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?

[GBArmy]

Get a copy of your code rating sheet. If you are P&T, then you should not have any s-c disabilities that are not static. Static is the VA doesn't expect your condition to improve so you are not scheduled for any future exams. Read this last sentence again. You are rated 100% and you are not scheduled for any future exams. So why would a veteran want to shake the tree because your hearing or whatever has worsened and should go from 10% to 20 or 30%??? No reason to. Now, if you are worried about smc's, there are financial advantages for getting increases. Sometimes. SMC's are not supposed to be awarded on a permanent basis if they are likely to improve. Once you have it, you have it. I'm not talking about SMC awarded on a temporary basis, like cancer. You can be awarded 100% on a temp basis and after a specific time, you are dropped down to a lower rate and re=evaluated based on the residuals.It is possible to lose the SMC in that situation.) 5, 10, 20 rules apply. 

[pacmanx1]

On 12/29/2021 at 10:34 PM, 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".

This is incorrect because once a veteran is rated P & T a veteran’s current disability could get worst, and the veteran could put in for an increase and file a claim for a SMC rating or A veteran can review his/her records and find new records not considered and file a claim for an EED (EARLIER EFFECTIVE DATE). Filing a claim for SMC is the next step.

 

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."

This is also incorrect because once a veteran is rated P & T, the VA is not going to go digging in the veteran’s file because the veteran’s disability(s) are not likely to improve. This does not count if the veteran has been considered filing a fraudulent claim.

 

 

Edited December 31, 2021 by pacmanx1

[pacmanx1]

1 hour ago, mb76 said:

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%.

P & T ratings are not just handed out. Veterans have to prove through medical records and opinions that their disability rating should be considered P & T. Try not to listen or give into fear mongering. It is bad enough that the VA throws out a lot of misinformation, but you can find that just about anywhere.

 

[pwrslm]

Increases for SC conditions should be considered based on the severity. If you bump 10%, is it going to impact anything? Or, if you bump 40%, 60%? What is the impact of having 2 100% ratings? SMC's have a staging based on severity. The Government will compensate you for the loss of the ability to hold down a job and support yourself and family. This is the nature of the 100% disability. On top of that VR&E offers the Independent Living Program that puts you on a path helping you to enjoy life instead of being bored for the next 3 or 4 decades. Use it!

SMC is because you suffered extreme injuries that the life you live is extremely limited (like housebound to a bed for life). Compensation for the worst of the worst gets close to 10K/month. 

So the increase's have a purpose. You need to figure out if the condition you are dealing with will achieve your purpose. On one hand, DIC for your loved ones is at stake, on the other, is the severity of your condition ever going to reflect the requirements for receiving SMC as established in CFR.

[Rattler]

Ok so I am assuming by 100% P & T they are saying you have one service connected condition that is 100% that the VA has rated permanent.  The VA rated me 70% PTSD and than CUE it's self on my UI. When I ask 800 Betty she said I was at 70% and the UI made me like I was 100% but it on benefits letter it only shows PTSD 70 %.

[pwrslm]

That is what TDIU is for. The 70% rating was sufficient to prevent you from working and making a living. At this point, some of the things that would throw a monkey wrench into that would be if you took on a full time job making more than the base poverty level as noted by the Federal Government. At this point, that  is $12880 currently. They monitor SS records as well as the IRS, so be aware.