Is it to late to claim P&T for my PTSD w/Depression & TBI?

[ldub72]

Hello Everyone.

In Dec 2016 I was increased to 70% for my post traumatic stress disorder with major depressive disorder with traumatic brain injury (TBI) and it placed me at 100% disability status. I was told by a friend at that time to not file for P&T but to give it some time. However, another friend of mine just recently told me that I should have already requested P&T. Its been almost 4 years and I am staring to get requests for C&P exams for other areas. So, my question is did I miss the window for asking for this to be permanent? I have a schedule A letter supporting this condition from 2017. I'm concerned and don't know what to do. Should I even request P&T or wait for them to do a C&P exam? Any help you can provide is greatly appreciated.

Edited April 1, 2020 by ldub72

[ShrekTheTank]

If it were me, I would have already put in for it.  That being said not it is not too late.  You can always bring it up, the only issue is the benefits might not retro.  

[ldub72]

Thank you for your response. I feel so dumb for not requesting this sooner. Is there a letter or a form I need to fill out to start this process?

[broncovet]

By all means, apply.  Of course, you should check your medical records and see what the doctor says.  Im not sure which form, but I have heard others "apply" for P and T.  

According to 38 CFR 3.344(c) , after 5 years, you are the same as P and T as far as "stabilization of ratings", but you get more benefits as P and T.  Source: https://www.law.cornell.edu/cfr/text/38/3.344

This (that you get more benefits) is especially true for state benefits, such as waiver of some portion or all of your property taxes.  Federal benefits its mostly the same, regardless of P and T or not, except dependents.  Dependents of P and T get eligibility to Ch. 35, which is a very big deal if you want to go to school.  Also, P and T gets your wife Champva.  

Edited April 1, 2020 by broncovet

[ShrekTheTank]

I think you can open a new claim and request for P&T when you go through the filling out of the request.  Also at the end you are allowed to send notes with it to give a better discription.  I am not sure there is a code for it, but I would get it going asap!

[ldub72]

7 minutes ago, shrekthetank1 said:

I think you can open a new claim and request for P&T when you go through the filling out of the request.  Also at the end you are allowed to send notes with it to give a better discription.  I am not sure there is a code for it, but I would get it going asap!

I will definitely get this going ASAP. I’m lanyards 4 years with this rating so need to move swiftly with this request. Thank you again.

[ldub72]

11 minutes ago, broncovet said:

By all means, apply.  Of course, you should check your medical records and see what the doctor says.  Im not sure which form, but I have heard others "apply" for P and T.  

According to 38 CFR 3.344(c) , after 5 years, you are the same as P and T as far as "stabilization of ratings", but you get more benefits as P and T.  Source: https://www.law.cornell.edu/cfr/text/38/3.344

This (that you get more benefits) is especially true for state benefits, such as waiver of some portion or all of your property taxes.  Federal benefits its mostly the same, regardless of P and T or not, except dependents.  Dependents of P and T get eligibility to Ch. 35, which is a very big deal if you want to go to school.  Also, P and T gets your wife Champva.  

Thank you. I will look into that reference and get this request going sooner than later.