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IMO for Permanent and Total?

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cali_21B

Question

I was recently granted TDIU (with a 90% rating) 6 months ago. I filed new claim and was awarded a 10% rating for arthritis and 10% rating for scar tissue, which put me at 100% combined, but the VA did not make me permanent and total. I have had my ratings for over 10 years, which include 70% TBI (ptsd, anxiety, and depression is lumped under my TBI rating), 50% Sleep Apnea, 30% migraines, 20% Horners Syndrome, and six 10% ratings. 

I am hoping that my Dr's will see that my conditions are static and have not improved (they have actually gotten worse) and will fill out a form from the DAV that basically is saying that my conditions are static and not expected to improve. I am going to work with my primary care Doctor first to see if he agrees, if not I will go to my Psychiatrist, and if that doesn't work I guess I will reach out to Dr. Bash or Dr. Anise.

My question is, has anyone had any success getting their 100% combined rating with TDIU changed to permanent and total with a IMO? Any advice is appreciated also. Thanks in advance. If anyone needs any help with their TDIU claim, don't hesitate to contact me as I can assure you that I got it on the first try, with a LOT of help and advice from these forums.

Edited by cali_21B
Clarity
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You did not say if you are receiving SMC-S.

I am glad to hear you got TDIU on the first try.  It took me ten years and two trips to the BVA.

In that ten years I was rated for a new condition and went to 100% scheduler.  I was left on TDIU though since I receive SMC-S, which I would lose if I went back to work or went off TDIU.  If you are looking at working that is the only advantage that I see going to scheduler.  I doubt though that the VA would be amused if you went to work after being TDIU for some years, maybe they would not care but I think they might.

As far as helping other veterans please do, that is what this board is for.

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I have read many BVA decisions that have granted the disability claim/appeal of the veterans thanks to the private IMO medical opinions of those two doctors and I am sure there are others.  As to your question of applying for a Permanent & Total rating I have this to say based upon my own experience in 2000.

1. I filed several claims that year for (A). CUE,   (B). VA Injury Section 1151 and in 1998  (C).  TDIIU due to 70% PTSD and unemployability due to PTSD and strong medications.

2.  In each one of those claims I represented myself and each time I ask the VA VARO raters and BVA to grant me P&T status for my TDIU and in August of 2000 the VARO did grant me P&T status.

3. My reasons for asking for P&T were the long term VA diagnosis of severe PTSD for much more than 5 years, my age and present unemployability due to PTSD and the very nature of PTSD not improving over time (static).  There were other arguments such as side effects of strong PTSD medications I made also but cannot remember them all after all these years.

4.  There are yahoos on other forums that will tell you that one cannot file for or apply for P&T and it is only granted by the generosity on the whim of VA raters at their time of choosing.  I call BS on this as I ask for in writing and received P&T status without another C&P Exam or new additional medical evidence.

5.  It never hurts one to ask the VA for P&T or anything else as all they can do is say no and then you can appeal or keep asking as I did. 

There is this warning tho and that is any time you contact VA about your disability claim or filing a new one or reopened claim the VARO can schedule you for another C&P exam that may be a fishing expedition to REDUCE or increase your rating/s. 

In my case they did not do this and I am always prepared for them to order up another C&P but not for my 20 plus year TDIU P&T status I now have that is protected from termination or reduction by VA rules after 20 years of having this rating.

My above information is not legal advice as I am not an attorney, paralegal, VSO or advocate but expressing my own experiences and opinions as another vet who has been there and done that.

 

Edited by Dustoff 11
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I filed an appeal when I got TDIU but was denied the Chapter than includes P&T.   It took about a year for p&t to be granted.  If you were  explicitly denied P&T as part of your claim then appeal that denial.    I think I have appealed just about every decision I ever got from the VA because they are almost always do not afford complete relief.   A few years after I got TDIU I was granted another 60% for a separate condition.  The VA did not immediately grant  "S" like they should have done.  I had to file a CUE to get that benefit.  If you don't ask for it you often don't get it.  The VA is sloppy and lazy.  If they make a mistake that costs you thousands of buck they don't miss any sleep.  The VA is just a machine.  We hope to be the monkey wrench.  

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On 12/6/2019 at 6:22 PM, cali_21B said:

70% TBI (ptsd, anxiety, and depression is lumped under my TBI rating), 50% Sleep Apnea, 30% migraines, 20% Horners Syndrome, and four 10% ratings for scars and arthritis. 

When I combine your ratings they come to 94.48876 and gets rounded down to 90%  Did you receive a letter saying your rated at 100% combined? You would have needed a new 20% rating to get a combined 100% rating.  The new 10% rating doesn't get you there.   When you  were rated TDIU chances are your already P&T check your awards letters to see if your dependents were awarded chapter 35 education benefits. Check out the test ratings file I uploaded it will combine your ratings and give you a total. It is an Excel file. 

test ratings.xls

Edited by Richard1954
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On 12/7/2019 at 8:08 PM, Dustoff 11 said:

 

 

Yes, I am 100% schedular now, but I am being paid at the TDIU rate. I do receive smc for erectile and housebound. Thanks for the advice about going back to work and losing those two ratings, I did not know that.  

Dustoff-thanks for the advice, I am going to keep appealing until I get the T and P rating that I am warranted. I am going to follow the DAV's advice about my primary care Dr's filing out the form and sending it back to the rating board and go from there!

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Very good Cali unfortunately most of us vets must always fight the VA for the benefits we earned and are entitled to by law and evidence as I am doing now as we speak and after 35 years of doing this.  This helps to keep me going and you also have proper attitude for doing this. 

We vets must always be our own best advocate for claims and not depend on A VSO to be diligent and do everything for us.  Do keep an eye on your DAV rep as in 1985 to 91 an older DAV rep sold me down the river so I started doing everything for myself in 1998.

Another active Veterans Benefit forum will not tolerate any criticism of VA adjudicators or C&P examiners and banned me forever from the forum for making these honest statements about the VA as I just said here.  That forum is run by present and former VA raters, DRO officers and lifer military and VSO officer who constantly give out misleading negative advice to other vets visiting their forum and I can examples if anyone wants to know.

They never admit the VA raters and examiners make serious mistakes but only minor honest mistakes.  Again more BS from that VA forum.

Being the old dog that I am i still have access and friends to their forum and can see everything as if i was still a member as there are a few good apples on their forum😀

Edited by Dustoff 11
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