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?

[Buck52]

Pacmanx1 mention /quote

''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  (True). It is not awarded for a veteran's overall disabilities and all the veteran's disabilities does not have to be static.   False  a Veteran can have a P&T Rating if he is under 100%   

   '' 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''  This is true but a Veteran can have a  TEMP TDIU Rating while he is IN THE HOSPITAL OR LAID UP UNTIL His disability has shown Improvement s.c. disability is improved by surgery or Devine intervention. If medical Dr say the veteran has shown improvement after a medical exam

Note**  Veteran can be or have a static/chronic, or of nature S.C. Condition   , to be Consider for P&T

When a Veteran has a total rating  but is not at 100%  total means he has a total %rating and normally granted P&T AS I UNDERSTAND IT  TOTAL MEANS BEING PAID AT THE 100%  WHILE AWARDED TDIU.

Example  I was rated 60% and increase  30%   that put my rating at 90% on the original s.c. claim   because I could no longer work or do any type of employment They granted me the TDIU P&T, SO I WAS 90% BUT BEING PAID AT THE 100% RATE AND HAD ALL THE BENEFITS OF A SCHEDULE 100% RATED VETERAN WITH P&T  THIS INCLUDED THE PROPERTY TAX BREAK WE VETERANS GET BEING 100% 

 Note*my s.c. condition was of nature and not expeted to improve in my life time  and I had no future exams to be scheduled.

That's not my rating now, I applied for another separate and distinct condition not of my original s.c. condition  and was granted a 70% rating  this made me have a final schedule 100% rating with P&T And I met the SMC S House Bound also had ED CLAIM service connected at 0% but paid  on top of my other compensation ratings.

Edited April 17, 2021 by Buck52

[pacmanx1]

17 minutes ago, Buck52 said:

False  a Veteran can have a P&T Rating if he is under 100%   

   '' 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''  This is true but a Veteran can have a  TEMP TDIU Rating while he is IN THE HOSPITAL OR LAID UP UNTIL His disability has shown Improvement s.c. disability is improved by surgery or Devine intervention. If medical Dr say the veteran has shown improvement after a medical exam

I know that we are trying our best to give the best response possible but I think you missed my post.  

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. This is the same thing that you are referring to about being hospitalized.

I also posted in this thread: 

Quote

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.

The reason why I say that TDIU is not a temporary rating because a veteran can have His/her TDIU made P & T whereas the Convalescent rating will be re-evaluated. 

[pacmanx1]

TDIU Rating pays the veteran 100% and is subject to a re-evaluation maybe 1, 2 or 3 years or so and can be rated P & T. A Convalescent Rating pays a veteran 100% and is subject to a re-evaluation 3 months to a year and cannot be rated P & T.

[Buck52]

 

This is true  however I have seen a TDIU Veteran condition actually improved and he went back to work  of course the VA Pulled his  IU, but rated him according to his rating criteria of his S.C. Condition.

in a case like that its more beneficial for the Veteran not to be TDIU  due to if he is  he can't work , in this case he could work but still at the 90%  but without the IU.

He could work if he was P&T  but not granted the IU.

There are Veteran with P&T And still work...but but but if they are granted the IU they are not supposed to be working  because this is why they was granted the IU EVEN IF THEY WERE NOT 100% the IU is granted due to the Veteran could no longer do the work he was trained to do.

[Buck52]

I am asssuming the veteran is TDIU  P&T.

 ALSO if he is not TDIU AND UNDER THE 100%  IF HE GOES INTO THE HOSPITAL FOR A SEVICE CONNECTED DIDABILITY   WHILE IN THE HOSPITAL AND DEPENDS ON THE RELEASE ANS RECOVERY TIME  HE DOES AND CAN GET THE 100% Convalescent  PAY YOU MENTION.

as for as being granted I.U.  Your correct  they are no TEMP IU Ratings that I know of?

[pacmanx1]

I think we are on the same page, but it is really tricky once a veteran is rated 100% TDIU. I had a veteran contact me about their benefits. They were rated 100% TDIU and on SSDI but they wanted to go back to work, and they did. This veteran was rated for PTSD and was working for the federal government and accepted a permanent Job. The veteran had no problems, and their rating was converted back to the regular schedule and from what I understand is that once the veteran had worked and completed twelve (12) consecutive months then the veteran would be re-evaluated. Well, the veteran went thirteen (13) months and had a bad episode and got fired. I had to explain to them that they were  rated TDIU and getting SSA benefits then they should accept the fact that they were medically retired, and they could volunteer but don't even think about going back to work.  I explained to them that now they had to start all over again to try to get the benefits back that they said they were better, and they are going to have to prove that they are disabled again with new medical evidence. That (13) consecutive months just proved that they could work and now they had to convince both the VA and the SSA office that they are unemployable. The veteran never contacted me again.