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Static disabilities


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I just reviews my disability ratings in my C-file.  Everything is rated as “static”.  I also have a pending appeal that could push me to 100%.  If the items on appeal are also rated as static, would this translate to getting 100% p&t?

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Maybe. You must not have any current disabilities that have a comment about future exams pending. In effect, all have to be rated static to end up with P&T. Your "new" disability also has to be rated as static; no indication/expectation that it will ever improve. As a side note you should be using a calculator and plugging in your new anticipated rating for the new one. Understand the concept of "VA math." You may have to go back and request that your "new" rating be re-evaluated at a later date for the purpose of getting it classified as static.

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All of my current disabilities are listed static and the section about future exams says “none”.  I believe the ones on appeal will be listed static as well since the joints on my last claim that were granted are static. the appeal is for the rest of joints that were denied (arthritis claim) so it’s the same condition.  I have used the calculator multiple times based off the info in my last c&p exams and it puts me well over 100% if they overturn the denials.

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It really depends on the nature of the disability. When I was awarded/granted 100% I was also granted P & T. My last two disabilities were not rated nor on appeal, but the two disabilities pushed my combined rating to 95% and the VA then rounded up and granted me 100% P & T without me requesting the P & T.  The VA then contacted me asking me if I wanted to withdraw all my claims on appeal. I can only speculate that someone at the VA thought that if they would grant me 100% P & T that I would withdraw all my claims on appeal. I told them that I wanted my claims to continue and be considered for service connection. If I had withdrawn my claims, I would have given up thousands of dollars. My claims on appeal had a potential EED if granted. One of my claims was granted back to 1998 and I still have one pending. 

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Well 100% non P&T I think is better than a 90% P&T.  But my guess is they rate it 100% P&T if and when you get your new rating.  You have too many static claims IMO not to get the P&T.

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