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Couple Of Questions !


SANDMAN

Question

I just received TDIU not P&T , claim was back dated to July 2009 . So basically 5 1/2 yrs this way , no change . Should i put in for P&T

now . SSDI has me down as medical improvement not expected ( MINE 7 ) The Champva and DEA 35 benefits would greatly benefit my family as the have no health insurance and i have a 18 yr , 17 yr & 15 yr old . The educational benefits would be huge .

Next question : Ive researched this but cant find a clear answer, being 100 % TDIU , am i entitled to commisary and mwr benefits or not. If so do i just call the 800 # about 165 times till i get thru and ask them for a letter. My letters on ebenefits say nothing about comm or mwr.

Thanks for all the replies ,

SGT SANDMAN

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  • HadIt.com Elder

Georgia requires P&T for full state and county benefits. However many laws are in a state of change.

Traditionally, the benefits you mention have been available to 100% P&T.

The fact that you are collecting SSDI shows that improvement is not likely.

That alone can be a basis for requesting P&T. I'd likely add an IMO that concurs.

I'm assuming that the basis for your SSDI is service connected.

Edited by Chuck75 (see edit history)
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You may consider filing a NOD for P and T and eligibility for Chapter 35. However, reread your decision CAREFULLY. The VA puts this in "code" to confuse. If your decision says, "no future exams scheduled" you probably ARE P and T. Most decisions dont specifically state "P and T" but say something like no future exams scheduled, or sometimes say "nothing". Try calling the 800 number and asking if you are eligible for chapter 35 for dependents (that is, you are P and T, if your decision does not so state).

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If you're over 55 years old, and retro'd to 2009 for tdiu you should be automatically p/t. Over 5 years of tdiu your disability is considered stable therefore automatically qualifying you for permanent and total with all the perks that come with this rating. 38cfr.

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