P&T Rating Ask and you may receive

[Dustoff1970]

In May 2000 I sent a claim to VARO asking that my PTSD TDIU rating of 1998 be made Permanent and Total and in August of 2000 the VARO did just that in a decision saying I was now considered permanent with my TDIU rating being considered Total.  The VARO based their decision upon "review of my claims file" only with no C&P exam required or further evidence from me.

Also in early 2000 I filed claims of CUE and VA INjury section 1151 that were included in an Equitable Relief Claim for Administrative Review that I sent directly to the VA Secretary with copies to the head of the VBM and to many U.S. Senators and Congressmen of many states. So all this played together for my benefit with several years of backpay of the original TDIU claim.  If you think you have strong evidence to support your claim request then go for it as it does not hurt you one bit IMHO as there is very little downside.  All they can do is say no or not respond to you.

There are more than a few yahool experts in the open internet universe that along with other misleading information constantly tell vets they cannot receive a P&T rating simply by asking for it.  This of course is pure BS as I am sitting here looking at both my un scanned claim filed as a statement in support of claim and also the actual un scanned official August 2000 decision letter from the Waco VARO. I will scan both documents when in the mood for future forum publication.  I have copies of everything from 1985 forward and including Army medical records I have from Vietnam, Japan in 1970.  Being a pack rat has paid off well for me.

Always check with Hadit first before asking the yahoos at another point in space.  It is always good to compare answers from different sources though.

My comment is not legal advice as I am not a lawyer, paralegal or VSO. What works for me may or may not work for you.

https://www.facebook.com/Veterans-Information-Journal-105893908788750/

 

Edited May 13, 2022 by Dustoff 11

[Tbird]

I had a similar experience. I called Peggy asked about being made P and T, I thought she would send me out some paperwork to fill out. But within the month I got a letter stating I was now considered P & T.

[Vync]

I have heard other veterans who were at 100% schedular indicate they were able to get P&T. When I was granted 100% P&T a while back, it was based on a five year-old appeal. I asked my VSO about it and they looked into it. They came back and said P&T was granted because I had several different physicians comment that my conditions were not expected to improve (they were right), plus it had been five years. 

[john999]

When I got TDIU  I immediately  appealed to get P&T because my IMO said it was permanent.  I won the P&T about 6 months later.  I did not want to wait five years because my state benefits depended on having p&t.  I got a complete tax exemption based on being p&t.

[Whodat]

This is one of the postings that have great info and I have learned a lot.  I have never applied for TDUI and didn't even know that I had to.  I should have a long time ago. 

[broncovet]

Whodat:  

    "Maybe", just maybe, "if" you told your doctor "you were out of work" after applying for benefits, "this could be construed" as a claim for increase, provided that your doctor documented same.  

     Its called an "informal claim for increase".   While informal claims have been done away with some years ago, it still applies to older legacy claims.  Maybe someone else knows the date informal claims for increase went away, but, for sure, if you think it may apply, consider getting an attorney to get you retro, "if you dont feel confident you can do this by yourself."

     I got some retro benefits based upon "a reasonably raised  informal claim for increase" with tdiu.  Of course I had to fight for it.  

[Whodat]

@broncovet thank you so much. That is great info. I am going to look into it very hard. 

My PC at the VA had stated that in my VA notes and completed a form stating that I needed time like a year off of work. That was in 2020. I have not returned back to work being that I am in so much pain. 

I am 70 PTSD 50 Pes Planus. I have never thought of filing for TDUI.