100% P&t

[Bustedup11B]

I am a 100% scheduler & working, I got my rating in 2007. I have my kids going to college so it would be nice to have the P&T so they would be CH35 eligible instead of me spending big $$$ on their education (that I do now). I submitted about 18months ago to change it to P&T and said I have gotten worse. I just got a call from the VA an hour ago telling me I CAN NOT be a 100% scheduler P&T and work at the same time. I told him that's not correct. this went back and forth a couple times then he said I see you also want CH-35 for your kids I said yes, he said I will submit that for you. This guy did me no favors, The only thing he managed to do was waste 18 months. I can see it now "Final decision: CH-35 denied, you are not P&T" I am beside myself !!!!!!!!!!! Anyone have any words of encouragement for a man with kids half way through college?

[jbasser]

Hey Busted, Hang in there. Remember a P and T determination is actually made by the severity of youir disabilities based on a medical exmaination. The Key word is static.

Now with that being said, If you have the following issues, P and T is easier to get.

1: Heart disease with lower EF.

2: Pulmonary disease. Especially Pulmonary HTN.

3: C/L/T spine severe issues with raduclopathy. Weakness.

The VA rep was not totally wrong. If a Veteran is 100 percent for PTSD then he cannot work. It sounds like you were talking to a DAV or AL or other Vet Rep.

That could be a dangerous thing to do.

Basser

[brokensoldier244th]

Under CFR 38, Part 3 subpart a. it reads under "permanent and total"

Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

The difference between this and 100% schedular is that 100% non- P/T could improve, whearas the definition for P/T states otherwise.

Edited January 22, 2015 by brokensoldier244th