70% TDIU P&T

[MarineLCpl]

Hello all, 

I was recently called in for a 5-year reexamination for PTSD w/ Major Depressive disorder. I had my C&P on July 13th, 2020, with a private contractor. 
 

Little background, I was first rated for Major Depression in 2010, at 70%. I filed for IU and it was granted. Fast forward five years, I was called in again for a routine exam. They diagnosed PTSD w/ Major Depressive, effective May 2015, at 70%. 
 

Presently, the recent C&P on July 13th was attended and report was submitted to the VBA the same day. They made the claim decision yesterday, July 15th, 2020. I haven’t received my decision packet in the mail yet, but eBenefits is showing a continued rating of 70%, but this time was labeled P&T. 
 

I’m a little unclear what this changes as a whole. I don’t know much about P&T status other than they don’t call you in for routine exams anymore. Are there any other additional benefits provided by being P&T? Any additional protections? 
 

According to eBenefits, under the disabilities section, Major Depressive disorder(2010 diagnosis) shows up separately than PTSD w/ Major Depressive(2015 diagnosis). I’m confused about this separation. In parenthesis next to my 2015 PTSD diagnosis, it shows “previously rated as Major depressive disorder.” As far as protection rules go, does this indicate that only Major Depression has a current 10 year rule in place, whereas I’m only 5 years along for the PTSD? 
 

They really know how to confuse a person, I tell you. Based on my generated benefits letter, it appears IU was continued, as my monthly benefit amount remains the same. Another concern, I know having 70% with TDIU doesn’t allow me to work substantially gainful employment, but if I were to work sheltered or self-employment, I wouldn’t be subject to a re-evaluations based on this alone, correct? I do realize that if I were to ever go the self-employment route, I couldn’t make over the federal poverty limit for one person without risking a loss of the IU. That I understand. It’s doubtful I will ever be able to achieve income over this limit if doing self-employment work, but do think I may be able to swing a couple thousand a year or so, enough to at least contribute something to an IRA. I’m just looking to be informed of where I stand with everything. 
 

Thanks to all who chime in, and God Bless! 

Marine LCpl 
 

 

 

[pacmanx1]

Congratulations!

According to eBenefits, under the disabilities section, Major Depressive disorder(2010 diagnosis) shows up separately than PTSD w/ Major Depressive(2015 diagnosis). I’m confused about this separation. In parenthesis next to my 2015 PTSD diagnosis, it shows “previously rated as Major depressive disorder.” As far as protection rules go, does this indicate that only Major Depression has a current 10 year rule in place, whereas I’m only 5 years along for the PTSD? 

The answer to your questions are yes.

 

https://community.hadit.com/profile/29859-pacmanx1/

 

 

Edited July 16, 2020 by pacmanx1 (see edit history)

[agcgonz]

You indicated you are on TDIU. Did they change you're status to 70% P&T and kept you on TDIU?

 

If, TDIU is kept  w the 70%  this is still on semi-temporary status.  If they determine you are no longer entitled by their annual verification of your Social Security Administration's annual wage earned statement.. If you earned above a certain amount, then  technically they could  revoke it.  

If the P&T is only for your 70%  PTSD .  That's only portion is permanent and you are correct.  No periodic reevaluations of this disability

Once you obtained 100% combine  P&T rating they will eliminated the TDIU determination. Then you 'll be granted all the other benefits you're entitled as 100% P&T( including any additional benefits grated by the state).  

 

 

 

[MarineLCpl]

9 minutes ago, agcgonz said:

You indicated you are on TDIU. Did they change you're status to 70% P&T and kept you on TDIU?

 

If, TDIU is kept  w the 70%  this is still on semi-temporary status.  If they determine you are no longer entitled by their annual verification of your Social Security Administration's annual wage earned statement.. If you earned above a certain amount, then  technically they could  revoke it.  

If the P&T is only for your 70%  PTSD .  That's only portion is permanent and you are correct.  No periodic reevaluations of this disability

Once you obtained 100% combine  P&T rating they will eliminated the TDIU determination. Then you 'll be granted all the other benefits you're entitled as 100% P&T( including any additional benefits grated by the state).  

 

 

 

The info they provide on eBenefits is pretty limited. I’m not sure if they changed my status to 70% P&T. But according to my generated benefits letter, it still shows a compensation rate at the 100% level. It also says “This person is considered permanently and totally disabled due to SC disabilities.” Active P&T date shows the date I had the C&p exam done on July 13. Curious about what all the paperwork will say myself. 

Edited July 17, 2020 by MarineLCpl (see edit history)

[MarineLCpl]

5 hours ago, agcgonz said:

You indicated you are on TDIU. Did they change you're status to 70% P&T and kept you on TDIU?

 

If, TDIU is kept  w the 70%  this is still on semi-temporary status.  If they determine you are no longer entitled by their annual verification of your Social Security Administration's annual wage earned statement.. If you earned above a certain amount, then  technically they could  revoke it.  

If the P&T is only for your 70%  PTSD .  That's only portion is permanent and you are correct.  No periodic reevaluations of this disability

Once you obtained 100% combine  P&T rating they will eliminated the TDIU determination. Then you 'll be granted all the other benefits you're entitled as 100% P&T( including any additional benefits grated by the state).  

 

 

 

Sorry, I think I misunderstood before. I am starting to see what you’re saying regarding the TDIU. After much thought, it’s likely that the PTSD and/or depression was made P&T, not the TDIU benefit(as I’ve only held it for 10 years). 
 

Correct me if I’m wrong, but honestly, all P&T did for me here was stopped those pesky, periodic exams for no reason. BUT, regarding the TDIU, I’m guessing that I have to have another 10 years(equaling 20 years total) before the TDIU becomes P&T. 
 

This is kind of a bummer because I have children that will be going to college soon and would have loved to use Ch. 35 benefits to help them out. But I think you’re exactly right. If I were to work a job and make over the federal poverty limit for one person, they may reevaluate me on the IU benefit. Not sure how it works after 20 years on TDIU in regards to income limits though.

 

Edited July 17, 2020 by MarineLCpl (see edit history)

[pacmanx1]

5 hours ago, MarineLCpl said:

Sorry, I think I misunderstood before. I am starting to see what you’re saying regarding the TDIU. After much thought, it’s likely that the PTSD and/or depression was made P&T, not the TDIU benefit(as I’ve only held it for 10 years). 
 

Correct me if I’m wrong, but honestly, all P&T did for me here was stopped those pesky, periodic exams for no reason. BUT, regarding the TDIU, I’m guessing that I have to have another 10 years(equaling 20 years total) before the TDIU becomes P&T. 
 

This is kind of a bummer because I have children that will be going to college soon and would have loved to use Ch. 35 benefits to help them out. But I think you’re exactly right. If I were to work a job and make over the federal poverty limit for one person, they may reevaluate me on the IU benefit. Not sure how it works after 20 years on TDIU in regards to income limits though.

Marine, I am trying my best to get you to understand that you are mixing P & T which is an ancillary Benefit and 20 years protection benefit which is part of VA regulations. Sine I have failed, I will try again.  When a veteran has a disability or disabilities that are so severe, VA can grant a veteran P & T at any time(NO NEED TO WAIT 20 YEARS). P & T is simply, VA saying that a particular disability or disabilities will most likely last for the rest of the veteran's lifetime and will not improve.  Once a veteran is granted P & T, his dependents are covered under Chapter 35.   Your rating decision should have an effective date of when your P & T date begins and also includes a date of when your Chapter 35 and ChampVA begins. Also your disability letter should give you the same dates.  The 20 years protection is part of VA regulation falls under the protection rules which are 5 years, 10 years, and 20 years. Keep in mind that each rating has their own begin time for protection. 

4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

3.951 Preservation of disability ratings.

(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

[MarineLCpl]

3 hours ago, pacmanx1 said:

Marine, I am trying my best to get you to understand that you are mixing P & T which is an ancillary Benefit and 20 years protection benefit which is part of VA regulations. Sine I have failed, I will try again.  When a veteran has a disability or disabilities that are so severe, VA can grant a veteran P & T at any time(NO NEED TO WAIT 20 YEARS). P & T is simply, VA saying that a particular disability or disabilities will most likely last for the rest of the veteran's lifetime and will not improve.  Once a veteran is granted P & T, his dependents are covered under Chapter 35.   Your rating decision should have an effective date of when your P & T date begins and also includes a date of when your Chapter 35 and ChampVA begins. Also your disability letter should give you the same dates.  The 20 years protection is part of VA regulation falls under the protection rules which are 5 years, 10 years, and 20 years. Keep in mind that each rating has their own begin time for protection. 

Oh, I see! So in fact, I’m misunderstanding things even more than I thought...P&T status is what’s important here, not how long I’ve held the rating...is that correct? So hopefully, in my rating decision packet, it gives me info on all this stuff, including Ch. 35. I’m a little concerned about the timelines...where I do see it says a spouse has up to 10 years to use the Ch. 35 benefit, it doesn’t mention how long the dependent kids have. Our youngest is only 4 years old. Wondering if he’ll be able to use that benefit as well in 14 years! 
 

Side note: And if I were to ever lose the TDIU benefit, they would no longer be eligible for Ch. 35 because it requires 100% P&T, either scheduler or TDIU. Am I following? 

Edited July 17, 2020 by MarineLCpl (see edit history)