When can you apply for P&T?

[Riplip]

Hello, I am wondering when can you apply P&T? Is there a minimum rating for it? If you have a disability that is not going to get better can you go for it at any rating? Thanks

[brokensoldier244th]

Any disability can become 'static' after 5 yrs of no significant changes. This lessens the chance of mandatory re-examination regardless of age, or length of time you have been rated. After age 55, or 5,10,20 yrs of a condition not changing there are protections on the rating (you can google "protected ratings" and read about that)

P&T is only applied to 100% ratings or extraschedular/IU ratings, or convalescence ratings where you are 100% by regulation due to something like a knee replacement or heart surgery (Ive never seen one of these, thus far).

Ive seen people apply and ask for it, but its not really a 'rating', and by regulation its applied when all the criteria are met- usually during a ratings action of some kind. Basically someone has to look at your claim and see that you meet all the criteria, then apply it. 

 

Start reading at

V.ii.3.D.4.a.  Definition:  Total Disability

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180489/M21-1,-Part-V,-Subpart-ii,-Chapter-3,-Section-D---Evaluating-Disabilities#4

[ShrekTheTank]

You can ask all you want.  Mine was added when I hit 100% and they gave me P&T because my doctors had put notes that my condition will never get better and will only progressively get worse.

I know you can get it with TDIU, but I am assuming it has to be a permanent and total disability.  

If you have your doctors' notes and or are going to see them, you can ask them if your condition will ever improve or will always be permanent.  Ask them to add it to their notes.  3 of my doctors did it for me.  

[Riplip]

OK I see. Thank you for the responses and the linky

[brokensoldier244th]

Mine was applied as part of a 100% rating action in 2016- I didnt ask for it, and I was kinda surprised when I saw it on there because they did it all at one time. Id been static for a while on most things, and worse on a few others, and id been rated, starting with my low back and nerve issues since 2002. Other things crept up over the years. 

[Dustoff1970]

Ask and you can indeed receive P&T as i did in 2000.  I was rated 70% PTSD TDIU on a reopened claim filed in 98 and in 99 received the rating then soon after I sent a letter to Reno VA regional office asking that my TDIU rating be made P&T effective as of at least 98 and the VARO did indeed grant me P&T back to 95 due to serious errors that was later ruled a due process error by the U.S. CAVC court in 03.

My argument for P&T was due to following reasons:  1. Severe level of my PTSD at 70%, 2. Long term PTSD ratings of 30%, 50% from 1985 to 1991, 3. Adverse side effects of strong VA PTSD medications taken for many years, and I included copies of prescriptions and other medical records. 4. Statements of my PTSD symptoms from close friends and even a neighbor.  All they can do is just say no or ignore your request. Although unlikely they can and sometimes do order up another C&P exam to reevaluate your condition.

Also included a copy of the P&T letter request with my VA Injury Section 1151 claim and Equitable Relief & Admin Review claim that I sent to many U.S. Senators and congressmen plus the VA Secretary in addition to a CUE claim filed about same time as TDIU.

Before end of 2000 I received the P&T TDIU rating and of course I still have copies of this and everything else I have sent or received from the VA for over 35 years.

I am a proactive kind of vet and it has worked well for me but may not for others.  I could care less about being popular with VARO raters and always avoid VSOs since 85. 

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

 

Edited July 1, 2022 by Dustoff 11

[broncovet]

You have the right to apply for any benefit at any time.  As already explained, I recommend you check your records, especially doctors notes.  Did they state you are Permanent?  

If so, then you should be able to get P and T.  However, if there is no evidence, it may take a c  and p exam.