Tdiu For 17 Years Should I Put In For P/t?

[Hollis]

Thanks brother for the reply

[carlie]

I have received TDIU for the last 17 years with no future exams scheduled, but did not approve or deny for Chapter 35. also SSDI for 18 years.

When I speak to VA they say I am not P/T

How should I go forward if I want to now claim P/T?

I have TBI =70%

Tinnitus= 10%

Thanks

I have received TDIU for the last 17 years with no future exams scheduled, but did not approve or deny for Chapter 35. also SSDI for 18 years.

When I speak to VA they say I am not P/T

How should I go forward if I want to now claim P/T?

I have TBI =70%

Tinnitus= 10%

Thanks

Are you sure you have held a VA disability rating for TBI at 70 % for 17 years ?

I ask because prior to Oct 2008, there was no TBI in the schedule for rating disabilities

and the criteria VBA used capped out at 10 percent.

TBI had no criteria until Oct 2008.

Below is the evaluation criteria for DC 8045 - Pre TBI regs - Pre Oct 2008

Under Diagnostic Code 8045, pertaining to brain disease due

to trauma, purely neurologic disabilities are to be rated

under the diagnostic codes specifically dealing with such

disabilities. 38 C.F.R. § 4.124a, Diagnostic Code 8045.

Purely subjective complaints such as headaches, dizziness,

insomnia, etc., recognized as symptomatic of brain trauma,

will be rated at 10 percent and no more under Diagnostic Code

8045. Id. This 10 percent rating will not be combined with

any other rating for a disability due to brain trauma.

Ratings in excess of 10 percent for brain disease due to

trauma under Diagnostic Code 8045 are not assignable in the

absence of a diagnosis of multi-infarct dementia associated

with brain trauma. Id.

[COOL BREEZE]

My e-benifits states I have p & T for 70%, never received a letter with this though!

[scotish1]

No, I am single and at the time did not have a wife or kids, I did get a letter in 2000 for commissary card and in that letter it said no future exams! I appealed my first decision from 1998 and was granted effective date was 1996. post traumatic encephalopathy which they now call TBI, I believe. I cannot open a e-benefits account for what ever reason? I am not retired from service.

No, I am not qualified to receive disabled plates in the state I am in, Mass.

I am not familiar with a CUE claim, would be happy to learn about it, could be getting married in the next year and would like to know if I am eligible?

My most recent letter (Feb. 2013) from them states "Are you considered to be totally and permanently disabled due to your service -connected disabilities: No

Are you entitled to a higher level of disability due to being unemployable : yes

Do you need to be retired to get a e-benefits card?

Thanks for your reply's !!!

[john999]

In three years your TDIU will be a permanent rating that cannot be changed. I sure would claim Chapter 35 benefits if I don't have them. I got P&T after being TDIU for about a year. The VA just wants to know if your condition is static or if you will get better.

John