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ILSoldier

Requesting 100% P&T

Question

Hey Everyone, it has been a while since I last wrote on this forum.

I have a question around requesting 100% P&T. So here is the gist of the situation that I am in. Last year I was rated 100% after a long drawn out fight with the VA. The reason I finally got to 100% was due to a flare up with my left knee which put me over the top with a future exam in 2020.

Today I received a 50% rating for Migraines. My migraine rating went from 30% to 50% with no scheduled exams. After using the disability calculator (to see where I am at) I realized that Even if they downgraded my knee rating to 0% I would still be rated at 100%. I have no scheduled future exams for anything  but my knee.

Being said, What should I Do? Should I request P&T and do you all think I have a chance of success? If so, how do I go about doing that. Should I go through the DAV?

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Usually when I've seen p and t granted it was for static conditions that you've had for a long time with no changes. I guess it depends on how long you've had your various conditions. Your file a claim for it just like any other, in my experience.

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There is no harm in requesting P&T.  It will probably trigger several C&P's.  I am just curious why you want to apply for P&T though.  You sound like you will get P&T in 2020 unless your conditions improve, which we all know will probably not happen.

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I personally would wait until your 2020 exam to request it. But I would submit a Dr medical opinion/exam that’s states the conditions are permanent and total ect ect. 

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Hey everyone, I appreciate all the feedback. I took all of your advice and left it alone and I will let it work through the system.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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