P&T Determinating Factors

[ASU_0331]

So I am 60% on CAD, 50% bilateral pes planus w/plantar fasciitis, 20% DM II, and 10% tinnitus.

My CAD will never get better.  In fact it has only progressed since my heart attack in 2005.  DM II has plateaued with medication, but again, never going away.  Barring dsurgery to "release" the plantar tendon, there is nothing to do there except keep suffering with the crap insoles they continue to fit me with.  The DM II basically screws me out of corticolsteroid shots as it messes pretty bad with my blood sugar.

Currently have claims in for newly diagnoses Osgood Schlatters for both knees, degenerative arthritis of great toes, IT Band Syndrome of both legs, and calcaneal spurs of both feet (all secondary to the service connected bilateral pes planus). 

If awarded at minimum on these remaining, I will be at 100%.  The questions arises is if it is possible to get P&T for any of the issues in combination or on their own even if not at a full 100% individually?  I am guessing getting permanent would be a no brainer, but it is the total that seems to be the hurdle.      

[pacmanx1]

30 minutes ago, ASU_0331 said:

So, I am 60% on CAD, 50% bilateral pes planus w/plantar fasciitis, 20% DM II, and 10% tinnitus.

If you have not already filed a claim for depression due to your service-connected disabilities, then you should consider filing a claim for it. Most people that suffer from chronic health issues have some form of depression and that should help you move closer to the 100% P & T.

 

 

[ASU_0331]

Already asking about that in another thread Pac.  Thanks for the advice.

[Tbird]

If you are 100% either Schedular or through Unemployability, it is considered Total. You would then request to be made permanent with no future exams required. They may or may not make permanent, if not you can wait and request again later.

100% is Total - It does not matter if it is Schedular or Unemployability.

Permanent - May be awarded with the initial Total award, or the veteran may request permanent status.

[Dustoff1970]

T-Bird is correct.  Ask and you may receive. In 2000 I was awarded TDIU with some years backpay and among other actions and claims I filed around that time I ask VARO to make my TDIU P&T and they did. 

I raised this contention in a VA Injury Section 1151 claim and an Equitable Relief and Administrative review claim filed directly to the VA Secretary and in a separate letter to VARO.  As I recall my written arguments in the letter/claim included the fact that

1. My PTSD was 70% and I had been rated between 30 and 50% from 1985 to 91 with only worsening symptoms from 91 to 2000.  

2.  My strong PTSD medications additionally prevented me from any type of normal day or night routine including adding to sleep problems.

3. No cure for PTSD but only coping, etc., etc.

You may be able to find a doctor to state in their opinion your situation is not likely to ever improve but only get worse over time. Also medical research studies saying about same thing. All they can do is ignore you or just say no.  Send everything by USPS Certified Return Mail.

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

Edited August 15, 2022 by Dustoff 11

[Whodat]

2 hours ago, pacmanx1 said:

If you have not already filed a claim for depression due to your service-connected disabilities, then you should consider filing a claim for it. Most people that suffer from chronic health issues have some form of depression and that should help you move closer to the 100% P & T.

 

 

Doing my research on Pes Planus and Plantar Fasciitis, there was a new law change around February 2021. I will try to find it again. 

Anyways, my bilateral Pes Planus with plantar Fasciitis was rated together which had given me a 50% rating. According to the new law, it is now rated separately. I have met the criteria for 50 just for Pes Planus years ago.

ASU has brought up a really good point. 

[Whodat]

5 minutes ago, Whodat said:

Doing my research on Pes Planus and Plantar Fasciitis, there was a new law change around February 2021. I will try to find it again. 

Anyways, my bilateral Pes Planus with plantar Fasciitis was rated together which had given me a 50% rating. According to the new law, it is now rated separately. I have met the criteria for 50 just for Pes Planus years ago.

ASU has brought up a really good point. 

https://vaclaimsinsider.com/increase-va-rating-for-plantar-fasciitis/