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Is TDIU Always Permanent and Total

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aggravating_coyote

Asked by aggravating_coyote,

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aggravating_coyote Explorer

aggravating_coyote

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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

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GBArmy
GBArmy

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

broncovet
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, somethi

GBArmy
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

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aggravating_coyote Explorer

aggravating_coyote

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6 hours ago, GBArmy said:

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.

Thank you.  I do not believe my record has any physician statements indicating my conditions are P&T, so I've began secure message with him.  Hopefully he will add this to my record.

I'm still a little confused if TDIU is always P&T. It seems like I am receiving different responses.

Thank you, everyone!

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pacmanx1 Grand Master

pacmanx1

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It is really hard to explain but I will try. First with medical procedures and medications, the VA is betting some veterans will improve and get better. Next, the human body is a remarkable thing, some veterans can improve and overcome their disabilities and there is no rhyme or reason how they got better. The bottom line is the VA wants to save as much money as possible. Some people think that all veterans are trying to get over, but service-connected benefit are great but not that great. I could be making a lot more if I could go back to work but that will never happen. So, if it is most likely that your condition(s) will last the rest of your life, then the VA is willing to pay you at the 100% rate hoping that you won’t last that long. With the 100% rate or TDIU, the VA is also willing to pay/help your dependents. Not trying to be a downer but it is what it is.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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seminoles Proficient

seminoles

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I was rated IU PT before I was 100% PT with SMCs, when I filed for IU I specifically asked to be rated PT because of the nature of my disabilities.  I had been awarded SSDI based soley on my SC disabilities and used that to help receive IU PT.  I later filed for SMCs and had other things SC which led to my 100% schedular with SMCs.  I specifically asked for the PT when I filed for IU so they HAD TO ADDRESS it and give a reason for denial 🙂 the VA loves to NOT give us our benefits so we have to be smart enough to make sure they have to give a reason they denied them.  I know many veterans rated IU that are not PT.

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Buck52 Grand Master

Buck52

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You may not want them give you the TDIU  P&T .

If your symtomps are  worse enough to grant the SCHEDULED  100% P&T   and its the same with IU/P&T but your only rated the 70% being paid at the 100%rate  this is why I said  check your rating ceiteria  make sure they rated you correctly.

  IF YOUR CONDITION SHOWS IT WILL NOT IMPROVE WITHIN YOUR LIFE TIME then 100%P&T would be the way to go &  you can work if you feel like..TDIU you can't work  or not suppoose to.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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seminoles Proficient

seminoles

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24 minutes ago, Buck52 said:

You may not want them give you the TDIU  P&T .

If your symtomps are  worse enough to grant the SCHEDULED  100% P&T   and its the same with IU/P&T but your only rated the 70% being paid at the 100%rate  this is why I said  check your rating ceiteria  make sure they rated you correctly.

  IF YOUR CONDITION SHOWS IT WILL NOT IMPROVE WITHIN YOUR LIFE TIME then 100%P&T would be the way to go &  you can work if you feel like..TDIU you can't work  or not suppoose to.

I agree if he has an expectation of being able to work again in the future but IU PT or 100% PT they both have the same benefits in most cases (some states treat IU PT differently than 100% PT), I know I never will  be able to again.  My SD disabilities are only getting worse, not better.  Also, might want to consider applying for SSDI.  Lots of people say once you get IU or IU PT never to file anything again.  I am not on that "team", I am on the team that files for what ratings I am entitled to and nothing more.  If my condition warrants a rating of 60% and it currently has a rating of 30% and my overall rating isn't 100% PT then I am filing for an increase.  PERIOD. I will also still file for service connected issues that will potentially cause me serious injury or death, even though I am rated 100% PT.  I have had more than one VSO tell me not to and I don't care what they have to say.  I file it and have gotten my rating every single time.   I honestly didn't care that much about the PT but it is nice to have and we were able to drop our other health insurance and save money on other things.  It all depends on what state you live in honestly how much you will save in other areas but definitely fight for it if your conditions warrant it.  Best of luck!!

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