tdiu Does 100% P&T Rating = TDIU

[Big Country]

Crazy Question:  If you are 100% Permanent and Total, are you then TDIU?  

[US NAVY DAV]

Just to further chime in here, ChampVA told me the other day alot of guys will call to get signed up once they get 100% but its not 100% that makes you eligible its the T&P.  Now for the children its 18 or younger in school to 23 (college) not married.  

To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:

1. The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.
2. The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.
3. The surviving spouse or child of a Veteran who was at the time death rated permanently and totally disabled from a service-connected disability.
4. The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).

http://va.gov/PURCHASEDCARE/programs/dependents/champva/champva_eligibility.asp

[Berta]

Lots of excellent advice here from everyone ! Pete 992 also made, last month in this thread a VERY good point about SSA...get info in writing!

SSA tried to discourage my husband years ago for filing a Reconsideration for a better SSA EED..,.by phone, knowing he had PTSD and a stroke.I got on the phone and they could not intimidate me.

The SSA office then allowed my request  to peruse their legal manual ( but it took hours to find what I needed) and I used a copy of one page their legal manual to get him a better EED, and for a SC condition (the first SSA award was NSC).

In the meantime I also called a SSA lawyer, and when we got there he immediately told us the reconsideration would be denied and he would not even look at our evidence.

A few months later I called the lawyer up and told him he lost over 4 thousand bucks.

He was stunned.

The retro and better EED , for the SC condition instead of the NSC one, was over 17 thousand bucks.

Don't be discouraged by anyone....whether VA, SSA, vet reps, and even lawyers, if you feel you have solid evidence to support your VA and/or SSA claim.

After my husband's death I had to re-open his 30% SC PTSD claim and the VA gave him an additional year EED, from his filing date, because of the SSA award that resulted from the Reconsideration Request.

The good thing (and I hope it was true) is that the SSA lawyer and I had quite a long discussion when I explained to him why the reconsideration request succeeded. He said he would never look at a PTSD SSA claim the same way again.

Although VA says SSA  awards are not binding on them, the fact remains that an SSA award, solely for a SC condition, is an actual IMO determination from a real doctor , and the VA almost always grants TDIU or 100% in that case, when they have documentation of the SSA award.

Another superb point Pete992 made in this thread bears repeating:

"If a veteran pass away due to a non-service connected condition then his/her family would not be eligible for DIC or any other benefits.  Yes a veteran can continue filing claims to get SMC payments but the real deal is to make sure any life threatening condition is service connected."

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So True. Great work here Pete! 

Also an 1151 death will garner DIC but NOT CHAMPVA or Chapter 35.

Yet a Section 1151 death can also become a direct SC death, as in my case, but that is very hard to do.

I was granted Chap 35 and CHAMPVA, with my 1151 DIC years ago only because , due to the posthumous 100% _P & T VA rating of my husband's SC PTSD ( the reason for the SSA reconsideration,) and then got an even more favorable EED for Chap 35 when I proved direct SC death.

VA plays around with us, making us play part of a game, a war game.

I like playing war games. NOTHING is impossible!

 

 

[GARYLINN]

On 12/25/2015 at 8:54 AM, HorizontalMike said:

Boy Buck! You are voicing my same concerns, at least going forward!  ME, same age, 70% schedular and 100% TDIU, as of this month.  I have been researching the part about the annual unemployment questionnaire requirement, AND I WOULD NOT WANT TO RISK NOT SUBMITTING THAT ANNUALLY. 

Finding several incidents online where VA does not send out the questionnaire but STILL dings the vet for not submitting on time, thus kicking off another round of C&P exams, possible rate reduction, and possible suspension/delay of your 100% monthly TDIU (thus kicking you back to Schedular Rate. It is NOT the responsibility of the VA to make sure they mail you the form, BUT it IS your responsibility to submit it annually.  Just saying... 

My problem may end up being that my lawyer wants to stop at only getting the 100% TDIU from getting a single disability rating to 70%, and thus skipping the MDD and OSA cases, either of which would raise me to 90-100% Schedular. SEE my post about halfway up the page, as to what the lawyer said.

I have been 70% for Eight years paid at 100% Unemployability.  I have never sent a Questionnaire form in.....I had never even heard of it 'till just now reading your post.  I just had a C and P exam in the beginning of February and waiting to hear back....I read my report from the doctor and it says everything that needs to be checked off for me to get 100% just on MDD.  We will see.  Anyway, I have not received a questionnaire to fill out in all of these eight years.  Interesting, eh?

[Buck52]

I would suggest you fill out the questioner and send it in to your desanated ''Claims Intake Center'' ASAP.

I did stop sending one in after I got a letter from RO saying I don't need to send in the questioner...but some how that letter got lost or burned up in our fireplace IDK what happen to it?

  but now without proof is it ok not to send it in?...>  I sent one in last year before filing a claim for PTSD  And I'm awfully glad I did now b/c  the VA used that form as part of my evidence to my PTSD Claim.

Although with a 70% PTSD Increase Rating that put me up the the 100% and inferred me to SMC-S Home Bound& still TDIU P&T

I am going to be sending  one in every year from now on or until RO sends me a letter telling me not to  and guard that letter with my life.

I have 14 consecutive years in with TDIU P&T

Its always better to be safe than sorry.

jmo

.................Buck

Edited March 21, 2016 by Buck52

[HorizontalMike]

 

8 minutes ago, Buck52 said:

I would suggest you fill out the questioner and send it in to your desanated ''Claims Intake Center'' ASAP.

...[snip]...

I am going to be sending  one in every year from now on or until RO sends me a letter telling me not to  and guard that letter with my life.

its always better to be safe than sorry.

jmo

.................Buck

BINGO BUCK! You can never have too much info for the VA.  Great plan.