tom91 Posted April 15, 2013 Share Posted April 15, 2013 How do you get permanent and total disability assigned? How do you go about it and what are the requirements? Link to comment Share on other sites More sharing options...
justrluk Posted April 15, 2013 Share Posted April 15, 2013 P&T is assigned by the combined mathematical value of your service connected conditions (>= 95% rounded to 100%). If you have done the math on your rating, you'll notice the percent of a percent method the VA uses to calculate your overall rating. Have any of your highest rated conditions worsened since you initially received your rating? Link to comment Share on other sites More sharing options...
meghp0405 Posted April 15, 2013 Share Posted April 15, 2013 P/T is not assigned to anyone/everyone who has been rated 100% scheduler. I base that on the rating decisions that I review with the veteran. I have also assisted a few vets in applying for P/T. I just completed a 21-4138, requesting an evaluation for P/T. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted April 15, 2013 Moderator Share Posted April 15, 2013 Meg is correct. There is a temporary 100% rating, often w surgery and sometimes cancer. If your condition is unlikely to improve, as Meg said, simply submit a 21-4138 requesting it. Some people do not know if they are P and T or not. The VA has "its own lingo". When the RO decision says either "eligibility for Ch. 35 is established" or that you have no future exams scheduled, this means P and T. Of course, state governments, cities, etc, dont "get" VA lingo, so you have to have the VA "prove" you are P and T for things like fishing licenses, tax breaks, and the like, that goes with P and T, since the VA wont come out and say it always. Link to comment Share on other sites More sharing options...
carlie Posted April 16, 2013 Share Posted April 16, 2013 In one of my last DRO correspondance (21-4138) I explicitly wrote that, when the remaining issues under appeal were adjudicated to be SC'd then my evaluation would be more than the 100 percent plus 60 percent - with at least one individual disability being evaluated at 100 percent, thereby meeting the criteria for SMC/S - I requested the SMC/S and P&T status be granted in the same DRO decision. When everything went to BVA and when their decision was made in late 2011- BVA agreed with what I put in the record which forced my St Pete VARO to provide a retro effective dated back to that 21-4138 of 2004, for both SMC/S and P&T status. I did this so I would also have a leg up towards my 20 years, for protection of benefits. Link to comment Share on other sites More sharing options...
Question
tom91
How do you get permanent and total disability assigned? How do you go about it and what are the requirements?
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Apr 15
4
Apr 16
1
Top Posters For This Question
broncovet 1 post
tom91 1 post
justrluk 1 post
meghp0405 1 post
Popular Days
Apr 15 2013
4 posts
Apr 16 2013
1 post
4 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now