If you get P&T, should you still keep trying to get increases?

[mb76]

Some people say "don't do anything after you get P&T because it will tell the VA that your conditions are not stable".

 

Others say "NEVER stop putting in for increases that you are entitled to. If the VA ever lowers a rating for one of your conditions, having other conditions highly rated will prevent your total percentage from decreasing."

 

Who is correct?

[pacmanx1]

1 hour ago, mb76 said:

Some people say "don't do anything after you get P&T because it will tell the VA that your conditions are not stable".

 

Others say "NEVER stop putting in for increases that you are entitled to. If the VA ever lowers a rating for one of your conditions, having other conditions highly rated will prevent your total percentage from decreasing."

 

Who is correct?

IMHO (IN MY HUMBLE OPINION) that is a question only the individual veteran can answer. What I would say is that once a veteran hits the P & T status, it is not likely the VARO would try to reduce the veteran’s rating. I have been rated 100% P & T for well over a decade, but I have had appeals going on longer than my 100% scheduler P & T rating and the VARO has never questioned my P & T status. Keep in mind that once a veteran is awarded P & T, the veteran’s disability is considered to last for the rest of the veteran’s lifetime. I would also say that, if a veteran is rated P & T and then is diagnosed with a new life-threatening disability, the veteran should try to get that disability service connected, just in case that, that new disability could be the cause of his/her death.

Because my appeals have been on going prior to my P & T award, I was given and expect to get a retro payment for my EED (EARLIER EFFECTIVE DATES). I have been asked several times if I wanted to withdraw my appeals but if I do, I would be given up the chance of being awarded tens of thousands of dollars of retro. When I left the military, I was given separation pay and before I got a dime from the VA, the VA recouped every penny so, in like terms or manners, I feel my claims should be awarded and I am trying to recoup all my benefits. I can’t get my separation pay back but if I can get my retro pay for an EED, I will take it.

[broncovet]

I agree with pacman.  Its like arguing what is your favorite color?  "One size" does not fit all Veterans.  

Example 1:  "Joe" Veteran has 100 percent P and T, and additiionals combining to 50 percent, but no SMC S.  Well, Joe, probably should keep going "at least" until he gets his SMC S, especially if he is not working.  

 

Example 2:  "Rich" Veteran has 100 percent P and T, and also has an inherited trust fund which pays him 10,000 per month.  His disabiities have not changed.  He probably does not need the money, and should leave it alone.  

     Each Vet is different.  

Edited December 30, 2021 by broncovet

[pwrslm]

In addition to the points made above, a big reason to claim secondary and/or other service connected conditions is because of the benefits that your dependents/spouse would need in case of your death.

Suppose that you have XYZ condition. Secondary to that condition lets say is sleep apnea. Sleep apnea is linked to cardiovascular problems and pulmonary problems which can kill you. If you died from either and they were not SC, your dependents would be denied DIC. It would be a battle for them to get these conditions awarded posthumously. Sleep apnea, and related conditions included as secondary service connections is a basic step all vet's should be aware of. This may sound morbid, but it is just as basic as you would consider life insurance. We should not fear reprisal for legitimate claims.  

Edited December 30, 2021 by pwrslm

[Berta]

Absolutely!  Secondarys should be claimed! Great advice here!  

 

 

 

[broncovet]

Correct.  We have discussed this in the past.  "If" you could die from the (SC condition), then yes, you should apply even if it does not change your pay, because it can affect your spouses DIC.  

The cause of death, however, does not matter (SC or no SC) "if" you have been service connected P and T for 10 years or more before death.  

But, check here for the particulars:

https://www.va.gov/disability/dependency-indemnity-compensation/

[mb76]

I understand getting service connection but I'm talking about getting increases on existing SC disabilities. I would be interested in making sure that if I ever get lowered that I my total rating wouldn't go below 100%.

 

14 hours ago, broncovet said:

Correct.  We have discussed this in the past.

Who is correct?