Content Curator/HadIt.com Elder Vync Posted May 13, 2020 Content Curator/HadIt.com Elder Share Posted May 13, 2020 36 minutes ago, kevin4998 said: I did talk to the VA today, but of course they could not talk about it over the phone till after I receive the formal letter too explain anything. That's understandable. If you have a power of attorney with a VSO, you can ask them to print the letter for you. I did that earlier this year and picked it up from the VSO in person, but that was before the coronavirus craziness. If they want to reduce your rating, they have to send you a letter in writing. Then you get 60 days (possibly, could be wrong) to respond and provide evidence to justify continuing your rating. They are not supposed to reduce without forewarning. They may have granted you TDIU, which is the same as P&T except you are not supposed to be gainfully employed. I hope either is the case, and if it is, then pre-congratulations! Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted May 13, 2020 Moderator Share Posted May 13, 2020 1 hour ago, Vync said: They may have granted you TDIU, which is the same as P&T except you are not supposed to be gainfully employed. The veteran was already being paid TDIU. TDIU and P & T are not the same. TDIU is the rating being paid and P & T is extra for DEA CHAPTER 35, CHAMPVA, Waiver of life Insurance, Military ID Card, VA Dental and other benefits. It sounds like the veteran was given a re-evaluation and even though VA reduced his mental health rating, VA granted him P & T. deedub75, Kelly Severance and seminoles 3 Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted May 14, 2020 HadIt.com Elder Share Posted May 14, 2020 Yes, Pacman I believe your correct, a Veteran can get IU without P&T it depends on how severe the disability is and if its not likely to improve in the veteran life time and chronic or of nature usually with no future exams scheduled. I was lucky to get the IU with P&T but since I've filed other claims they made the IU Moot and I now have a 100% final degree rating with SMC's Link to comment Share on other sites More sharing options...
kevin4998 Posted May 14, 2020 Author Share Posted May 14, 2020 1 hour ago, pacmanx1 said: The veteran was already being paid TDIU. TDIU and P & T are not the same. TDIU is the rating being paid and P & T is extra for DEA CHAPTER 35, CHAMPVA, Waiver of life Insurance, Military ID Card, VA Dental and other benefits. It sounds like the veteran was given a re-evaluation and even though VA reduced his mental health rating, VA granted him P & T. Exactly, thank you seminoles 1 Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted May 14, 2020 Content Curator/HadIt.com Elder Share Posted May 14, 2020 13 hours ago, pacmanx1 said: The veteran was already being paid TDIU. TDIU and P & T are not the same. TDIU is the rating being paid and P & T is extra for DEA CHAPTER 35, CHAMPVA, Waiver of life Insurance, Military ID Card, VA Dental and other benefits. It sounds like the veteran was given a re-evaluation and even though VA reduced his mental health rating, VA granted him P & T. I admit I could be wrong, but read this article prior to posting https://cck-law.com/blog/is-tdiu-permanent which might be wrong then. I'm glad he got P&T though. Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted May 14, 2020 Moderator Share Posted May 14, 2020 (edited) 1 hour ago, Vync said: I admit I could be wrong, but read this article prior to posting https://cck-law.com/blog/is-tdiu-permanent which might be wrong then. VYNC, TDIU is a rating that pays a veteran the 100% rate of compensation. It is not P & T but a veteran can be granted TDIU P & T. TDIU is like all ratings, once decided it only grants the 100% pay and most likely will become P & T but not at first all the time. P & T is one of those ancillary benefits. Now you may find it hard to find this word (Ancillary) in the VA definition because VA like to change things around but if you do a search you will come to M21-1 part 9 and it will list the breakdown of benefits like DEA CH 35, SMC, Adaptive Housing and other benefits. This proves my post that TDIU is not P & T. The link you posted is somewhat miss leading. "TDIU is permanent in certain circumstances". If upon finding you entitled to individual unemployability on a permanent basis, VA will indicate that in your rating decision in one of three ways, although the exact language may vary: On some rating decisions, a box will be checked indicating that your 100% disability is permanent. Others may include language such as “Eligibility to dependents Chapter 35 DEA/CHAMPVA are established” – this is because these benefits are reserved for dependents of veterans who are permanently and totally disabled. If your rating decision says “no future exams are scheduled,” your rating is permanent. This is because those with temporary disability ratings may require future examinations during which their condition will be reevaluated. "Yes, am individual unemployability rating that is not initially deemed permanent by the VA can become permanent in the future". Veterans do not need to complete VAF 20-4140 if they have been in receipt of a TDIU evaluation for 20 or more consecutive years. https://cck-law.com/blog/is-tdiu-permanent/ Edited May 14, 2020 by pacmanx1 seminoles 1 Link to comment Share on other sites More sharing options...
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