P&T

[ShrekTheTank]

Is there a way to ask the BVA to look at your disability as permanent and total?  Not sure how it works.

[ShrekTheTank]

I am trying to figure out if I need to be 100% or P&T?

Student loans can be quite a burden on any borrower. Discharge of that student loan debt can be very difficult. However, if you have served since you took out certain kinds of subsidized or direct student loans for college or graduate school, you may qualify for a discharge or partial or full forgiveness of your loans. You may also qualify for a discharge if you have become disabled since you attended school.

We will discuss options for discharge or forgiveness for:

• Federal Family Education Loan Program
  • Subsidized and Unsubsidized Stafford Loans
  • PLUS Loans for Parents
• Federal Direct Loans
• Federal Perkins Loans

Note: These rules apply only to the loans listed above. If you have a private student loan or state loan, these rules do not apply. Not sure whether your loan is a federal loan? Consider these following rules to determine what type of loan you have:

1. If your interest rate is above 8.5%, you may have a private loan rather than a federal loan.
2. Check the Department of Education’s National Student Loan Data System. Only federal loans are listed in the system.
3. Still don't know? Ask your student loan servicer.

How do I request a discharge for total and permanent disability?

All three of the Federal student loan programs allow you to discharge your federal student loans in the case of “total and permanent disability.” Total and permanent disability means that your impairment can cause death or has lasted for 5 years and can be expected to last for at least an additional five years.

The federal loan servicers recognize the disability determination made by the VA. If you already have service-connected disabilities and you have a total rating of 100%, you qualify for a loan discharge under the above federal programs. You also would qualify if you are not rated 100% but have a TDIU (Total Disability and Individual Unemployability) determination by the VA.

[broncovet]

No.  You dont "ask the BVA" for an initial decision.  The BVA is an appeal body, and you must first have a VARO decision, and timely appeal it, for the Board to have jurisdiction.  

(There is an exception.  You can, if you are at the BVA, file a "waiver of VARO consideration" in the first instance.)  

However, first REREAD your VARO decision.  Does it say something like, "no future exams are scheduled" or "entitlement to CH. 35 benefits to dependents is authorized"?   Those terms are VA's confusing way to say you are P and T WITHOUT stating you are P and T.  

I had my doctor fill out my Student loan forgiveness discharge (for disability).  

This document was "key" in me getting future benefits, also.  In other words, I argued  if I was "disabled" by defination of student loans, then I was also "disabled" by VA's defination, also.  

Altho forgiveness of student loans is supposed to be automatic for 100 percent P and T Vets, the student loan people "balked" on this but finally gave in, kind of dragging their feet.  

If your VARO decision does not use the terms I described above, indicating P and T, then you may have to file for P and T, to try to get that established before your rating has been in effect for 5 years.  (A rating over 5 years is considered to be "stable" per 38 CFR 3.344 C.  )

Edited March 31, 2019 by broncovet

[broncovet]

But Wait!!!!  Check your "letters" in ebenefits.  Do you have a letter that says you are "P and T"??  Remember, VA may have overlooked including this in your decision, but keyed it correctly into the computer.   It wont be the first time VA has ever made a mistake.  

[ShrekTheTank]

44 minutes ago, broncovet said:

But Wait!!!!  Check your "letters" in ebenefits.  Do you have a letter that says you are "P and T"??  Remember, VA may have overlooked including this in your decision, but keyed it correctly into the computer.   It wont be the first time VA has ever made a mistake.  

information in this row

You are considered to be totally and permanently disabled due solely to your service-connected disabilities:      No   This is what the verification letter says.

[ShrekTheTank]

49 minutes ago, broncovet said:

No.  You dont "ask the BVA" for an initial decision.  The BVA is an appeal body, and you must first have a VARO decision, and timely appeal it, for the Board to have jurisdiction.  

(There is an exception.  You can, if you are at the BVA, file a "waiver of VARO consideration" in the first instance.)  I looked but I can't find the waiver.  Also must I be rated at 100% to get P&T, because as I have read you can get P&T if the conditions will not get better?

However, first REREAD your VARO decision.  Does it say something like, "no future exams are scheduled" or "entitlement to CH. 35 benefits to dependents is authorized"?   Those terms are VA's confusing way to say you are P and T WITHOUT stating you are P and T.  I am digging in, but they have never said this from what I can recall.

I had my doctor fill out my Student loan forgiveness discharge (for disability).  

This document was "key" in me getting future benefits, also.  In other words, I argued  if I was "disabled" by defination of student loans, then I was also "disabled" by VA's defination, also.  

Altho forgiveness of student loans is supposed to be automatic for 100 percent P and T Vets, the student loan people "balked" on this but finally gave in, kind of dragging their feet.  

If your VARO decision does not use the terms I described above, indicating P and T, then you may have to file for P and T, to try to get that established before your rating has been in effect for 5 years.  (A rating over 5 years is considered to be "stable" per 38 CFR 3.344 C.  )  Can I file for P&T for any one condition?  The reason I ask is I have a progressive disease and there is no chance it will get better, and the highest schedule rating is 60% for this disease.  

I am also asking do I need to be both 100% and P&T to qualify?  

Thank You!

 

[Buck52]

52 minutes ago, shrekthetank1 said:

information in this row

No   This is what the verification letter says.

This means your not P&T   = No 

Mine says the same thing  but it says  Yes

''You are considered to be totally and permanently disabled due solely to your service-connected disabilities'': Yes

 

Edited March 31, 2019 by Buck52