Ch. 35 with 70% TDUI P&T?

[MarineLCpl]

Hello all, 

I was recently granted P&T status for my 70% PTSD SC disability. Based on my research, it appears that regardless if you’re 100% scheduler or 100% TDIU, the benefits are the same. 
 

My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago. 
 

Just not entirely sure how everything works, or if my dependents/spouse are even eligible to receive these Ch. 35 benefits. 
 

Edit: Just to clarify, I don’t think TDIU was rated P&T, just the PTSD rating. Guessing that Ch.35 doesn’t take effect until you’re rated P&T for TDIU or reach 100% via schedule....bummer. 

Edited July 17, 2020 by MarineLCpl

[Buck52]

MarineLCpl

correction about the date  award for P&T  veterans need to wait 3 years before applying for these dependent benefits  (sorry) but if your child is young 4 years  then this helps  but I read further and the child can be up to 26 years of age to use these educational benefits.

Children Benefits.

This also applies to the 100% P&T disabled veterans Denpendents.

* TOE = Transfer of Eligibility.*

• May start to use the benefit only after you’ve finished at least 10 years of service
• May use the benefit while you’re on active duty or after you’ve separated from service
• May not use the benefit until they’ve gotten a high school diploma (or equivalency certificate), or have reached 18 years of age
• Qualify for the monthly housing allowance even when you’re on active duty
• Don’t have to use the benefit within 15 years after your separation from active duty, but can’t use the benefit after they’ve turned 26 years old.

Your dependents may still qualify even if a child marries or you and your spouse divorce. However, service members and Veterans can revoke (cancel) or change a TOE at any time. If you want to totally revoke transferred benefits for a dependent and you’re still in the service, please turn in another transfer request for the dependent through mil-connect. If a dependent’s transfer eligibility (ability to get a TOE) has been totally revoked, you can’t transfer benefits again to that dependent.

''If we rated the Veteran as permanently and totally disabled, with an effective date that’s 3 years after discharge, you’ll qualify for benefits for 20 years from that effective date. This new policy began on October 10, 2008. We won’t pay benefits for training you started before this date''

source : Dept of Veterans Affairs.

[Buck52]

MarineLCpl

They gave you the P&T  WHICH MEANS THAT YOUR DISABILITY IS PERMANENT. which means that your service connected disability's/or disability will not show or Expected to  show improvement within your life time, so you should be P&T the rest of your life.

I've never heard of them giving a Temporary  P&T?? BUT  THEY DO GIVE A TEMPORARY RATING FOR 100% FROM BEING HOSPITALIZED.

[MarineLCpl]

On 7/17/2020 at 7:00 PM, Buck52 said:

MarineLCpl

They gave you the P&T  WHICH MEANS THAT YOUR DISABILITY IS PERMANENT. which means that your service connected disability's/or disability will not show or Expected to  show improvement within your life time, so you should be P&T the rest of your life.

I've never heard of them giving a Temporary  P&T?? BUT  THEY DO GIVE A TEMPORARY RATING FOR 100% FROM BEING HOSPITALIZED.

The only thing that I can think of...

Let’s say 5 years down the road, I decide to attempt some self-employment of some sort. For the sake of argument, let’s say I make 6k that year from self-employment activity. The VA, technically, could call for a re-evaluation, even if the earned income doesn’t exceed the poverty line. BUT, what if they say, well, the exam shows slight improvement at times...maybe your condition isn’t permanent and total if you’re still making incremental advances.

Now, I don’t think they’d have grounds to reduce based on periodical improvement, but I suppose they could decide that maybe my conditions aren’t P&T. 
 

I haven’t done much research on this sort of probability, I’m just brainstorming here....but if they took away the P&T status, being my disability is only rated at 70%(regardless of IU), that would automatically void the Ch. 35 benefits. 

Edited July 19, 2020 by MarineLCpl

[Buck52]

your 70% plus IU means that your disability is so bad it keeps you from working or doing the job you were trained to do but with the rating system the VA has  your disability don't make the schedule 100%  so this is where the IU comes in  they give that to the veteran because of his service connected disability and can;t do the job he was trained to do or any other job such as sedentary (desk jobs)And he never qualified for the 100%scheduler.

ok now that your rated the 70%TDIU with P&T   that is your rating TDIU /P&T

TDIU rating can be taken away, but only if the VA determines that the veteran is able to maintain sustained gainful employment. ... With the new process the VA uses a data wage match with the Social Security Administration to identify Veterans in receipt of TDIU who have also been working and paying into social security.Aug 16, 201

, This means that your servery disabled and you more than likely can't work due to your disability. but they have special circumstance like sheltered employment that maybe a family business or an employer helps accommodate your disability's so you can work but  a veteran must not make more than the SGE REQUIREMENT of 14,599,00 A YEAR (not sure the exact amount?) THIS TYPE OF VETERAN IS NORMALLY A YOUNGER AGE AND EXPECTS HIS SERVICE CONNECTED CONDITION/DIVISIBILITY TO GET BETTER  SO ITS BASICALLY  TEMPORARY,

bottom line  a veteran that is 100%  P&T CAN;T work  OR NOT SUPPOSED TO BE WORKING) A veteran who is rated a scheduler 100% rating can work.

A veteran who is TDIU P&T CAN'T Work, if you start back to work and they check your SS Records showing you paid in SS Tax and made a large income...that usually prompts a re evaluation of your service connected disability. and if they do show you have shown improvement by going back to work and after examining you and the examiner says you have improved  this is normally a reduction in benefits.

it use to be a TDIU P&T VETERAN OR EVEN WITHOUT P&T IS SUPPOSE TO FILE A 21 -414O UNEMPLOYMENT QUESTIONER  FORM TO SHOW THAT YOUR NOT WORKING EVERY YEAR ,USUALLY ON THE VETERANS AWARD DATE IS WHEN TO SEND IT IN BUT THEIRS NO SET DATE TO SEND IT IN AS LONG AS YOU SEND ONE IN EVERY YEAR.

Now some will agure the fact that if your TDIU P&T you can work but like I mention above  only under special circumstances that the VA knows about.

if your on TDIU P&T i would suggest you think long and hard about going back to work...if you don't want to lose your TDIU P&T.

SURE THE VA HAS GUIDELINES TO GO BY,, BUT YOU BETTER BELIEVE THEY WILL AND CAN RE EVALUATE YOU AND REDUSE YOUR BENEFITS.IF YOU CHOOSE TO GO BACK TO WORK.

And this will be a dog fight for you to recoup your benefits.

Now normally VA will leave a TDIU P&T VETERAN ALONE....BUT GOING BACK TO WORK IS A WHOLE NEW BALLGAME.

They gave you the IU FOR A REASON AND THE P&T   its up to you if you want to keep it or not

I tell all veterans that are TDIU P&T do not go back to work. period.

Edited July 19, 2020 by Buck52

[pacmanx1]

Now that all that has been said, a veteran must consider the human factor in returning to work after being granted TDIU. The human factor is veterans like to try to help other veterans in sharing our fight with VA. In any type of work environment, a TDIU veteran must inform his/her employer about their disabilities. This could go very wrong for veterans. It doesn't matter if the work environment is family or not. The duties in the position may be in contradiction with the veteran's claimed disabilities. To make it even more plain, people are messy and if they find out that you are being paid for disabilities and in a position that is mentally or physically challenge, they can report you to VA as fraud.  No I am not saying this will happen but people are very jealous and vengeful.

[MarineLCpl]

8 hours ago, pacmanx1 said:

Now that all that has been said, a veteran must consider the human factor in returning to work after being granted TDIU. The human factor is veterans like to try to help other veterans in sharing our fight with VA. In any type of work environment, a TDIU veteran must inform his/her employer about their disabilities. This could go very wrong for veterans. It doesn't matter if the work environment is family or not. The duties in the position may be in contradiction with the veteran's claimed disabilities. To make it even more plain, people are messy and if they find out that you are being paid for disabilities and in a position that is mentally or physically challenge, they can report you to VA as fraud.  No I am not saying this will happen but people are very jealous and vengeful.

I do understand that concept. There would be no way I could hide my symptoms at an outside job and no doubt, would tell them straight away. The work I’m talking about would be self-employment using the computer at home. I enjoy music as a hobby and sometimes get paid for the work I do. This income is reported to the IRS every year under hobby income. My yearly expenses usually equal around about what I take in, so it’s not like I’m profiting a whole lot. My thinking was expanding this hobby into a mini business someday, taking on more work and maybe bringing in 6-8k or something per year. Just enough to put into an IRA or investments of some sort. I can’t say for certain I’d be able to pull this sort of thing off, but it’s a thought. Plus, wouldn’t that be considered a protected work environment? I set my own hours, take days off when my disabilities are acting up, able to take breaks at my own accord, etc? I feel like they evaluate this sorta thing on a case by case basis...but to me, what I’m talking about is a far cry from a normal job amongst the public. 

Edited July 19, 2020 by MarineLCpl