Is TDIU Always Permanent and Total

[aggravating_coyote]

Hi,

I was recently rated as 70% disabled secondary to something called Frontal Lobe Syndrome.  I no longer have gainful employment so I'm applying for TDIU.  For my wife to have access to ChampVA, must TDIU be specifically rated as "permanent and total"?  Or, is TDIU always rated as P&T?

Thanks

[GBArmy]

TDIU is NOT always rated P&T. See this link for ChampVA. https://www.benefits.gov/benefit/318

[pacmanx1]

GBARMY, is correct that TDIU is not always rated as P & T. It depends on the severity of the disability and the nature of the disability. If a veteran is diagnosed with a severe heart condition that condition is not likely to get better. If a veteran has a chronic condition/disability that has been static for five or more years, then it can be considered P & T.  A veteran can get a doctor's letter/statement that his/her service-connected disability is permanent and not likely to get better or it is expected that his/her condition/disability/limitations are permanent then the veteran can request P & T. VA normally re-exam a veteran to determine if his/her condition has gotten better or has become permanent. 

[Buck52]

3 hours ago, aggravating_coyote said:

Hi,

I was recently rated as 70% disabled secondary to something called Frontal Lobe Syndrome.  I no longer have gainful employment so I'm applying for TDIU.  For my wife to have access to ChampVA, must TDIU be specifically rated as "permanent and total"?  Or, is TDIU always rated as P&T?

Thanks

Would this be in the mental health Area?  >is'' Frontal Lobe Syndrome''  CONCIDERE TO BE  TBI? PTSD?

Make sure they didn't low ball your ratings  check the rating critera out for your symtomps from the caused or related to  Frontal Lobe Syndrom?

you should have got a letter letting you know  due to your SERVICE CONNECTED DISABILITY your s.c. disability will not improve within your life time as it is chronic or of nature, this will meet the Criteria for your spouse educational allowce and CHAPTER 35  ChampVA iNSURANCE  AND A 10.000 LIFE POLICE FREE..but you need to apply for the free life insurance and also ChampVA Insurance....they should be a lette in with your award letter for TDIU  P&T  and they never wrote  no more exams is shcheduled...... If all of this is in your packet...you need to file for these extra benefits.

IF YOUR CONDITION WAS NOT mention that s.c. disability WILL NOT IMPROVE IN YOUR LIFE TIME AND YOU WERE ONLY GIVEN THE IU  WITHOUT P&T then you more than likley just be paid at the 100% rate  until they call you up for another C&P Exam.

you can file for P&T IF THEY DIDN'T AWARD IT....IF YOUR SC DISABILITY WARRANTS.

[broncovet]

From what I have actually seen happen, mostly, TDIU is considered P and T.  However, as others have said, VA does not always grant P and T with EACH TDIU.  

Your decision should so state, something like: 

1.  No future exams are scheduled.

2.  Eligibility to Chapter 35 DEA is established.  

    These are buzz words you are p and T.  

In the "letters" section in ebenefits, it probably says whether or not you are P and T.  

 

[aggravating_coyote]

A PET scan shows pathological changes in my brain, thus the Frontal Lobe Syndrome.  The decision letter does not indicate P&T for this decision, even though the condition will not improve.  I've quit working because of my cognitive and behavioral issues.  I was fired from my last job because of behavioral issues.

My VSO suggests TDIU is the next step.  But, what I really need is ChampVA for my family.  Since ChampVA requires P&T disability, what are the steps for getting this rating?  Or, should I appeal the 70% rating, requesting 100% P&T?  

I self-submitted my last two claims, I'm also rated 10% for tinnitus, so this is my first time using a VSO.

 

Edited May 4, 2021 by aggravating_coyote
Clarification

[GBArmy]

I agree with your VSO; getting an increase by way of TDIU may be your best bet. You may be awarded P&T with the re-eval. So, quickest way is to request a HLR. That assumes you have the evidence in your record that your condition will not be getting better.