Basic Eligibility For

[Stretch]

Determination for VA P&T disability.

http://www.house.gov/htbin/crsprodget?/RL3...ozman.house.gov

The disability determination is undertaken on a case by case basis. Congress has

provided some guidance in this process. A veteran is to be considered to be

permanently and totally disabled if the veteran is in any of the following

circumstances:

1) nursing home patient for long term care because of a disability;

2) disabled, as determined by the Commissioner of Social Security for the payment of

Social Security benefits;

3) unemployable because of a disability which is reasonably

certain to continue through the claimant’s life; or

4) suffering from (a ) a disability

adequate to render it impossible for the average person to be gainfully employed, if

the disability is expected to continue for the life of the person; or (b ) a disease or

disorder determined by the Secretary of Veterans Affairs to per se result in permanent

and total disability... (70)

(70) 38 U.S.C. § 1502.

[JohnM]

This is interesting:

I would like to get into the website but it says permission denied. How do I get into it?

Thanks

[john999]

Interesting about the SSDI receipt as being considered proof that a vet is P&T. So we know that any vet who is no longer able to work should ,by all means, apply for SSDI. I got SSDI years before I got IU and another year before I got P&T.

[LarryJ]

I let the VA know, right off the bat, that I was intending for my rating to be P & T due to being found disabled and receiving SSDI, and I included the SS claim award letter along with my initial VA claim.

And, my last (and only REAL VCAA) letter indicated that they were actually in receipt of this SSA determination via the award letter from SSA.

But, also, in this same VCAA letter, they say that they are WAITING to hear from Social Security. ????

[Pete53]

I have heard that if you can show the VA that your SSD started prior to the VA Award of Disability you probably can get an earlier effective date from the VA.

[LarryJ]

Really?

Hmmmmmm?

I'm lookin around here, trying to find my calculator...............

:D

[Stretch]

Sorry about that, and I didn't realize that the link needed permission. I will post the Basic Eligibiltiy PDF.