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5 years and 11 months later VA.Gov says GRANTED IU but a question


TMannfish

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Hello... THis is only my second post here but I visit often when I have questions to read others experiences.  Today I have a question... After 5 years and 11 months, VA.Gov reads that my appeal for IU was granted.  My question is about T and P though. 

I have been rated at 90% since May 2013.  I filed an appeal for IU and that is what the decision has been made on.  However, during the hearing the judge and my representative seemed to be leading toward a T and P claim.  I have seen where the veteran will file for an IU claim and when the decision comes it states IS TOTAL AND PERMANANT.  I am unable to see anything of Ebenefits or VA>Gov right now, says its all being updated. 

My VA.Gov states GRANTED  100% Rating for  Individual Unemployability 

Is it possible to be granted T and P when you did not originally file for that and it was not part of your appeal??

 

Thank you to all of you

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Yes.  

    Generally, you dont "apply" for P and T.  The VA awards it whenever they award AND, they decide you are P and T.  

    However, we often say here not to rely upon Vets.gov or ebenefits, because that information is often out of date or just plain wrong.   So, you are going to just have to wait for the official envelope to know for sure.  

   

     CCK law explains TDIU: https://cck-law.com/news/tdiu-permanent/

You wont know for sure if you are P and T until you get the envelope and read it.  

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Yes Broncovet, that's one thing I have definitely learned through all of this... Ebenefits and Va.Gov are as clueless as I am to what is going on. 

Thank you for the reply and now to start waiting on the envelope  

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So I got the brown envelope today and called Washington to confirm what the judge had stated.... The letter in the envelope was not straight forward as to P and T but Washington reports I do have P and T and I'm eligible for all 100% rated benefits!!!  After 6 years of stress and worry this is finally nearing an end.  

Ebenefits and Va.Gov have not updated and the retro has not hit my account yet but still such a sigh of relief!! 

Thank you to all of you for your input to my questions recently

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  • Community Admin/Founder

@TMannfish Wonderful news - thank you for sharing it with us.

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Congratulations!!  For P and T, the VA has a "code language" to prevent Veterans from getting too many benefits.  

Codes for P and T (on your VARO decision):  "No future exams are scheduled".  

or "Eligibility to Chapter 35 is established".  

Of course, outside of VA these terms are not the same as "P and T".  How would a state government worker, say, working in the place where taxes are collected, know what "no future exams are scheduled" means?  Answer:  They likely would not, and would require VA to send a letter confirming P and T.  The result is many more delays.  Thanks VA for making up your own lingo, often resulting in additional frustrations and additional delays for Veterans.  A simple, "permanent and total" would suffice, many dont know how to "convert" VA lingo into English.  

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In your ebenefits account, you can usually print up a letter, in the letter section, that should suffice for state type benefits for 100 percent P and T Vets.  

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quote from TMannfish

''Is it possible to be granted T and P when you did not originally file for that and it was not part of your appeal??

YES ,Depending on the severity of the disability .

 if they said your disability is unlikely to improve within your life time   they usually make the Veteran P&T  With no future exams scheduled.

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If you are denied P&T in a rating decision you can appeal that Chapter 35 denial.  I did that when I was granted TDIU but denied Chapter 35.  I fired off my NOD and went and got another IMO which supported the P&T status.  I got my P&T adjustment in less than a year.  I was not wanting to wait years to get that rating.  Any time the VA denies a benefit you can appeal and you should appeal.  You can wait on the VA for years.  I was eligible for HB and I had to file a CUE to get it.  This is not supposed to happen and yet it happens all the time.

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I was going to do as John999 did...>  I was fortunate  I didn't have to my TDIU  came with the P&T

Since then I filed for PTSD and got a 70% rating and the rater inferred me to the SMC S H.B. and a 100% P&T final degree rating.

I believe that's a mandatory rating  after you have a 100% rating and then another 60% separate rating.  the raters are suppose to look at the SMC SPECIAL RATING TABLE

Also filed for SMC K for E.D. got that as well.

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I'm still waiting on the envelope from my RO and Ebenefits / Vets.gov has yet to update my letters.  I called Washington and they state it's all there for the RO to review... Hopefully sometime this week. 

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REMEMBER

With large retro  it may take  a lot longer to recieve.

Just hang in there go fishing and stop looking everyday  it will drive you crazy.

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