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TDIU Question

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Wayne TX

Question

Provided one qualifies for TDIU within the 40-70 disability rule or greater........is it wiser to go for the TDIU claim first and then later on add the P &T........or do you have as equally a good chance with strong IMOs and disability factors to seek TDIU with P&T claim right at DRO Hearing.  Just curious if TDUI is more likely granted if P&T is not added initially but say 6 months-1 year later?  Has anyone here applied for a claim of TDIU with P&T initially?

Edited by Wayne TX
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  • HadIt.com Elder

Wayne

Usually it depends on your disability and the severity as to warrant the P&T

THEY LOOK AT THE SEVERITY OF THE DISABILITY AND USUALLY WARRANT THE P&T &  at a DRO Hearing you can show the DRO UP CLOSE JUST HOW BAD YOUR SC DISABILITY IS

combined ratings that warrant a TDIU Rating  that means the disability is pretty bad it is the cause you can't work  that's why we have the TDIU If a veteran don't meet the 100% rating  criteria 

If your disability is seen as NOT expected to improve in your lifetime with proof of medical evidence and a Dr Opinion  then usually P&T Is Granted & NO FUTURE EXAMS SCHEDULED

However if you feel you should be granted P&T Then show how the medical evidence warrants that , b/c sometimes the raters don't read all your evidence when they award a 100% ratin

you can request the P&T based on the severity of the S.C. Disability.

If you feel P&T is warranted  REQUEST IT AND LET THE VA Know Why according to the severity and mass of the disability.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Check out Jim strickland ''WatchDog'' About what warrants the P&T  He explains it better than I.

check out the ''unless your 55 or older part.''

https://www.vawatchdog.org/permanent-and-total--p-t.html

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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I was over 55 when I was awarded UI without P&T because I did not request it.  I realize that they are supposed to do everything in their power to help you but if you do not ask for it you most likely will not get it.  So I would request P&T.

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@Wayne TX I asked and was granted P&T initially, my case is unique in an ongoing MST - inmate scenario.

Not sure if the severity of my trauma was the key, The DRO reviewer told me in the 10 years she had been doing claims, mine was the worst she had seen.

I think I was blessed to have someone read my information/ give and accurate review/ award - although my TDIU was short from the day I stopped working 9 months earlier and was only awarded to the day I filed. .... my oversight but this process was exhausting for me..... 

and as I said ongoing.... 

 

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