100 Percent And Working

[Vetta]

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Edited March 13, 2015 by Vetta

[john999]

If you are denied Chapter 35 (P&T) I would appeal it right away. I got it that way and I waited one year from the date of TDIU and got the Chapter 35 on appeal. Why wait 5 years? If you can get a doctor to say your condition is permanent or at least stable with no improvement likely then that is P&T in a nutshell. If you have dependents and get P&T then they can get help with school in the form of "money". You can solve many problems with that little letter combination P&T. Unless your award letter said you are being paid at 100% rate due to unemployability then you are not TDIU. If it says your combined rating is 100% then you are scheduler. Working is not so much of an issue for scheduler, but I would not broadcast it to the VA.

John

[Guest]

Be forewarned that it sounds like VA granted you 100% due to PTSD and if you request to be P & T, VA will most likely slap you with an incompetence proposal. If you are P & T you should have received a VA form 21-8760 in your packet. This happened to several veterans that I helped and as soon as they sent the P & T paperwork in, came the proposal letter of incompetence. Both veterans were found to be incompetent but that is the risk you take when VA grants you 100% due to PTSD.

I hope I am wrong and I wish you the best.

http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf

[Vetta]

If you are denied Chapter 35 (P&T) I would appeal it right away. I got it that way and I waited one year from the date of TDIU and got the Chapter 35 on appeal. Why wait 5 years? If you can get a doctor to say your condition is permanent or at least stable with no improvement likely then that is P&T in a nutshell. If you have dependents and get P&T then they can get help with school in the form of "money". You can solve many problems with that little letter combination P&T. Unless your award letter said you are being paid at 100% rate due to unemployability then you are not TDIU. If it says your combined rating is 100% then you are scheduler. Working is not so much of an issue for scheduler, but I would not broadcast it to the VA.John

Thank you John. Hmmmm... My claim says " your overall or combined rating is 100%. More then likely I will be leaving my job I just need to tie up some loose ends.

Thanks

[Vetta]

Be forewarned that it sounds like VA granted you 100% due to PTSD and if you request to be P & T, VA will most likely slap you with an incompetence proposal. If you are P & T you should have received a VA form 21-8760 in your packet. This happened to several veterans that I helped and as soon as they sent the P & T paperwork in, came the proposal letter of incompetence. Both veterans were found to be incompetent but that is the risk you take when VA grants you 100% due to PTSD.

I hope I am wrong and I wish you the best.

http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf

Hi Pete yes that paper work is in my package. The incompetence paper work is also there. I'm going to appeal. Would it be a good idea to set up a hearing or write a letter or both? What evidence could I use to support I am competent? I have excellent credit own my home have never been behind in any of my bills.

[Vetta]

Be forewarned that it sounds like VA granted you 100% due to PTSD and if you request to be P & T, VA will most likely slap you with an incompetence proposal. If you are P & T you should have received a VA form 21-8760 in your packet. This happened to several veterans that I helped and as soon as they sent the P & T paperwork in, came the proposal letter of incompetence. Both veterans were found to be incompetent but that is the risk you take when VA grants you 100% due to PTSD.

I hope I am wrong and I wish you the best.

http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf

I think I am permanent my paper work states

" we assigned a permanent 100% disability evaluation for your service connected disability effective ----

No examination will be scheduled in the future for your permanent and total disability

[Guest]

The best way to fight the incompetency proposal is to get your treating mental health doctor to write a note in your progress report that you are competent to manage your own finances and send it in to respond to VA incompetence proposal letter and see what VA will do.

With only two service connected conditions, 30% carpel tunnel and 70%-100% PTSD (?) I am not sure what they rated your PTSD condition, it is not normal for VA to grant P & T.

It sounds as if VA did grant you P & T. Do you have any other ratings? Did your C & P examiner state that you were incompetent to manage your own finances? Did your C & P examiner state that your condition is permanent and total?

VA medical doctors don't like writing letters so I learned that they are more willing to put a note in your progress report and that is how I got my 100% schedular rating.