tdiu What Protections come from being P&T?

[wablackwell]

Hello, I know that being P&T is a good thing, but I was told that the VA Still reduce your 100% rating. How does being P&T protect you from future reduce benefits and what are its limitations? What is the difference from being 100% P&T schedular  compare to TDIU P&T? Are they equivalent? I am Just trying to educate my self on the claims process any input would be appreciated. Thanks Bill

[Guest]

When a veteran gets P & T, VA is not likely to reduce his/her combined rating. P & T is the same for shcedular and TDIU it's benefits for a veterans dependents and medical care. There is no real protection until a rating hits 20 years.

Here are the other benefits

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

Edited May 6, 2016 by pete992

[Navy04]

Sorry to say that there is no protection. I am 100% P&T with no Future exams since last year. Well in February out of no where a Claim showed up on Ebenefits that said New for a SC condition that I have currently at 40%. Local VA called  me in for a Review Exam the following week. The Exam was not too comfortable thats for sure. Well this week the claim went to Complete, but my SC Disabilities %s did not change, and my AB8 letter still states 100% P&T. I think that the VA was trying to pull a fast one on me, as I am only 34 yrs old, yet I am Medically Retired from the Navy, and Permanent SSDI disabled. Always and I Mean Always keep up with your treatment, and never get too comfortable bud.

[wablackwell]

Thanks, This gives me a better understanding of this topic.

[wablackwell]

Did some research and found the following information. I going to post it for those who are also interested in this topic

What is a Permanent & Total rating?

In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like DEA & CHAMPVA.

Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate (and lower) your rating.

How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent.

Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter.

If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary.

VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you.

As a rule, most mental health conditions and cancers will be temporary ratings.

A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition