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;

(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 § 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]