Permanent And Total Disabled

[tom91]

How do you get permanent and total disability assigned? How do you go about it and what are the requirements?

[justrluk]

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?

[meghp0405]

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.

[broncovet]

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.

[carlie]

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.