P & T or Not P & T

[pacmanx1]

This is to try to help anyone questioning if they are P & T or not. I have been rated 100% scheduler P & T for well over a decade and a half, but the VA recently settled one of my appeals that have been going on for the entire time that I had this rating. So, it turns out due to my medical records the VA decided to award me an EED of P & T when they granted me an EED of 100% TDIU. That’s right, I was granted 100% scheduler P & T then due to this new decision the VA awarded me several years earlier of TDIU P & T but my point to this post is that even in this recent decision the VA added the VA form 21-8760 that explains benefits for veterans that are rated P & T (Additional Information for Veterans with Service-Connected Permanent and Total Disability). So, the VA awarded me a few years of extra P & T benefits along with this new rating. In determining if the veteran is P & T or not, please look in your rating decision that awarded you TDIU P & T or 100% scheduler P & T and hopefully it is there or look for the quote “Basic Eligibility Under 38 USC CH 35 is Granted.” that should hopefully shed some light on your question. I agree that these decisions are getting increasingly confusing.

21-8760 (va.gov)

[jfrei]

The VA did this to me I was 100%tdiu P and T and then made scheduler not P and T. I just went into the regional office and spoke with them, they said it was overlooked by the rater and I was still P and T. Go stomp your feet at the RO theyll help if you can!

[namvet6567]

Personally, I've never seen a 100% schedular award w/TDIU.  Any chance someone can post the actual portion of their decision, that states that, for me.  TDIU has always been paid at the 100% rate, for a lower rating but not for a 100% schedular rating.  Of course, they may have changed that in recent yrs.  Thx

[Dustoff1970]

My downloaded letters from VA gov state I am 100 p and t and gives date of the award.  Previously it said I was tdiu p&t before my up grade to 100 p and t scheduler.

[pacmanx1]

1 hour ago, namvet6567 said:

Personally, I've never seen a 100% schedular award w/TDIU.  Any chance someone can post the actual portion of their decision, that states that, for me.  TDIU has always been paid at the 100% rate, for a lower rating but not for a 100% schedular rating.  Of course, they may have changed that in recent yrs.  Thx

Let’s keep in mind that rating decisions are based on medical evidence and effective dates. I was awarded/granted 100% schedular P & T with an effective date of 2008. When the VARO made this decision, I still had one appeal pending and by the time the BVA and the VARO made their new decision on my appeal, I was granted an increase in rating which awarded me a TDIU P & T rating with a 2005 effective date, but I appealed this rating again because I felt that the VARO low balled my rating. The BVA then granted me an increase (higher rating) in which that also awarded me an even earlier effective date of TDIU P & T going back to 2003. My ratings are going backwards because I am trying to recover some of the benefits that I felt/feel should have been granted to me. 

Edited January 8 by pacmanx1

[namvet6567]

I understand.  Just still trying (for me) to figure out the TDIU and schedular thing.  At one point in my appeals process I had been awarded TDIU P&T but when I won retroactively the 100% schedular, single condition, w/P&T, the TDIU became moot (I think).  At this point I'm protected at this point (34yrs).  It's just that when I hear 100% TDIU, my mind says no, the vet is a lower percentage but paid at the 100% rate. Not that it matters to anyone but me!  Thanks though!

[Dustoff1970]

Until my recent retroactive 100% P&T scheduler rating with SMC-S award, I was rated for over 25 years with P&T TDIU due to a single 70% PTSD rating.  According to both present and former senior VA raters (DROs) our TDIU and my 70% PTSD rating is most definitely protected under the 20 year rule unless fraud was committed.

During their careers adjudicating disability claims they confirmed with higher up more senior VA raters and attorneys that a TDIU rating is considered a protected 20 year rating according to 38 U.S. Code and 38 CFR and TDIU meets the definition of a rating. All is good now.

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