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Was I cheated on my TDIU P&T timeline?

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MarineLCpl

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Hi everyone! Been a while since I posted, hope all surviving members and their families are doing well. Reason I’m posting today is that I have concerns about the protection timeline for my TDIU P&T rating. I was first granted TDIU in 2010 after applying with a combined rating of 80% (70% MH + 10% knees). After being approved in 2010, I attended several C&P reexaminations over the years; the last being in 2020, where I was finally granted P&T status (according to my award letter).
 

Now I understand that rated conditions are subject to the 5, 10, and 20 year rules, each providing its own level of protection. But when someone’s status changes to P&T, does that reset the protection clock so to speak? Meaning that because P&T status was awarded in 2020, do I have to wait until 2040 to reach the 20 year protection level? The timelines are confusing to me… being declared TDIU in 2010, then TDIU P&T in 2020… what do I go off of??? Will TDIU be protected in 2030? But TDIU P&T in 2040? It’s all very confusing to me… 
 

My general concern is if I was cheated out of 5 years of rating protection because of the change made to my diagnosis following the 2015 C&P exam review. From what I understand, P&T status is usually granted after 5 continuous years without significant improvement of a condition (which was the case… 2010-2015 showed no improvement). But in 2015, my rated condition was altered from ‘Borderline Personality Disorder’ to ‘PTSD’—with my previous condition in parentheses along side it(says “formally rated as”). So instead of being labeled P&T in 2015, they changed the diagnosis… therefore, future C&P requirements would still apply(letter stated decision was not permanent and subject to future exams, etc). 
 

I guess I’m asking if this is worth looking into and/or doing something about. I hope you’re able to understand what I’m trying to convey here. If not, I will do my very best to clarity if anyone needs me to.
Cheers everyone. 

-MarineLCpl

Edited by MarineLCpl
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My 26 year TDIU due to 70% PTSD was and is protected under the 5, 10 and 20 year rule from the date it was granted/awarded by VA raters in 1998 (date I filed the claim for PTSD and TDIU combined).  My TDIU was made P&T in 2000 at my written request with strong arguments due to previous PTSD ratings from 1985 to 91 plus other contentions I stated on my behalf.   So the designation of your TDIU as P&T does not restart the clock on your original TDIU award date for the above protected rule.  So you are good to go just like me.

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

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Edited by Dustoff1970
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Even though you have a TDIU rating dated 2010, you have a reevaluating rating of 2020 and that is your new effective date. Yes, your 2010 TDIU rating still has to run to 2030 but your new rating dated 2020 must run to 2040 for your 20-year protection period.

It’s not like the VA will try to reduce either of these rating decisions but when the VA rated you P & T, which is probably the date that they awarded you CH 35 and CHAMPVA. The medical opinion must have been stronger in order for the VA to grant you P & T in 2020 instead of when you were rated in 2010.

You are actually not losing anything and your 2010 TDIU is beyond the 10-year protection period, but your P & T decision must run the full 20-year protection from 2020. Both decisions are running at the same time.

To be sure what is the effective date of your CH 35 and CHAMPVA??? If your P & T rating decision says your effective date is 2020, that means the clock for protecting your P & T status started in 2020.

 

 

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Reread your P&T letter or download a new award letter.  Mine, dated in 2023, states I have been P&T from the September 1985, date I was granted extra-schedular TDIU in 2020.

Everyone here agreed I already met the 20 year rule the date I was granted 35 years back pay.

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When VA awards a disability rating, it comes with an effective date.  The 5,10, and 20 year periods begin on that effective date.  

This effective date "does not change" until/unless you get a new decision which actually changes your rating or effective date, whether its a reduction or an increase.   A c and p exam does not change your effective date "unless/until" a rating specialist, or applicable judge, such as a bva judge, renders a decision changing it.  

If you do not have your effective dates/ you can usually find them in ebenefits/va.gov.  That should clarify your protection levels.  

Remember 5 years and P and T are the same.  10 years is for severance, 20 years is for reduction.   

More here:

https://www.law.cornell.edu/cfr/text/38/3.344

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