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Permanent ant Total Disability

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wablackwell

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Hello I just need some clarification on 100 P&T disability. I have been 100 P&T since Sept 2015 and have read this is not a protected rating and the VA only award you this to give you additional benefits. But I also have read that you are protect from future rating decrease if you are awarded 100 P&T. So my question do I have to be concern about the Possible of future rating Decreases or not? Thank you

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wablackwell

There are several posts here on this subject. One thing you need to know is that the VA makes its own rules and we are supposed to follow them. They are also; sometimes they do, sometimes, not so much. "Permanent" is a misnomer; it isn't actually under the same definition you would use. It's sort of "permanent." That said, if your decision letter says P&T, it probably will say "no additional exams are scheduled' or similar words. That reaffirms that the VA isn't expecting to have you come in again and get another C&P. (It also should say your dependents are entitled to education benefits also.) After 5 years you get into another favorable position even if you are not P&T. At that point they can't reduce your rating based on only one exam, and there are ample opportunities to appeal that proposed reduction in rating. Go to 38CFR 3.951 for the regulation. All that said wabackwell,  if your decision letter has those word "no future..." and you get to 5 years, the probability of getting called again is pretty low. You shouldn't be now, but like I said, the VA does its own thing. Lastly, if by the smallest chance they do schedule you, ask to speak to the supervisor and see if they will reconsider. If they agree, ask for a name and a confirmation . If you are 55 or older, they are not supposed to call you in either. For more info, go to 38CFR 3.327 Reexaminations. But in every case, if they don't change their minds and insist you do another, GO. Otherwise you WILL get a reduction!

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Being "permanent and total", yes, gives you rating protections.  You get the protections in 38cfr 3.344 (a) and 3.44 (b) BECAUSE you are permantent and total in 38 cfr 3.344 C as follows:

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§ 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on athccount of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover,

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though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life.

When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

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What is Permanent and Total disability?

Permanent and Total Disability, or P&T, refers to veterans whose disabilities are total (rated 100 percent disabling by VA) and permanent (have zero or close to zero chance of improvement).

Though “Permanent and Total” is often used as a single phrase, veterans can have a total disability that is temporary or a permanent disability rated less than 100 percent.  Permanent and total ratings are protected from being reduced and may entitle you or your family to additional VA benefits.

Total—Veterans’ disabilities are rated based on VA’s Schedule of Rating Disabilities.  The rating levels for each type of disability are based on how much that disability impairs your ability to function in life and at work.  A 100 percent rating indicates that your disability is completely, or “totally,” disabling.

Permanent—VA deems a disability “permanent” when it is reasonably certain, based on medical evidence, that the level of impairment will continue for the rest of the veteran’s life.  For this reason, VA is allowed to take age into account when determining whether a disability is permanent, so it can be more difficult for younger veterans to be considered permanently disabled.

Continue Reading at ccl-law.com.

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