IMO for Permanent and Total?

[cali_21B]

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 January 18, 2020 by cali_21B
Clarity

[Buck52]

If you been awarded a 100% rating  scheduler or IU  and your s.c. conditions are not expected to improve in your life time...then file for the P&T

You can be P&T with TDIU depends on rather or not your condition will ever improve ?

if  you can get a Qualified Dr AND EXAMINE YOU AND READ YOUR MEDICAL RECORDS to OPINE  your s.c. conditions is not expected to improve in your life time  and your 100% or IU   you should get the P&T

Call around in your home town and seek a Dr that has expertise in what your conditions are , ask him /her to evaluate your condition and write his /her impression as to rather or not your conditions will not improve within your lifetime.

[Dustoff1970]

If you cannot find a doctor who will write such an opinion on your behalf as is the case with many vets such as myself you can still file a claim asking for P&T as I did in 2000 for my long term static 70% PTSD (TDIU).  In 2000 I filed several claims including CUE, VA Injury Section 1151 and in 1998 I filed for and received the TDIU award.

In every one of these claims I filed from 1998 to 2000 I also ask VARO to award my PTSD TDIU rating as P&T and they did so in August of 2000.  I argued that my PTSD was over well over 5 years in existence and that PTSD never improves on it's own (according to medical history of PTSD), my older age, and LT unemployability due to PTSD, etc.  There were other arguments that I now cannot remember.

There are so called experts on another forum that constantly incorrectly tell veterans they cannot file for or ask for P&T status and that it will only be granted when an adjudicator determines on their own whim that you are entitled to P&T.  I call BS on that misleading crap being put out to other vets based upon my own 35 years experience.  

The VA may consider your request for P&T as a claim for increase and call you in for C&P exam review of your disabilities so be prepared before  hand and have all your arguments and supporting medical evidence with you at the exam as the examiner may or may not look at it.  Take only copies  to the exam and in your claim quote the 38 CFR rules on static disability of over 5 years and your age of over 55 (if so), etc. 

My information above is not legal advice as I am not an attorney, paralegal, or VSO but only a vet expressing my personal experiences and opinions.  Good luck 

Edited December 15, 2019 by Dustoff 11

[Buck52]

Cali_21B

Dustoff 11 has given some great advice here.

[cali_21B]

On 12/15/2019 at 7:21 AM, Dustoff 11 said:

If you cannot find a doctor who will write such an opinion on your behalf as is the case with many vets such as myself you can still file a claim asking for P&T as I did in 2000 for my long term static 70% PTSD (TDIU).  In 2000 I filed several claims including CUE, VA Injury Section 1151 and in 1998 I filed for and received the TDIU award.

In every one of these claims I filed from 1998 to 2000 I also ask VARO to award my PTSD TDIU rating as P&T and they did so in August of 2000.  I argued that my PTSD was over well over 5 years in existence and that PTSD never improves on it's own (according to medical history of PTSD), my older age, and LT unemployability due to PTSD, etc.  There were other arguments that I now cannot remember.

There are so called experts on another forum that constantly incorrectly tell veterans they cannot file for or ask for P&T status and that it will only be granted when an adjudicator determines on their own whim that you are entitled to P&T.  I call BS on that misleading crap being put out to other vets based upon my own 35 years experience.  

The VA may consider your request for P&T as a claim for increase and call you in for C&P exam review of your disabilities so be prepared before  hand and have all your arguments and supporting medical evidence with you at the exam as the examiner may or may not look at it.  Take only copies  to the exam and in your claim quote the 38 CFR rules on static disability of over 5 years and your age of over 55 (if so), etc. 

My information above is not legal advice as I am not an attorney, paralegal, or VSO but only a vet expressing my personal experiences and opinions.  Good luck 

This is great advice. I appreciate the elders helping me out. I will keep everyone updated as to the status of My p&t claim. I will see my psych dr and primary care dr. tomorrow.

[cali_21B]

UPDATE-

The DAV sent me a physicians questionnaire so that my VA treating Dr's can fill out attesting to the fact that my SC Disabilities were static and permanent (I have the form if any fellow vets would like a copy, just send a DM). I had my VA Psych Dr fill it out, and he confirmed the TBI and PTSD were static with no chances of improvements. My Primary Dr. filled out the form for my other remaining SC Disabilities and he agreed that everyone single SC Disability was static and permanent. I submitted the forms to the VARO asking for a P&T rating....fingers crossed. Should hear back from the VARO within the month.

Edited January 17, 2020 by cali_21B

[blahsaysme2u]

i wante to follow and see how this goes for you. keep us updated Cali

can you send me that questionnaire? thanks so much

Edited January 17, 2020 by blahsaysme2u
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