Total and Permanent Question

[NinjamanCO]

I did a FOIA request and got a copy of my code sheet.  I was curious if I should be total and permanent based off my disability ratings.  All are static except for one but if I just use the calculator on all the rest, I get to 100% as well.  Thanks for your input.

 

9434 MAJOR DEPRESSIVE DISORDER WITH ANXIOUS MOOD AND INSOMNIA DISORDER Service Connected, Gulf War, Incurred Future Exam April 2021 70% from 03/01/2018
5237 LUMBOSACRAL STRAIN (CLAIMED AS MID BACK DEGENERATION AND LUMBAGO) Service Connected, Gulf War, Incurred Static Disability 40% from 03/01/2018
8513 RADICULOPATHY, RIGHT UPPER EXTREMITY ASSOCIATED WITH CERVICAL STRAIN (CLAIMED NECK DDD) Service Connected, Gulf War, Secondary Static Disability 40% from 03/01/2018
8520 RADICULOPATHY, RIGHT LOWER EXTREMITY (CLAIMED AS SCIATICA) ASSOCIATED WITH LUMBOSACRAL STRAIN (CLAIMED AS MID BACK DEGENERATION AND LUMBAGO) Service Connected, Gulf War, Secondary Static Disability 40% from 03/01/2018
8520 RADICULOPATHY, LEFT LOWER EXTREMITY (CLAIMED AS SCIATICA) ASSOCIATED WITH LUMBOSACRAL STRAIN (CLAIMED AS MID BACK DEGENERATION AND LUMBAGO) Service Connected, Gulf War, Secondary Static Disability 40% from 03/01/2018
5252 RIGHT HIP TROCHANTERIS PAIN SYNDROME WITH LIMITATION OF FLEXION Service Connected, Gulf War, Incurred Static Disability 30% from 03/01/2018
7319 IRRITABLE BOWEL SYNDROME WITH GASTROESPHAGEAL REFLUX DISEASE Service Connected, Gulf War, Incurred Static Disability 30% from 03/01/2018
8513 RADICULOPATHY, LEFT UPPER EXTREMITY ASSOCIATED WITH CERVICAL STRAIN (CLAIMED NECK DDD) Service Connected, Gulf War, Secondary Static Disability 30% from 03/01/2018
9905 TEMPOROMANDIBULAR JOINT DISORDER (CLAIMED AS TMJ) Service Connected, Gulf War, Incurred Static Disability 30% from 03/01/2018
5237 CERVICAL STRAIN (CLAIMED NECK DDD) Service Connected, Gulf War, Incurred Static Disability 20% from 03/01/2018
5253 RIGHT HIP TROCHANTERIS PAIN SYNDROME WITH IMPAIRMENT OF THIGH Service Connected, Gulf War, Incurred Static Disability 20% from 03/01/2018
5260 RIGHT KNEE STRAIN (ALSO CLAIMED AS RIGHT LEG PAIN) Service Connected, Gulf War, Incurred Static Disability 20% from 03/01/2018
5215 LEFT WRIST SPRAIN Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
5215 RIGHT WRIST SPRAIN WITH STATUS POST CYST REMOVAL Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
5251 RIGHT HIP TROCHANTERIS PAIN SYNDROME Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
5260 LEFT KNEE STRAIN Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
5279 METATARSALGIA STATUS POST RIGHT FOOT SURGERY Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
6260 TINNITUS Service Connected, Gulf War, Incurred Static Disability 10% from 03/01/2018
7804 PAINFUL SCAR, RIGHT FOOT ASSOCIATED WITH METATARSALGIA STATUS POST RIGHT FOOT SURGERY Service Connected, Gulf War, Secondary Static Disability 10% from 03/01/2018
6522 ALLERGIC RHINITIS Service Connected, Gulf War, Incurred Static Disability 0% from 03/01/2018
7336 HEMORRHOIDS Service Connected, Gulf War, Incurred Static Disability 0% from 03/01/2018
7805 RESIDUAL SCARS, RIGHT FOOT AND RIGHT WRIST ASSOCIATED WITH RIGHT WRIST SPRAIN WITH STATUS POST CYST REMOVAL Service Connected, Gulf War, Secondary Static Disability 0% from 03/01/2018
8100 MIGRAINE HEADACHES Service Connected, Gulf War, Incurred Static Disability 0% from 03/01/2018
 

[vetquest]

If this is correct it looks like you should have 100% scheduler?  Are these new?  What is your current percentage?

[FormerMember]

The highest schedular rating he lists is 70%. Perhaps 100% combined? If enough of the overage above the 100% is related to an independently rated disease or injury, he might qualify for SMC S. Looks like he's TDIU.

[GeekySquid]

On 10/23/2018 at 5:40 PM, NinjamanCO said:

I was curious if I should be total and permanent based off my disability ratings

@NinjamanCO

The terminology may be your sticking point. and Asknod may have the accurate answer. You may be TD/IU meaning you are rated as not being able to work. You may be 100% schedular if the various conditions are not rated as bilateral.

A static condition is not the same thing as a P&T (Permanent and Total) condition. Static just means it is not currently changing since the last exam. It looks like, and I am not a doctor or a VA rater, that some of those might be calculated as bilateral conditions or secondary. If they are bilateral the VA math gets wonkier.

There are two easy ways to check if you are 100% P&T or TD/IU.

Look at your decision letter (The BBE/BBW stuff) and see if you have Dependent Ed Assistance paragraph like the one below. I believe you only get Chap 35 DEA if you are 100% P&T. If it has that highlighted phrase you are P&T. 

2. Eligibility to Dependents Educational Assistance under 38 U.S.C. Chapter 35.
Basic eligibility to Dependents Educational Assistance is established from August 16, 2018.
Eligibility to Dependents Educational Assistance is derived from a veteran who was discharged
under other than dishonorable conditions; and, has a permanent and total service-connected
disability; or a permanent and total disability was in existence at the time of death; or the veteran
died as a result of a service-connected disability. Also, eligibility exists for a serviceperson who
died in service. Finally, eligibility can be derived from a service member who, as a member of
the armed forces on active duty, has been listed for more than 90 days as: missing in action;
captured in line of duty by a hostile force; or forcibly detained or interned in line of duty by a
foreign government or power.
Basic eligibility to Dependents Education Assistance is granted as the evidence shows the
veteran currently has a total service-connected disability, permanent in nature.

 

Also look in Ebenefits at your letters. You will have a Commissary Letter if you are rated at 100% either TD/IU or P&T. If you are P&T it looks like this:

We are providing you with this letter so you may receive commissary store and exchange privileges from the Armed Forces.

This is to certify XXXXX is an honorably discharged veteran of the XXXX and is entitled to disability compensation at the 100 percent rate due to service-connected disability(ies).

This total disability is considered permanent. You are not scheduled for future examinations.

(if you are TD/IU you will see a scheduled future exam date I believe as your commissary privilege ends on that date unless the Review C&P continues your status or makes you P&T).

Let us know what you find out