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80%iu No T&p No Chapter 35?

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KennyJ

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KennyJ

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I was awarded IU at 80% but no T&P and Chapter 35. They said there would be future exams to determine the T&P. My question is should I be contempt with the IU or file for 100% T&P so I can have Chapter 35 benefits for my family.

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Philip Rogers Grand Master

Philip Rogers

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I was awarded IU at 80% but no T&P and Chapter 35. They said there would be future exams to determine the T&P. My question is should I be contempt with the IU or file for 100% T&P so I can have Chapter 35 benefits for my family.

I think you meant content, not contempt but I could be wrong. It would depend on what your disabilities are, whether they may improve, your age and how long you've had these conditions. The VA routinely states "your condition may improve" but if any of it is PTSD I've yet to see anyone improve. If it's physical injuries, they just worsen as we age. So it's up to you. ChampVA and Chapter 35 are certainly benefits worth pursuing. jmo

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john999 Grand Master

john999

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You can appeal the IU rating and ask for the Chapter 35 benefits. Has it been a year since your IU award? You could file an NOD and on it ask for De Novo Review. Get some medical evidence to state you are P&T. Otherwise, it is really a claim for an increase like any other claim since you were denied chapter 35 benefits. Just state in your NOD that you wish to appeal your denial of the Chapter 35. This way the chapter 35 could go all the way back to the date you got IU. This is what I did. I got P&T in 2004 and it went all the way back to 2001 because it was part of an appeal.

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Testvet Grand Master

Testvet

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John a lot of it depends on if your kids are already in college like mine should have been but weren't no money so they used the April 2006 date and waivered it their ages due to the award date of April, 2006 despite the backpay to Dec 03 when the PTSD claim was filed.

I know the VARO is making it harder to get P&T for PTSD and depending on the age may make reviews mandatory every few years I get the suspicion they are going to start getting worse about IU awards also let alone the 100%

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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