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Can TDIU P&T be reduced or new evaluation exams requested?


Tango India Mike

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I just found my benefits summary letter on VA.gov has been updated. My combined schedular rating remains at 80%. My letter says that I will be compensated at the 100% rate due to my TDIU. It goes on to say that I am considered Totally and Permanently disabled. Two questions, actually...does this make me eligible for ALL of the 100% benefits in addition to the compensation?...and does Permanent & Total mean that it's locked in for life with no future exams or possibility of reduction or withdrawal? I understand that it can be revoked if I become substantially and gainfully employed, so we don't need to discuss that aspect. If I remain unemployed for the rest of my life, am I locked in for 100% compensation without being re-evaluated?

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Yes a P&T TDIU rating or just a TDIU rating is equal to a 100% scheduler rating for the purpose of same additional benefits from VA such as full dental and eye care from eye and dental clinics and many state Governments benefits depending upon your home state as they vary from state to state. 

With the P&T TDIU rating/status you can also get the U.S. military DOD/DD ID Card that is similar to the military retired ID card that will give you access to military bases to shop at the PX/BX and use their recreation facilities on and off base and also fly space available (Space A) on military aircraft.

In the past I have flown Space A all across USA on many different types of AF planes including a General's private AF Jet Star on my Army reserve ID and can also now do so on my tan DD Form military ID card as a P&T Disabled vet.

You have to go to the nearest active or reserve military DEERS office and apply for the ID card.  Take your DD214/215 and your VA letters stating you are 100% Permanent & Total and paid at the 100% total disabled rate if you are TDIU P&T.

Your P&T TDIU rating is protected from termination after 10 years but can be reduced if VA thinks you have substantially improved in your health condition.  VA has to prove your health rating has significantly improved before reduction takes place and they have to give you at least a 60 day notice of their proposal to reduce.

After 20 years (such as my P&T TDIU) your TDIU rating cannot be reduced or terminated unless fraud is discovered in your obtaining the VA disability benefit.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited by Dustoff 11
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Posted (edited)
1 hour ago, Dustoff 11 said:

Your P&T TDIU rating is protected from termination after 10 years but can be reduced if VA thinks you have substantially improved in your health condition.  VA has to prove your health rating has significantly improved before reduction takes place and they have to give you at least a 60 day notice of their proposal to reduce.

I guess I'm still a little confused about P&T. I had the understanding or impression that once a veteran is rated P&T, they could not be reduced. Am I wrong on that point, or Is there an exception for TDIU? I realize there could be a reduction or revocation if I become gainfully employed for a year or more, or if fraud is discovered, but outside those two caveats, I thought P&T meant no further exams and no reductions.

EDIT TO ADD: I just found this at a website called VA Claims Insider.

"Total and Permanent Disability VA, also known as 100 percent P&T, applies to veterans whose disabilities are Total (any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation) AND Permanent (impairment is reasonably certain to continue throughout the life of the disabled person).

Many veterans mistakenly interchange “Permanent” and “Total,” when, in fact, they have very different meanings.

For example, a veteran can have a Total disability that’s temporary, such as a total knee replacement OR a Permanent disability rated less than 100 percent, such as Sleep Apnea that’s been rated at 50 percent for the past 10 years.

Veterans can also be BOTH Permanent and Total, not just one or the other.

The major benefit of being deemed both “Permanent and Total” or 100 P&T is that veterans are protected from a VA ratings reduction.

This means the VA can NEVER reduce your VA rating!

Furthermore, being rated 100 percent P&T entitles you or your family to a host of additional VA benefits, which are highlighted in this post below."

Edited by Tango India Mike
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Sorry to say but even a P&T rating can be reduced before 10 years has expired.  Again The veteran would have to show by medical treatment records and at least two or probably more consecutive C&P exams a prolonged sustained improvement in your disability rating.  This is not common and highly unlikely  and I  have never read a BVA or court decision reducing a P&T rating.  

Many knowledgeable others can confirm what I said in my first reply to you but you should research the 38 CFRs as I have done and also court and BVA decisions and most importantly ask the advice of other experienced vets and or a VSO on your concerns.

I did not file any additional claims until AFTER my P&T TDIU rating had been in effect for more than 20 years so as not to open a can of worms and give the chicken chit VARO raters an excuse to call me in for a C&P exam on a fishing trip.  To each his own.  In the last 6 years I have filed several successful additional disability claims and still others are pending.  End of transmission, over and out. I am outta here.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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TDIU and 100% schedular pays the exact same compensation benefits. P & T is an ancillary benefit that gets you the other benefits like CH 35 DEA Dependent Education, CHAMPVA, and Military ID Card. Plus some state benefits, like property tax exemption, you have to check your state

Once a veteran is rated/adjudicated as being P & T, it is not likely the veteran would lose these benefits or be re-scheduled for any more exams except if the veteran file new claims or a claim for SMC which is a higher payment above TDIU and 100% schedular.

With all that said, if a veteran is granted/awarded TDIU and returns to work and work a consecutive twelve (12) months, the VA could re-evaluate the veteran’s disabilities. Keep in mind that TDIU is for veterans that can’t work due to their service-connected disabilities, and it is not for veterans that simply can’t find a job.

Try not to confuse Convalescent TDIU with TDIU P & T.  The difference is the Convalescent TDIU will be re-evaluated after the recovery time and TDIU P & T will not be re-evaluated.

Can TDIU be reduced, in certain situations as you posted yes. If you are rated TDIU and return to work and work 12 Consecutive months and is deemed rehabilitated the VA could re-evaluate your TDIU rating.  I had a veteran contact me because she was rated TDIU and getting SSDI, but she was offered a government position and she took it and worked thirteen consecutive months and was deemed rehabilitated and the VA re-evaluated her TDIU rating and returned her rating back to the schedular rating 70%. She was deemed rehabilitated by the SSA and they stopped her disability pay and then she had a bad PTSD episode where she lost her job. I politely told her that due to her condition, she had to refile her claims and go through the process again and that with her condition it is best she accept the fact that she could never work again. Disabilities have good days and bad days and with PTSD, you never know what could/would trigger a bad episode. So, yes it can happen.

Also keep in mind the human factor, there are some people out there for whatever reason will try to set you up or try to get under your skin to get you in trouble. It is not worth it; the CH 35 alone is one of the best benefits that the VA would pay your dependent college education program.

 

 

Edited by pacmanx1
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2 hours ago, pacmanx1 said:

Try not to confuse Convalescent TDIU with TDIU P & T.  The difference is the Convalescent TDIU will be re-evaluated after the recovery time and TDIU P & T will not be re-evaluated.

Correction for clarity. Convalescent TDIU should not be called/considered TDIU, it is a TD (Total Disability rating and has nothing to do with Individual Unemployable. 

4.30 Convalescent ratings.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to § 3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.

eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities

 

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  • HadIt.com Elder

If you are getting TDIU and you are over the age of 70 and return to some kind of employment are you still in danger of losing TDIU?  If you are getting SSD and return to gainful employment you will get slammed most likely but not so sure about TDIU.  I have read that they check on those under the age of 65 for TDIU.  I would not take a chance unless I knew more but many need income and might be tempted.  TDIU is really small money these days.

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