Permanent And Total Your Input Please

[Tbird]

i am sending an email to the va asking them to define permanent and total and to ask the following questions

if you are permanent and total what if any reasons will they take that status away, and what reference to usc 38, cfr38 and va manuals details that process

if you are rated permanent and toal is it protected, except for fraud, and what reference to usc 38, cfr38 and va manuals details that process

what is the 10 year, 20 year protection mean and what reference to usc 38, cfr38 and va manuals details that process

etc.

what other questions or how should i form this query to the va's email system.

[Guest jstacy]

Hi, T- Bird, Try this one for P and T and individual unemployability. http://www.warms.vba.va.gov/admin21/m21_1/...1/ch01_secb.doc

This referenes protected ratings: http://www.warms.vba.va.gov/admin21/m21_1/...8/ch08_secc.doc

Edited November 8, 2006 by jstacy

[Tbird]

excellent let's see what they say, shall we?

[Vike17]

Tbird,

if you are permanent and total what if any reasons will they take that status away, and what reference to usc 38, cfr38 and va manuals details that process

The only way the VA can legally take an IU rating away is if they become aware that the veteran has gained employability. If the VA becomes aware that a veteran with IU is working, that will prompt them to schedule a C&P exam to to take a look see. I'll see if I can't find the regulations as I don't know it off the top of my head.

if you are rated permanent and toal is it protected, except for fraud, and what reference to usc 38, cfr38 and va manuals details that process

If the IU rating has been in force for more than 20 years, then it is protected and cannot be severed/reduced, except for fraud. A while back i ran across the regulation, but I can't seem to find it. When I do, I'll post it for you.

what is the 10 year, 20 year protection mean and what reference to usc 38, cfr38 and va manuals details that process

If a rating has been in force for 10 years, service-connection cannot be severed unless fraud was involved. See §3.957. If a rating has been in force for 20 continuis years, the rating cannot be reduced. See §3.951.

Vike 17

Edited November 8, 2006 by Vike17

[vaf]

How does the VA define "unusual circumstances?"

Also, do they scrutinize 100% schedular disability ratings differently than 100% TDIU? If so, what criteria is applied in each case?

That's what I would like to know about P & T.

[timetowinarace]

I'd like to know those answers. I just recieved P&T status for a 100% schedualar rating and am wondering how safe it is. I can file additional claims that I'm sure I'd get awarded, but don't think it's worth the possible re-eval on the current rating. I still have a lack of trust for the VA proccess.

Time

[vaf]

Time, I don't think a 100% schedular rating, or any other rating for that matter, enjoys any degree of "safeness" before the twenty-year mark. My husband is 100% schedular P & T effective August 2003, so there's still the possibility the VA will try to reduce him.

My intention with his claims is to have everything that warrants a rating, in fact, rated. I'm doing this because I expect the VA to try to reduce him sometime in the next few years and want to create a margin of protection.

Right now, he's got claims pending at the VARO, two remands pending at the Appeals Management Center, and a pending appeal on several other claims before the Court of Veterans Appeals.

I expect them to take a run at him strictly because of his current rating, and not as punishment for filing additional claims or appeals. So, my position is that we've got nothing to lose by pursuing ratings for conditions that deserve to be rated.