Static disabilities

[SPO]

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?

[pacmanx1]

32 minutes ago, Hamslice said:

I don't think there is such a thing as 90% P&T

Ham, P & T is for a condition or a disability and can be given at any rating if the condition/disability is likely to last the rest of the veteran's lifetime.

[GBArmy]

P&T is two things. Permanent means your conditions, no matter how many you have, are all rated static, that is they have been determined by the VA that there  is no chance of improvement. Total means 100%; anything that has a combined rating of less than 100 can't be total by definition. So, a veteran can have a a dozen individual ratings and has a combined rating (using VA math) of 90%. It isn't permanent because it isn't 100%. The disabilities are static. To get P&T you have to be rated for all of your disabilities as static and they must be calculated to be 100%. Most common way is having 100% but one or more of your disabilities are rated not as static but scheduled for a "Future" exam. Veterans have a right to request a  reevaluation for the non-static to be considered permanent and if successful, you can be reevaluated to P&T. TDIU is covered here many times but basically the same. Because it has been determined that you can't work, you are given a temporary rating of 100%; your condition(s) are not static, and the VA will and does give you periodical re-evals to see if any improvement. To get to P&T, the veteran has to show after several re-evals that their disabilities have not gotten better and ask to be made P&T.

[pacmanx1]

40 minutes ago, GBArmy said:

P&T is two things. Permanent means your conditions, no matter how many you have, are all rated static, that is they have been determined by the VA that there  is no chance of improvement. Total means 100%; anything that has a combined rating of less than 100 can't be total by definition. So, a veteran can have a a dozen individual ratings and has a combined rating (using VA math) of 90%. It isn't permanent because it isn't 100%. The disabilities are static. To get P&T you have to be rated for all of your disabilities as static and they must be calculated to be 100%. Most common way is having 100% but one or more of your disabilities are rated not as static but scheduled for a "Future" exam. Veterans have a right to request a  reevaluation for the non-static to be considered permanent and if successful, you can be reevaluated to P&T. TDIU is covered here many times but basically the same. Because it has been determined that you can't work, you are given a temporary rating of 100%; your condition(s) are not static, and the VA will and does give you periodical re-evals to see if any improvement. To get to P&T, the veteran has to show after several re-evals that their disabilities have not gotten better and ask to be made P&T.

GBARMY, P & T is granted when a veteran has a disability (single/one) that would likely continue for the rest of a veteran’s lifetime. It is not awarded for a veteran's overall disabilities and all the veteran's disabilities does not have to be static.  When I was rated 90%, I was then granted two separate ratings that were never rated but those ratings increased my overall combined rating to 100% and the VA granted me P & T at the same time. According to 38 CFR 4.15 Total Disability Rating, it discusses what Total Disability is. Also, TDIU is not a temporary rating, it is a rating with a re-evaluation date. The reason why I try to point this out is because the VA has a convalescent rating which pays the veteran 100% for a short time and then the veteran is re-evaluated and given a final rating. The two are separate and different rating. Veterans do not have to go through multiple re-evaluations to be awarded P & T. If the veteran can prove by medical evidence that it is not likely for his/her disability is not likely to improve then the veteran can claim and get awarded P & T. I know this sounds a little confusing, but we must follow the regulation. A veteran can be rated 100% without P & T and a veteran can be rated TDIU without being P & T. Static disabilities can help veterans get their  ratings considered P & T, but a single disability can be considered P & T by its own nature of not likely to improve and will most likely to continue the rest of a veteran's lifetime.  

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.

 

 

 

[GBArmy]

Pacmanx1 Of course; I never thought about amputations. Can't get more permanent than that!

[Buck52]

The Key words above in my opinion is '' the loss of use''  This includes many other conditions and   other  than amputation's.

Like Loss of use of foot,   foot drop, foot drop is lost of use, Hearing problems  if service connected , if you can't hear well enough to have a job then your hearing is definitely profound  and you have the loss of use of your Hearing.

Most all loss of use  conditions/disability's are permanently, with the exceptions of medical intervention  like TKR.. Total Knee Replacement  a Veteran may have loss of use of his Knees  but when corrected with TKR and his knees are 90% better  he may get a 10% rating for the other 10%  if the VA thinks he is 10% disabled in his knees after the TKR.    After a Veteran proves his loss of use of anything on his body was caused by or related to to include a secondary condition that he has loss of use in...  That was related to or caused by his military service  and is service connected  the hard part is over..   >.Normally

[pacmanx1]

My fibromyalgia rated as 40% got me my combined 100% P & T. I was 90% for about two years and when the VA rated my fibromyalgia service connected, they also granted me P & T. I have all my limbs but there are days when I can barely get out of bed or do basic living activities, but all this was noted by my VAMC treatment notes. Fibromyalgia is widespread chronic muscle and nerve pain with no relief.