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)

[jamescripps2]

A veteran is either given a TDIU rating, and being paid at the 100% rate,  or the veteran is given a rating as 100% schedular. It is one or the other, but a veteran is never both at the same time.

[pacmanx1]

7 hours ago, jamescripps2 said:

A veteran is either given a TDIU rating, and being paid at the 100% rate,  or the veteran is given a rating as 100% schedular. It is one or the other, but a veteran is never both at the same time.

Unfortunately, this is a little off, as stated in my post, ratings begin with the effective date and continues until the rating is changed (increased or decreased) and the rating period restarts, or the rating hits the 20-year protection cover period.

My 2008 100% scheduler P & T rating is running to the 2028 20-year protection cover period while my most recent 2023 rating decision that awarded me a 2003 TDIU P & T effective date rating is actually protected by hitting the 20-year protection cover period and can only be removed if the VA can prove fraud. Even though I am only paid at the 100% rate, there are different ratings for different time periods. Even my 2022 rating decision that awarded me a 2005 effective date is running to its 2025 protection cover period.  

So, your statement is off because I have three separate and different ratings running at the same time but for different cover periods of time.  Two separate TDIU P & T ratings with a different 100% schedular rating that cover different time periods. If you stop and think about it, all ratings have a similar cycle.

 

Edited January 9 by pacmanx1