I have not posted in a long while, but I trust the knowledge of the crowd here on Hadit, and especially some of you really well VA versed people.
My question is, where does it state - indicate, officially, that when you have been granted IU, after being 70years old or having IU when you become 70 years old, the you become P&T?
ptsdlawyers oom - states:
"Once the claim of TDIU is granted, many Veterans then wonder whether it’s permanent. While TDIU can be permanent, that isn’t necessarily so. If a Veteran receives TDIU, the VA may determine that their condition has improved sufficiently enough for them to sustain gainful employment. So if a Veteran receives TDIU and then becomes employed, or the VA determines that they could become employed, the TDIU benefits could be terminated. However, a Veteran may find that their TDIU is permanent if they are 70 years or older or have been receiving TDIU consecutively for 20 years."
statesidelegal org - states:
"Jim's Reply
This is a current topic I'm discussing with a few folks at VA. The way that a "permanent" rating is assigned at VA makes little sense. It's interesting to note that in the VA lexicon, the word permanent doesn't mean that a benefit is permanent. Rather, it means the beneficiary is eligible for some enhanced dependents benefits and that there are no routine future exams (RFEs) scheduled. Otherwise the benefit may be reviewed and modified for cause at most any time. For now it appears that you'll wait until you're 70 years old, an arbitrary age that VA uses for other similar purposes. If you're trying to avoid the future exams with a permanent rating, I'd advise you wait it out. The longer you wait, the less chance there is that your ratings can ever be lowered. If you're seeking the additional benefits for dependents, again...I advise that you wait it out. VA is aware of the issue and I'm seeing some informal positive response to making sense of the P & T confusion."
disabilitylawgroup com - states:
"It is also possible for initially temporary TDIU benefits to become permanent. This happens either if you are 70 years or older or you have received TDIU benefits for 20 years or more consecutively."
I am pretty darn sure I saw it in some form on M-21, 38 CFR, or another government source a year or more ago - just trying to ease my nerves?
Question
VN-Vet
Good Evening All,
I have not posted in a long while, but I trust the knowledge of the crowd here on Hadit, and especially some of you really well VA versed people.
My question is, where does it state - indicate, officially, that when you have been granted IU, after being 70years old or having IU when you become 70 years old, the you become P&T?
ptsdlawyers oom - states:
"Once the claim of TDIU is granted, many Veterans then wonder whether it’s permanent. While TDIU can be permanent, that isn’t necessarily so. If a Veteran receives TDIU, the VA may determine that their condition has improved sufficiently enough for them to sustain gainful employment. So if a Veteran receives TDIU and then becomes employed, or the VA determines that they could become employed, the TDIU benefits could be terminated. However, a Veteran may find that their TDIU is permanent if they are 70 years or older or have been receiving TDIU consecutively for 20 years."
statesidelegal org - states:
"Jim's Reply
This is a current topic I'm discussing with a few folks at VA. The way that a "permanent" rating is assigned at VA makes little sense. It's interesting to note that in the VA lexicon, the word permanent doesn't mean that a benefit is permanent. Rather, it means the beneficiary is eligible for some enhanced dependents benefits and that there are no routine future exams (RFEs) scheduled. Otherwise the benefit may be reviewed and modified for cause at most any time. For now it appears that you'll wait until you're 70 years old, an arbitrary age that VA uses for other similar purposes. If you're trying to avoid the future exams with a permanent rating, I'd advise you wait it out. The longer you wait, the less chance there is that your ratings can ever be lowered. If you're seeking the additional benefits for dependents, again...I advise that you wait it out. VA is aware of the issue and I'm seeing some informal positive response to making sense of the P & T confusion."
disabilitylawgroup com - states:
"It is also possible for initially temporary TDIU benefits to become permanent. This happens either if you are 70 years or older or you have received TDIU benefits for 20 years or more consecutively."
I am pretty darn sure I saw it in some form on M-21, 38 CFR, or another government source a year or more ago - just trying to ease my nerves?
Have a Great 4th of July weekend - be safe
Edited by VN-VetLink to comment
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broncovet
There is a good chance you are already P and T. To find out, check your "letters" section of Ebenefits/va.gov. A VSO with VBMS access may also be able to tell you.
VN-Vet
Well that IS the probability, I have been since mid 2020, then I was called to a C&P exam, an ACE, which the out of state NP put down erroneous info on the DBQ, some may call it not being truthful
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