Decision Packet Arrived

[MarineLCpl]

At the end of June, I noticed a claim had been opened for my SC’d PTSD, currently rated at 70%. 
 

Little background, I was rated at 70% for Major Depression back in 2010. I filed for TDIU and it was granted later that year. The VA re-examined the Major Depression in 2015. They changed my diagnosis to PTSD with Major Depression, but continued the 70% rating. IU remained intact. 
 

Fast forward to present day, the VA decided to reevaluate the PTSD (just shy of 5 years since my last C&P). I attended an exam, it went well. Doc was nice and made me feel comfortable, which was a relief because I hate going to those things. 
 

I received my packet yesterday with a decision. The C&P exam showed my symptoms had gotten worse, but not enough to warrant an increase. They continued my 70% rating and kept the IU intact. 
 

Here’s what did change: it states that I now qualify for basic eligibility to Ch. 35 benefits due to my disability being considered permanent and total. I was under the impression that you needed to be rated 100% scheduler to qualify for this, but apparently they consider TDIU P&T equivalent to the 100% scheduler rating in this regard. I did not know this and thought TDIU simply “paid the same rate as 100%.” 
 

There was no information regarding the need for future exams. In the past, there was always a closing sentence that stated I could be re-examined. Since they changed my status to P&T, does this negate the need for reexaminations in regards to the PTSD? Just not totally sure how this works. What I do understand is that if I opened a new claim or filed for an increase, a C&P would surely follow of course. 
 

Here’s another area that makes me uneasy. I have held off on filing secondary claims related to the PTSD, such as ED and IBS. I’ve also considered filing for tinnitus. But something tells me that I may be asking for trouble if I do so. Some have told me that because I’ve been granted 100% TDIU P&T that I shouldn’t worry about filing new claims in hopes of reaching scheduler status. These opinions are mixed, some say go for it, others say “don’t push it.”

While they are valid claims, not sure what I should do. The only benefit I see to scheduler, aside from dental, is that I could “work” with no income barriers and not have to worry about risking my benefits if I make too much. Currently, the little work I do is hobby- based and only nets a few thousand dollars a year. I file taxes every year showing this income. BUT, I do have ambitions toward expanding this into a small operation someday to earn a little extra income for an IRA. Retirement is one of my biggest fears. But at the same time, I don’t expect to be making anything beyond marginal income in this lifetime, regardless of an expansion. 
 

So much to think about...I suppose I should be grateful I’ve made it this far...I wish I could say my doubts, fears, etc have dwindled, but unfortunately, I feel no different. As we all know, the VA plays by their own rules after all. 
 

I WOULD like to say thank you to all those that helped me reach this point. I try to help others on this site as a way of giving back. This community has been a godsend to me for many years. 

God Bless, 

MarineLCpl
 

 

 

[GBArmy]

MarineLCpl Short answer is you have been granted P&T. This comes up a lot because of the stupid way veterans are notified as being P&T. Why they just can't have it plain and simple is a mystery to me. Your decision letter says Chapter 35 for your grant. Bingo! You won the lottery! Get into Va.gov and claims. Scroll down and get into the "letters" request and print out your new status. It should say you are now P&T. Don't forget to apply for the free life insurance waiver. Congrats!

[brokensoldier244th]

Congratulations! Doesn’t seem right to say it for this reason, but hey, take the wins.  I say go ahead and File for whatever else now. You just got rated, your ptsd rating isn’t going to be re-examined 12 seconds enter it was just written out. ED is an smc that’s pretty simple to get if you take ssri’s for example or secondary to a host of other meds. Ibs, well, I dont know much about that one since I don’t have it. 
 

short answer- you won’t get increased or examined for ptsd unless you disagree and feel you have strong evidence contrary to theirs especially so soon after being rated. However you are p&t with iu, which can and does happen so it’s not that weird, just unusual. I say go for the other stuff now while your evidence for ptsd is still fresh,  at least for IBS and anything else you still have going on. 

[Miken2c74]

If there is a disability that you believe was caused by your military service and there is truth in it why not apply for it. You have already earned that right.

[pacmanx1]

You have just been rated 100% TDIU P & T and your current conditions will not be re-evaluated.

Congratulations!

You can file for any and all claims you feel should be service connected. If you file any new claim(s) secondary to your already service connected conditions, VA "can" re-evaluate the primary condition. Not that the primary condition rating will change but it is possible and if it does change you will have to appeal. ED is a SMC payment of about $110 a month or so. Filing a claim for IBS will not grant any extra benefit, just a new rating maximum of 30%. IMHO, a veteran rated at 100% scheduler P & T or 100% TDIU P & T should focus on any life threatening condition compared to filing claim(s) for any and all disability conditions.  Example of life threatening conditions are; Sleep Apnea, Heart Disease, and A O Diseases and any disease that could shorten a veteran's life.

Some benefits of being rated P & T are Chapter 35, Champ-VA, Dental Care at the VAMC, Waiver of life Insurance. In your packet should be a VA Form 21-8760 that talks about benefits for veteran that are Total and Permanent Disabled.  Also check out any state benefit for a 100% disable veteran like property tax exemption.

[MarineLCpl]

On 7/27/2020 at 4:41 AM, GBArmy said:

MarineLCpl Short answer is you have been granted P&T. This comes up a lot because of the stupid way veterans are notified as being P&T. Why they just can't have it plain and simple is a mystery to me. Your decision letter says Chapter 35 for your grant. Bingo! You won the lottery! Get into Va.gov and claims. Scroll down and get into the "letters" request and print out your new status. It should say you are now P&T. Don't forget to apply for the free life insurance waiver. Congrats!

It’s a huge relief for me...I’m getting married soon and it will be very nice to contribute educational benefits to my wife and her children(eventually). Fiancé is a nurse who has talked about getting her masters for years...I can see this benefit giving her the motivation she needs! I feel this sorta makes up for the way I can’t contribute all the time due to the negative effects of my SC condition...which really does bum me out. 

On 7/27/2020 at 6:08 AM, brokensoldier244th said:

Congratulations! Doesn’t seem right to say it for this reason, but hey, take the wins.  I say go ahead and File for whatever else now. You just got rated, your ptsd rating isn’t going to be re-examined 12 seconds enter it was just written out. ED is an smc that’s pretty simple to get if you take ssri’s for example or secondary to a host of other meds. Ibs, well, I dont know much about that one since I don’t have it. 
 

short answer- you won’t get increased or examined for ptsd unless you disagree and feel you have strong evidence contrary to theirs especially so soon after being rated. However you are p&t with iu, which can and does happen so it’s not that weird, just unusual. I say go for the other stuff now while your evidence for ptsd is still fresh,  at least for IBS and anything else you still have going on. 

I also think it’s smart to do everything now instead of later, that’s for sure. But part of me says that I can already be treated for these things at the VA without being granted SC...so idk. The SMC award is something, I suppose. 

On 7/27/2020 at 6:45 AM, Miken2c74 said:

If there is a disability that you believe was caused by your military service and there is truth in it why not apply for it. You have already earned that right.

True, but I’ve heard too many horror stories to wanna dive right in. 

On 7/27/2020 at 10:40 AM, pacmanx1 said:

You have just been rated 100% TDIU P & T and your current conditions will not be re-evaluated.

Congratulations!

You can file for any and all claims you feel should be service connected. If you file any new claim(s) secondary to your already service connected conditions, VA "can" re-evaluate the primary condition. Not that the primary condition rating will change but it is possible and if it does change you will have to appeal. ED is a SMC payment of about $110 a month or so. Filing a claim for IBS will not grant any extra benefit, just a new rating maximum of 30%. IMHO, a veteran rated at 100% scheduler P & T or 100% TDIU P & T should focus on any life threatening condition compared to filing claim(s) for any and all disability conditions.  Example of life threatening conditions are; Sleep Apnea, Heart Disease, and A O Diseases and any disease that could shorten a veteran's life.

Some benefits of being rated P & T are Chapter 35, Champ-VA, Dental Care at the VAMC, Waiver of life Insurance. In your packet should be a VA Form 21-8760 that talks about benefits for veteran that are Total and Permanent Disabled.  Also check out any state benefit for a 100% disable veteran like property tax exemption.

I wasn’t aware TDIU P&T granted dental services...that’s nice. Regarding the state benefit on property taxes, my fiancé currently owns the house we live in. From what I gather, it says the veteran must own the residence to qualify. Any direction on what can be done? I’m assuming if I have her add me to the deed, that would suffice? Or is that wrong? 

Edited July 28, 2020 by MarineLCpl
typo (see edit history)

[brokensoldier244th]

It wouldnt be 'wrong' it just would 'be'. You'd talk to the loan company first- they may have a process in place already. (https://www.wisebread.com/5-things-to-know-before-adding-someone-to-the-deed)

Once that is done then the house is your primary residence as well, you don't need to be sole deed holder. I did similar with my wife's car- I put myself on the loan at the time, knowing that I could then use my personal property exemption for a vehicle for her car, which was the new one. Call the County treasurer after the deed is finalized and recorded and find out what the process is for your county for the homestead exemption. 

[MarineLCpl]

11 minutes ago, brokensoldier244th said:

It wouldnt be 'wrong' it just would 'be'. You'd talk to the loan company first- they may have a process in place already. (https://www.wisebread.com/5-things-to-know-before-adding-someone-to-the-deed)

Once that is done then the house is your primary residence as well, you don't need to be sole deed holder. I did similar with my wife's car- I put myself on the loan at the time, knowing that I could then use my personal property exemption for a vehicle for her car, which was the new one. Call the County treasurer after the deed is finalized and recorded and find out what the process is for your county for the homestead exemption. 

Got it. I’ll mention it to her and see if she’s interested. When you say you used your wife’s vehicle, I’m assuming you meant sales tax relief? Is that something different? I wasn’t aware you could use the homestead exemption for a vehicle also...I do see that it can only be used once a year. 

[brokensoldier244th]

3 minutes ago, MarineLCpl said:

Got it. I’ll mention it to her and see if she’s interested. When you say you used your wife’s vehicle, I’m assuming you meant sales tax relief? Is that something different? I wasn’t aware you could use the homestead exemption for a vehicle also...I do see that it can only be used once a year. 

It doesn't, Nebraska has a separate exemption for 1 vehicle for 100% veterans. I rarely drive, so I put myself on her car loan for the rare occasions when I do (her car was more comfortable for me to drive at the time, higher sitting, and more compact). Thus her care became the 'primary' vehicle. 

[GBArmy]

MarineLCpl Add your name to the deed and get a change at the town or county tax office. At the same time put in for any additional tax benies from the town/state like maybe 100% tax exemption? In fact, check the states' website for disability benles also. You earned them, get them. As I tell people who are looking for VA disabilities: " They don't give VETERAN benefits to anyone but Veterans. So, if you have a benefit that is worthwhile to you and you have it coming, get it. Otherwise, they will drop it because no one uses it and you're hurting the next guy coming up that could use it.

[pacmanx1]

Quote

I wasn’t award TDIU P&T granted dental services...that’s nice. Regarding the state benefit on property taxes, my fiancé currently owns the house we live in. From what I gather, it says the veteran must own the residence to qualify. Any direction on what can be done? I’m assuming if I have her add me to the deed, that would suffice? Or is that wrong? 

At the present COVID-19 time, I am not sure if the VAMC is making any kind of dental appointments.  You would have to contact your local VAMC. As for the property taxes, whatever you do just make it legal.

DENTAL TREATMENT
Veterans who have a permanent and total, service-connected disability may be entitled to free dental treatment. You may contact the nearest VA medical center for assistance.

[MarineLCpl]

19 hours ago, GBArmy said:

MarineLCpl Add your name to the deed and get a change at the town or county tax office. At the same time put in for any additional tax benies from the town/state like maybe 100% tax exemption? In fact, check the states' website for disability benles also. You earned them, get them. As I tell people who are looking for VA disabilities: " They don't give VETERAN benefits to anyone but Veterans. So, if you have a benefit that is worthwhile to you and you have it coming, get it. Otherwise, they will drop it because no one uses it and you're hurting the next guy coming up that could use it.

If it involves saving money, I’ll surely look into anything available. Retirement is a big fear of mine since I can’t contribute to an IRA with VA funds...something that needs to be addressed, the current regs are very outdated...

2 hours ago, pacmanx1 said:

At the present COVID-19 time, I am not sure if the VAMC is making any kind of dental appointments.  You would have to contact your local VAMC. As for the property taxes, whatever you do just make it legal.

DENTAL TREATMENT
Veterans who have a permanent and total, service-connected disability may be entitled to free dental treatment. You may contact the nearest VA medical center for assistance.

Yeah, I wasn’t aware of that at all...it really is good news. And I think you’re right..I have had several appts cancelled this year due to covid.