ptsd P&t Request

[Rob m]

Try ing help a vet put a request in for P&T.

Please comment if you think this looks good or needs changes.

Thanks

OVERVIEW-

Veteran has been rated by the VA (effective date of 01 Feb 2011) 100% schedular and requests assignment of permanent and total (P&T) status to this rating.

Justification-

Veteran suffers from several service connected debilitating injuries which have been determined though Neuro examination to be permanent in nature.

According to neurologist XXX X. XXX MD the veteran suffers from the following permanent service connected disabilities.

1. Skull fracture currently rated at 50%
2. Post traumatic migraines currently rated at 30%
3. Sequelaes of traumatic brain injury TBI currently rated at 40%
4. PTSD currently rated at 70%

Doctors Notes: This patients condition is permanent.(XXX X. XXX MD)

Veteran's notes: While Dr XXX did not comment on the veteran's post surgical scars, it could be easily theorized that these scars (currently rated at 30%) are permanent as the veteran has had these scars for more than 19 years with zero improvement or changes. The 4 items summarized by Dr. XXX plus addition of the scars easily pushes the veteran's overall rating past 100%.

Please consider and assign permanent and total (P&T) status to this service connected veteran.

See attached notes from Dr XXX

[meghp0405]

you have a doc that says this is permanent. I would say submit it!

[Berta]

INDEED!

I sure agree and need to add that once a vet gets either TDIU or 100% schedular, they usually always get some retro and some of that retro could be used for an IMO from either a civilian doctor on the field of their disability or from a Vocational Expert ,who can state, with a full medical rationale, that their disability is total and expected to last their lifetime, if their medical evidence warrants the P & T designation.

Once a vet with a TDIU or 100% rating is deceased,the VA then usually deems them P & T, if the spouse applies for accrued benefits.

I only have my personal experience to back that up.

If there was no accrued benefits due the spouse after a vets death (maybe Meg can answer this) yet the spouse applies for DIC or pension, I would think VA would still have to declare the vet was P & T ,with the same EED as the 100% or TDIU award?

Maybe this will help someone out there:

Husband had 30% SC rating for PTSD and filed for increase. The VA ignored his TDIU form. He died a few hours after the 800# told him his claim was still in the 'rating board' as we called it in those days.

Three years later , due to my accrued claim, a posthumous decision awarded 100% P & T SC for PTSD with an EED back to the last day he worked.

He also had a 1151 claim pending and at the 'rating board' for over a year when he died.

VA awarded 6 months at 100% "as if" SC under 1151 last year on that claim. ( 19 years after he filed the claim)

The medical evidence for the 1151 disability however warranted almost 2 years at 100 % P & T . I have challenged that award with evidence.

I assume a P & T designation would be automatically awarded for any deceased TDIU or 100% SC veteran,for accrued or DIC purposes ,as it makes sense.

But sense sometimes alludes the VA.

Any thoughts on that?

Edited April 19, 2013 by Berta