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Was doing my homework this weekend lol

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Mr cue

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Ok so I need a few opinions on this.

38 CFR § 3.340 - Total and permanent total ratings and unemployability
§ 3.340 Total and permanent total ratings and unemployability.

(a) Total disability ratings -

(1) General. 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. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.

(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:

(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;

(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and

(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.

(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of 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 bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.

 Ok here my thing part b.

To get a PT rating u must have one of these conditions.

Loss of use hand etc.

So if veterans get a PT rating they should be getting loss of use under smc benfits by this

Now in my case they keep make me apply for loss of use. When I been out over Pt 26 years.

Am I reading this wrong.

 

 

 

 

 

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You posted:

    

Quote

To get a PT rating u must have one of these conditions.

Loss of use hand etc.

So if veterans get a PT rating they should be getting loss of use under smc benfits by this

No, its NOT required to have "loss of use" of a hand or other body part to get P and T.  Its ONE way, but not the ONLY way of getting P and T.  

I am 100 percent P and T, and have no loss of use of hands, feet, or other body parts.  However, in the judgement of the rating agency, (based on my doctors statements), I am unable to maintain SGE due to SC conditions.  

Many people are permanently disabled without losing loss of your hands or feet.  PTSD Vets are one example.  If you are 100 percent PTSD, its possible or even likely that your hands and feet work fine.  However, you had some trauma in the military, that caused your head to have PTSD.  Maybe you had to watch your buddy's head blown off.  Often, PTSD Vets have night terrors, sometimes attacking their own wife, thinking the enemy is out to get them.  Some are suicidal and companies dont want a PTSD VET, with suicidal tendencies, who knows how to use weapons, working in their place of business for some VERY good reasons.  

In this example, their PTSD is often P and T, sometimes 100 percent, but their hands and feet can be just fine.  Others, of course, get injuries to their own hands and feet.  

   I agree, the regulations are confusing, and subject to interpretation.  

   Another important example of confusing regulations is "bedridden".  

    "Bedridden" (permanently), means you get SMC L, if service connected.  But, being bedridden is not the only way of getting SMC L.  You can need Aid and attendance "even if" you can get out of bed, but if you can not get out of bed, you certainly need A and A.  

    The regs lump "bedridden" and Aid and attendance together, so many Vets dont get A and A because they think they are not eligible because they are not bedridden.  

    But you dont have to be bedridden to get A and A.  You just need the assistance of others.  

Read this:  https://www.law.cornell.edu/cfr/text/38/3.352

 

Edited by broncovet
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Yes.  I read what you posted.  P and T is a judgement call made by your doctor...not by whether or not you have use of your hands or feet.  

    You have to read the regulations "in totality", not just rely on a single regulation.  Example:

Say you have lost a leg, in service.  So, you get benefits, right?  Not so fast.  

You have to meet "eligibility requirements" explained in other regulations, ALSO.  You may not be eligible for benefits because your discharge prevents them or because you were not in the service long enough.  

My son was injured in the service, but gets no benefits..not even VA loans.  Why?  Because he was in the reserves, and did not meet the "eligibility requirements.  To get benefits of the reserves, you have to be in the service a minimum period of time "beyond training".  

These are examples of why you can not just take one regulation or one case law and apply it to you WITHOUT considering other regulations.  

 

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6 minutes ago, Mr cue said:

Are you reading the cfr.

Part b. Which Explain how one gets pt.

Even explains when not.

 

I think those are more of a guideline than a rule.  The second sentence is what they used in my decision.  I also not have the lose of use of a body part, but I am 100% P&T as my conditions will never improve and will only ever get worse.  

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