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Should I apply for P&T?

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cook_15

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Hello... I am wanting to know about my current situation and what you guys think? I am currently sitting at 100% non-permanent. I have been rated at this since 2014.  Last year I had a reevaluation C&P for my PTSD and my rating for that went from 70 to 100.  I got a slight bump in compensation as well with the addition of one of the SMC's (I don't remember which one--but I started getting an extra $400 or so in addition to my regular 100% amount I had gotten before).

I have 11 individual disabilities that are rated at 10% each, and then I have sleep apnea at 50% and now my new rating for PTSD which is 100, for a total of 260%.  When I did my C&P last October, although some of my symptoms for PTSD had improved, the C&P doc said that my depression and anxiety has gotten worse... I know my wife would agree probably... but I dunno... it is what it is... I hope to again someday feel normal and not have the need for these meds... 

Anyway, I've been struggling to get back to work and haven't worked in over half a year and I realized the job I had last year and the year before (after I retired from the Corps) was kept afloat from my boss who had a lot of compassion for me, but since moving on from that job and trying something different I realized I'm not so cut out for the civilian workforce.. I tend to not mesh well with civilians and my anxiety goes through the roof when I face situations that frustrate me--which was quite often.  

When I did my C&P exam last fall for my re-eval I told the doc that and I wonder if that had any bearing on my upgraded rating?  I dunno.  I wasn't expecting the upgrade to 100 for ptsd alone but I guess I'll take it, but I wonder if that means I can't work again? Me being at home is adding stress to my plate having to deal with family stuff so regularly etc and I have 3 small kids... it's just tough and want to try to get out and get some kind of a job.  Hopefully.  Even if it's just at Home Depot or something like that.. part time even.  My letter that came said nothing about unemployable but they did say I could fill out a form for it if I wanted, but I didn't.  I don't want to be labeled as that.  

Sorry for the long post.. I kinda don't know what to ask, but I have some other friends who I retired with that told me I ought to try to get labeled by the VA as P&T, but I really have no idea what that means or if I should risk applying for it.  Can someone tell me?  I don't really see myself improving much any time soon, in fact, I wish I lived in a state that had legal medicinal marijauna so I could see if that might help me and allow me to get off of all these meds.  (I take 3 different meds from mental health that have various side effects that I am tired of, not counting what I take for pain management)

Thanks in advance. I guess what I hope to hear is what you guys would do in my situation?  I don't mind going to my appointments at the VA, but it's easier now to do that since I'm not working.  I average 3-4 a month... I guess it would be nice not to go anymore, but then I feel I would be cutting myself off from possibly getting better.  I wonder if I should try getting help outside of the VA?  Does anyone do that for mental health? Anyway, again sorry to ramble... 

Thank you,

 

Edit: by the way, I am a retired Marine 0369 with 6 deployments under my belt.. 2 in support of OIF.  

 

Edited by cook_15
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Semper Fi brother man,

i have been thinking the same thing From what I gather P and T means your rating is permanent with no future C&PS in the future with family benefits and a few other things. I have actually just requested the P and T in January but no movement yet still early though. I was rated at 90% since 2010 and more recent been put on 100% IU with SMC S. My Primary doctor says I slipped through the cracks and should be permanent and total so hes the reason  I filed. I laughed and said the cracks do you mean like the Grand Canyon of the VA system, he gave me a serious face for like ten seconds then started cracking up. Gotta laugh it's my copying mechanism for my short memory issues. But know even though you just had a C&P they will have the chance to recant what they gave you if they say your better this time then your last. If you are sure nothing has changed you have nothing to lose except time you have now obsessing over your claim. 

 

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  • HadIt.com Elder

If you get rated TDIU or 100% scheduler I advise every vet to claim P&T if you are denied Chapter 35 in your decision.   When I got TDIU I was denied Chapter 35.  I appealed  via a NOD immediately.  By the time my claim for Chapter 35 was reviewed a year had passed and since there was no change the VA granted  Chapter 35 which is P&T. I also had an IMO saying I was P&T.    So I have been P&T since August 2001 when my original claim for TDIU was made.  I did not win the appeal until 2002 but it was retro back to August 2001.  If I have a serious claim I also try and get an IMO to go along with it.   The only claims I have not had IMO for were for Agent Orange claims.  For secondary claims I always get a medical opinion saying the SC primary disability is the cause of the secondary condition.  If you want to get your claim approved without years of appeals this is a good way to do it.  To trust only on a VA C&P exam is like playing craps in Las Vegas.   The house usually wins.

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On 2/18/2017 at 0:14 PM, john999 said:

If you get rated TDIU or 100% scheduler I advise every vet to claim P&T if you are denied Chapter 35 in your decision.   When I got TDIU I was denied Chapter 35.  I appealed  via a NOD immediately.  By the time my claim for Chapter 35 was reviewed a year had passed and since there was no change the VA granted  Chapter 35 which is P&T. I also had an IMO saying I was P&T.    So I have been P&T since August 2001 when my original claim for TDIU was made.  I did not win the appeal until 2002 but it was retro back to August 2001.  If I have a serious claim I also try and get an IMO to go along with it.   The only claims I have not had IMO for were for Agent Orange claims.  For secondary claims I always get a medical opinion saying the SC primary disability is the cause of the secondary condition.  If you want to get your claim approved without years of appeals this is a good way to do it.  To trust only on a VA C&P exam is like playing craps in Las Vegas.   The house usually wins.

So when I was granted TDIU I then requested in writing to be permanent and total since I know the doctor didn't have my MRI which was done two weeks later after my TBI review. I didn't file a NOD but essentially requesting it in writing  and a NOD are the same thing in my case It's not something that can be backdated and normally NOD takes years and years to get through. I currently have two issues on the appeal track right now from August but figured to do this in writing might go quicker they tell me someone's working on it right now and to look at the end of the month which I have a suspense date of the 24th for my letter. I don't know how long you've been waiting for P n T..

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  • HadIt.com Elder

If your condition has been static for at least a year you can get P&T.  I know it because I did it.  My IMO did not hurt.   I see vets here waiting 5-10 years to get P&T and that is just a waste since with P&T your spouse gets insurance and your kids can get education.  Also, in my state it means no property tax which saves me about $2000 a year.  I have enough expenses and taxes as it is.   You know if you make a few bucks over what you might get in SSA or SSDI you will end up having to pay tax on that as well.  My pension (29 Years federal service) and my SSA are taxed as regular income just because I make a few bucks in dividends.   So get every dime and benefit from the VA you can get because you will need it.

 

                      John

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