VA Ratings: What Does P&T Really Mean?
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- čas přidán 5. 07. 2020
- My earlier video on VA Disability Re-Examinations prompted several questions on what a P&T or Permanent and Total designation really means.
Permanent, Total and Protected ratings are all separate things, though P&T often get referenced together. If one meets the requirements for a protected rating (www.knowva.ebenefits.va.gov/…..., those won't be changed unless there was fraud, Permanent just means the VA would not EXPECT that item to get better and therefore will not schedule a periodic review; but if the VA becomes aware of improvements, they can re-evaluate. Total just means 100% combined Disability Rating Here is a good discussion on this. helpdesk.vetsfirst.org/index....
The issue becomes when a veteran requests an increase for something and the examiner notes improvement in an otherwise P&T item, they will re-evaluate it to see if it still meets the criteria.
In most cases, the same rating for 20 years becomes stable and therefore protected. An item rated as P&T, for let's say just 7 years as an example, can be re-evaluated and even changed (increased or lowered) based on current symptoms and the criteria; if the VA becomes aware of any changes. How do they become aware? They notice improvement in the course of a P&C exam for a new or increase requested item. The P&T part just means the VA will not schedule a Future Recurring Exam. So if you don't put in anything new or request an increase, they would not re-evaluate anything and eventually the item would become protected. This is the difficulty for veterans who fear they will be reduced, so they don't request an increase for something that legitimately may have gotten worse and deserves a higher rating. My general comment on that, is to know the rating criteria and understand exactly how you meet the requirements. Then make sure you can demonstrate that through documentation and actual things like range of motion, symptoms, etc.
Just got my 100% P&T today!!! Awesome.
Thank you for a simple answer to a complex question helped me alot, thank you for.your service and service to others.
Great short video with all the points made clearly. Thank you.
Best explanation of t&p I have ever heard !
Great video brother. Much appreciated.
Outstanding! Finally I understand what P&T mean. Thank You!!!
Thank you for the kind words.
Really great job explaining P&T!!👍🏽
Thank you.
Thank you for a clear explanation.
Thank you for that information I never knew how that broke down
Great explanation!!
Good explanation. Appreciate it.
Thank you! Very well done!
You’re welcome. I try.
Good explanation! Thanks for the video😂!
You are welcome.
Good video. Very informative
I am rated 100% p&t and unemployabilty. The gave me a boost over the monthly payment for loss of a creative organ and extra for adding my wife. Would rather have health back instead of the money but can see that’s not gonna happen.
I've had 4 comp and pen exams until I got p&t. First was 2014 for ptsd. I got 70% plus 10% tinnitus. It was 80% until I got an increase in 2017 to 100% for the ptsd but they added bipolar to it and my childhood ptsd was also added as it was aggravated by my combat ptsd. Was offically given complex ptsd diagnoses. 2019 came and had another exam where they saw improvement but couldn't be proven to be sustained. So I was scheduled out to 2021 for another exam where within a couple of days after it came back P&T. Still going to the VA and about to start cognitive processing therapy. Wish you all luck on your journeys.
Yeah, on PTSD, feeling "better" is really a relative term. When you got it, you got it for life. It's the coping that changes as over time and we find/use the resources that work for us.
you can breathe easier now… work through your ptsd and your injuries, and try to enjoy life now within the limits of your conditions… you’ve earned it 👍🏼
I'm 100%. VA on my behalf recently opened up a claim for permanent and total review. I guess I made it.
Just found u great job explaining
Don’t forget to subscribe and share with other vets! Cheers.
Thank you for that information, bud. I was always wondering when the VA would try to mess with my 100% P&T rating. At 60 years old I think I can reasonably assume they won't mess with it.
Took me 11yrs to go from 90 to 100% with the same medical records. I was 63 when awarded with an attorney. (320% with numerous items deferred).
over 55 and with rated items that are considered stable (not changed over time), the only way they would look at your ratings again would be to trigger a possible review by making a new claim or informing the VA you improved. A new claim does not mean they will reevaluate, it means the CAN (not automatic, but discretionary) reevaluate - up to them. I've heard from vets that tell me both situations. Always a risk so make sure you have well documented claims and it should not be an issue.
You don't get to 100% P&T by accident..you got there with plenty of medical evidence and VA must prove Significant Improvement to try to take you down...the burden of proof is on the VA not the veteran...ofcourse a veteran must always be ready to defend their ratings....I filed many, many claims since I got to 100%P&T..VA can look all they want...my medical evidence are as solid as my rates of which are under rated by the VA....
once you are P&T for 10yrs they cant touch tou
@@garycarter3655 or over age 55+
First hand experience. I was TDIU in Jan, 2017. I just had 3 levels in my Lumbar spine fused. In 2018 I sent a letter asking to be P&T. I had no reply from the VA or DAV. In 2019 I had my file opened and upgraded to all new ratings that were different and higher than before. My RT shoulder was upgraded to
Rt Dominant arm pain, weakness with limited ROM. I was reevaluated and changed to Total & Permanent with these upgrades and new %.’s were given. Fast forward to 2022. I looked into my record and my Summary of benefits and saw the VA deemed me P&T in Dec 2019. Now I’m fused at 5 levels in my spine. T12 Thru S1 with rods and cages and 20 screws and bolts. I was lucky to be upgraded in my claims and to P&T but it could have gone the opposite. Be careful if you have weak claims. Let it sleep if you are not sure it’ll go up.
Always review the requirements for the percentage rating you are claiming, and make sure your claim illustrates exactly how you meet the requirements. A nexus letter from a DR. and a personal statement explaining the impact of the issue as it relates to the requirements, help strengthen a claim. I agree it is a fine line for marginal claims. Any new claims can allow the VA to review your other claimed items to check for improvements. If they were accurate to begin with, and well documented, that should not be a barrier to submitting a claim for something where yo meet the requirements.
Well done
Very beneficial
Hoooaaahhh damn fine explanation 🇺🇸
In my claim in 2017 I was confident and expecting at least a 70% rating for my PTSD but I ended up getting 100% for my PTSD and P&T with Special Monthly Compensation (S) Housebound. As a matter of fact I didn't realize I was P&T with SMC until about 2 weeks later after I studied my Award Letter thoroughly. Only then did I research the language in the letter and checked my Ebenefits account and I figured it out. The Award Letter did not say ''P&T'' or anything to indicate it so.
Check your Commissary letter. If it says no further exams your p and t. Also check for champ va that means p and t also. Then call a va rep to get your letter corrected because tax benefits, licenses, etc etc will use that along with 214.
@@LawDogg01 has said it very well. The VA can sometimes be inconsistent across it correspondence. Main thing is they have it correct in the system. If eBenefits shows correct info, you can self-generate a current Summary of Benefits letter (Award Letter) which should capture the current info.
I was just eval, Total=160% but for CRDP 90%. Im Retired 21y. They suggested I apply for the 100%-UI. Is that going to help me or hurt my income. I have not work since 2005.
I dont think I can, but I heard if I take 100% UI, my VA comp goes up, but then loose my Retired Pay. Comes out the same as im am now at 90%. With Retired Pay. Is this true?
My service connected disability rating is at 70 percent. I filed for Unemployability and was rated 100 UI total and permanent. Will I have any reviews?
One of the best explanations I've heard. I am one of the odd one I am rated at 90 percent combined but 100 percent p and t through tdiu this being said it gets confusing from that point
if you have tdiu then you are not 100%, so you dont qualify for special benefits only to those with 100%. like property tax exempt, national park pass, and other things.
@@UNKNOWN-le2tu I qualify for everything but the property tax dismissal. Family gets ch 35 school benefits and medical coverage thru champva
@@thunderjet4294 i understand that the va special benefits is given to you. but if you are tdiu your not completely 100%, your verification letter shows something lower then 100%. i dont know about p&t, but i can see tdiu recipients getting p&t. if you have a p&t rating at 80% you can prolly get it raised to 100%. mine got raised from 70% to 100%, but then again im mentally ill and i lost a house, didnt have utilities turned on and i was missing appointments, i ended up getting an escort to make sure i take my meds and make sure i go to my appointments. he also makes sure i pay my bills. he manages my life. before him i ended up in a mental hospital like 7 times in 9 months.
@@thegreatone11 just to let you know, not every state gives property tax exemptions for 100%ers. so please stop telling people lies.
@@thegreatone11 yes, however the federal system does not determine property tax exemptions.
IM 100,% FOR PARKINSON DISEASE. DUE TO CAMP LEJEUNE CONTAMINATION. PLUS OTHER ISSUES. DO I HAVE TO WAIT 20 YEARS FOR P&T.. THANK YOU.
Jesse Howard
I was granted P&T TDIU 100% and 60% DDD in lower back. Are these two items considered as one? I am trying to gain an EFF date
I believe I am 90% Total & Permanent Unemployability paid at 100%. I have Bladder Cancer but might loose my Bladder soon. I know when I am either cured or loose my Bladder, the VA would reevaluate me and possibly lower my disability. Do you think it is worth fighting the VA for just 10% higher rating?
I was just granted 100% P&T. Is the P&T for particular items or the combined rating as a whole?
Thank you
Thanks for the info...really clears up the issue...can you be permanent at 30 percent for a knee subluxation, and will that rating be re-evaluated if I were to request a C&P exam for ridiculopothy or neuro peripheral issues?
You don't really request a C&P exam, the VA directs/schedules one based on claims you submit. If you have good documentation, they may not schedule one. That said, C&P exams are supposed to be limited in scope to just the items you are claiming. The only way a different item is re-evaluated is if you show obvious observable improvement or you bring it up. Except for...those items that are secondary to a causative item. If the issues you mentioned are secondary to the knee issues (I am not a Dr., so have no idea), then they could look at the knee as well. That said, a permanent rating means the VA does not expect the item to improve. No simple answers from the VA! The process should go like this. Submit a new claim (or increase, or secondary), document well; assume the VA will want a C&P exam for these new items. prior to the exam, review the notice to see if they indicate the scope of the exam. If not, call the VA (yes the phone tree is a pain), see if they will tell you what the scope is. Then at the exam, before you start, politely confirm with the Dr. that the scope of the exam is for specific items.
@@VeteransAdviceHub thanks for the clarification. It's much appreciated!
I have 100 P&T on my second attempt to file. I was very impressed on getting 100% as I didn't think I would ever get 100%. I only had a single surgery for my shoulder were the VA told me it was a pinch nerve. I didn't believe them and went to a regular doctor. He said surgery had to be done immediately because my ligaments were torn and my rotator cuff and shattered. Got 80% for just my shoulder and neck... I consider my self very lucky...
If you feel the VA or any other Dr. is minimizing the impact of your issue, get a second opinion! The VA can not limit your seeking a second opinion, and then has to consider that "new" medical evidence when deciding your claim. I hope things work out for your shoulder.
Extremely fortunate. Been going at it with VA since 2009 and finally 90% with TDIU and P&T. Still my 5 year old appeal is waiting for the judge to deliberate.
On August 11, 1999, I was awarded 70/30%. I stayed there for 16/17 years then in 2016/17, I was awarded 80/20% prostate cancer - agent orange then I reply for PTSD in 2022 after 8/10 years of therapy awarded now 90/10%; 100% PT rating. Now due to agent orange again PD-Parkinson’s Disease and Diabetes. The PTSD award is strange because I was denied having PTSD in August 1999; I guess I grew PTSD over the 23 years. Rated @50%. Climb Mountain Denali Alaska!
Additionally: it is a fight with VA every step of the way. Nerve damage - Demyelination severe AO. VA kept this information from me for six years plus neuropathy severe. I mentioned this so that all veterans don't give up, I do know that it is frustrating dealing with VA; 7/8 years of trying even for “0” percent denied. Vietnam veteran.
Can combined permanent and total 100% be reduced if I was awarded p and t but am still being scheduled for exams that I requested increases for BEFORE I was awarded the 100% combined p and t?
Short answer is yes they "can" have an impact on a P&T designation. The key is meeting the criteria. Know what the criteria are for each rated item and be prepared to demonstrate how you meet those requirements. If you are asking for an increase, then you are saying the condition got worse. If you have the documentation for that and can demonstrate/show/explain that at the C&P exam, then the request for increase could strengthen the P&T designation. See my reply to your other question for a good link on the rating schedule requirements.
I'm 70% for my back and PTSD but I just got TDIU permanent and total. Will I still have to go to c&p exams?
I just got out of the military and two weeks ago I was given 100% P&T at 26 but my BPPV was deferred for further medical explanation. Is my 100% P&T at risk if that gets rated and it’s not permanent? This was in my overall BDD claim as well so I don’t know if that helps.
So you are 100% P&T, without the BPPV being decided yet? Since they already determined the rated items are P&T, by my read, I would expect the C&P results for the BPPV to not affect that. Here is a good discussion of these issues: militarydisabilitymadeeasy.com/permanentandtotalunemployability.html
Is it possible to withdraw a differed claim? I have 3 differed but i already hit 100%P&T.
I am P&T. My issues are getting worse and I would like to be evaluated for a electric scooter to be able to go to medical appts and run necessary trip for groceries. Will this trigger any type of re-evaluation concerning my 100% rating? Thanks
If things are clearly worse, that should not be an issue, even if it triggers a re-exam. If your doctor prescribes an assistance device, I don't think that would, by itself, trigger a re-exam. Seems like it would be like any other prescription.
Nice Video! I have a p&t rating as well. What determines a vet getting SMC 1 rating? Two of my rating are 60% for bi lateral knee and 70% mdd with anxiety. Don't I get SMC 1 rating?
The VA is supposed to evaluate your eligibility for SMC when they make your rating decision. If you feel you meet the requirements, but they did not grant SMC status, you have to reach out to them to get that reviewed. I don't have personal experience with SMC, but the criteria seems to be for those veterans who are profoundly negatively impacted by their service connected disabilities, and some of them are very specific. www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/
I didn't know what SMC R1 was so I googled it. "Category R1: For this category, you must have to have someone helping you every day. They must help perform the above tasks, but that person does not have to be a professional. They can be family members, friends, etc."
I saw that it's more than 5 grand a month, wow, not for me but now I know what it is.
Thank you for the information! I'm currently 100% P&T. My understanding is that this rating makes me unemployable. Does this apply to education as well? Am I allowed to use my post 9/11 benifts while receiving disability compensation?
You can work with a 100% combined VA disability rating. The only time you can not work is because you are actually rated below 100%, but are being paid at the 100% rate due to Individual unemployability - a specific program that you apply for if you meet the criteria. If you simply have a 100% rating because of all of you rated disabilities, called a schedular rating, you can work. If you have a 100% rating because of PTSD, one of the criteria is the inability to work, so that would be the only exception I know of.
There is no limitation on your ability to use other VA benefits you are entitled to, so yes you can use education benefits regardless of your VA disability rating.
@@VeteransAdviceHub thank you for the quick response! This was extremely helpful✌️
Finally got P&T this week!
That's awesome Florida Catholic Guy. I've had my P&T since 2014. I also get Aid and Attendance.
It gets better...I got my official letter in the mail today and not only am I P&T but they increased me from 70% with 100% I/U to straight up 100% for my condition!
@@FloridaCatholicGuy Welcome to the Hundo Club!
Fort mines today congrats
I've been 90% for a few years now, since getting out of the service. I believe I deserve 100%, but it's hard to get that extra 10%. Any advice?
I'm 70% p&t and I'm told that I can't work. I'm curious if I can get a part time job that isn't considered "gainful employment". Maybe a couple hundred a month.
As long as you are not claiming Individual Unemployability (sometimes referenced as TDIU), there is no restriction on your ability to work and receiving 70% rated VA disability compensation. Regardless of the percentage, if the compensation is from a standard VA disability rating 10%-100%, you can work. The only restriction on working is when a veteran is claiming individual unemployability or in some cases 100% PTSD (which has as a requirement the inability to work).
If you are treated for a SC condition rated @10% of more and you will need more than 6 months recovery you are entitled to 100% W/ P&T benefits!!
At least I was in 2001, regs. may have changed since then.
The 100% rating is temporary during the recovery period, it varies with the type of recovery . For example a knee replacement is 100% for 12 months, then back to the scheduler rating percentage.
I am P&T should I have filed because I was diagnosed with chronic asthmatic bronchitis. Could that mess me up.
You most certainly can have 90% service connection and get P&T. TDIU. I know because my rating is currently exactly that.
I was granted P&T but only given 70 %. Is that possible ?
Hello, excellent video, thank you. I was recently rated 100% P+T. All the benefits seem so confusing, when my children go to college do they also qualify for housing allowance? And if they do qualify does that decrease the monthly dependent compensation that i currently receive? Thank you again!
Most people have one of two options with regard to dependents and education 0 Post 9/11 GI bill (transferred to dependent) or DEA.
Assuming you transferred your Post 9/11 GI bill Benefit to your dependent prior to leaving the service. If your child is currently a dependent and will remain so during their college years, they can not receive the housing allowance (MHA/BAH) associated with the Post 9/11 GI Bill. Most vet opt to drop the child as a dependent and have them collect the BAH - it's more $$ than the difference between keeping them or dropping them as a dependent.
If your dependent is receiving Dependents Educational Assistance (DEA) because you are 100% P&T, likewise, they can not be claimed as a dependent and receive the housing allowance at the same time.
@@VeteransAdviceHub thank you, that does help a bunch. I was discharged in 1993 and had the Montgomery GI Bill that I used getting my degree.
You mentioned transferring post 911 GI bill benefits. I’m not sure if that applies since I had the Montgomery.
You have definitely given me a direction to go, thank you!
@@robthompson343 if you used your Montgomery, then you won't get GI bill. DEA is what you will receive for you children. It is only for 36 months each child. It is about $1250 per month. Look into your States VA and often times they have scholarships for 100% p&T vets. I know the State of NC has it. Pays in state tuition for 4 years.
@@bradhandy5651 thank you for advice, I do appreciate it.
@@robthompson343 Set up an appointment with your County Veteran Service Officer to explain any/all benefits you are entitled to...they are the subject matter experts. You also have a state office but first start at the county level.
I have my p&t tdiu rating. How do I find out what benefits might apply now?
You would be entitled to the VA benefits listed here www.va.gov/disability/eligibility/special-claims/unemployability/. For state info on veterans with 100% VA disability, you would have to contact the state veterans service office. As far as other VA benefits, they each have their own eligibility. For a complete list, check here: www.va.gov/.
I have a question regarding my husband. He is 70 percent IU p and t. It says 100 service connected on his award letter and permanently and totally disabled. We have been able to secure student loan discharge and land tax exemption. Such a blessing. My question is..... He would like to try working part time making much less than the poverty line. Just something to get out of the house. Can he do this without them questioning his rating? The lady at ebenefits says as long as he makes less then gainful employment he will be fine.... But he doesn't want to do anything that would harm the kids insurance and school benefits
There are two “allowed” types of income. An amount below the federal poverty limit (link below) and sheltered or protected employment (special accommodations made to allow the veteran access). The amount of income is tracked through your taxes and the VA and IRS databases are connected. aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines/prior-hhs-poverty-guidelines-federal-register-references/2021-poverty-guidelines
I am an Army vet that is 100% P&T. I am currently single with no dependents. This is my question --- If I get married and submit to the VA to get my monthly amount adjusted for my living situation change, is that considered opening up my rating to a possible reduction?
Adding or removing dependents is separate from the rating system, so is not something that triggers a rating review. I dropped my kid after college without a review.
So your saying if your deemed P&T the va will not schedule for futher evaluation? I herd the VA sends an evaluation every 5 years?
I have 4 bulged disc in my lower back , I am 57 and at 90 %, I have a 40% for my lower back , can I get a permanent for my back
so theres no set time that the VA wont call you back in for a periodic exam? and what if you stop going to the va after 100 p & t ?
When the VA can re-examine you is triggered by a few different kind of things, but yes, there is a time when they won't call you back for Routine Future Exam but you can trigger a review by requesting and increase, new information (like you showing improvement in a particular area) or starting a new claim for a new item. Here is a very comprehensive article on the entire scope of your questions. vaclaimsinsider.com/va-disability-5-year-rule-explained/
Stopping going to the VA - if you are using VA medical for healthcare, you can change any time. You are not required to use VA healthcare. But if your service connected item could reasonably improve over time, if called for an exam, you would have to show, with a current diagnosis that the condition remained the same or got worse.
P&T by definition means the VA does not anticipate those P&T items will improve over time.
I'm 73, Vietnam veteran, at 100% right now after winning an appeal a couple years ago. At the time my interviewer said they were leaving me at 100% no follow up, whatever that means. Have not heard from VA since but still getting disability every month at 100%. My question would be should I try to get permanent status or leave it alone? As one adviser suggested to me, don't poke the bear, but if I received the permeate status I can get my property taxes reduced plus other benefits. Here's my condition all documented. Stage 4 prostate cancer, matasized into bone and spreading, lesions in my left lung, neuropathy in my feet and hand from chemo that never went away, PTSD and I have a death wish. Should I apply for permanent status?
So you have two ways of requesting the 100% be designated P&T - you can write a letter requesting it, and provide your medical evidence that the condition is not likely to improve; or you can start a new claim through e-Benefits and request P&T designation that way, and upload the medical evidence.
You can still get a property tax exemption without being P&T. You just need to have a 100 percent rating.
What if I update a dependent claim? Will this re open a case? Also what if I use 100% P&T benefits like schooling for my dependence? Will they try to re evaluate me?
Not sure what you mean by updating a dependent claim. If you mean you want to add a dependent, which would increase your compensation; no, I don't think that would trigger a new C&P exam. The process can be found here: www.va.gov/view-change-dependents/
Using benefits you are eligible for also should not trigger a review. The C&P and periodic review process are tied to the disability claim process. If you are not starting a new claim or requesting an increase on an existing claim, you should be good. if you are 100% P&T, the VA does not expect the rated items to change. the other issues you address are benefits associated with the rating they issued.
Yep you answered my question about updating my dependency roster since it’s considered a “compensation” I didn’t want to screw with any ratings.
How do you find out if your disabilities are static, if you’re 100% p&t? Is that through ebenefits?
Static just means that it is not likely to change. Here is a good article on the topic: vaclaimsinsider.com/7-types-of-protected-va-disability-ratings/
If a disability is considered permanent, it will say so in the letter. Static is slightly different and can be influenced by several items (discussed in the article). I could not find a reference that says the VA says the item is static. I think is is based on the evidence, time and the situation.
Thanks for the info, what if you are 90% rating and considered IU or TDIU (Unable to work) can you be P&T?
Yes you can it depends if the va considers it Im 100% tidu p&t 90%
Yes, they are separate things. You can be TDIU and not P&T or TDIU and P&T.
I'm rated at 70 percentage for PTSD but filled out the unemployability paperwork and get paid at 100 percent can I get reevaluated?
Yes, you can. Even with a P&T designation, the VA can reevaluate a claim. It all depends on if you show improvement. They find out about your improvements by you initiating a new claim and the VA conducting a new P&T exam, or the PTSD might be set up for periodic review (should say on your award letter)
Thank you for the informational videos. I live in California and was granted 100% P&T by the VA. I have a 18 y/o dependent child who is currently attending college and is receiving Dependent Educational Assistance DEA. VA is now saying that my disability award will be reduced, specific language: “A dependent child cannot be on your award while receiving Chapter 35 benefits.” I called the VA asking for the policy covering this determination and they gave me the run around. Is this correct? I’m eligible to receive compensation for a dependent child who attends college and my child is eligible for DEA. Why can’t both forms of compensation continue? What is the policy?
Unfortunately, this seems consistent with what I have experienced with Post 9/11 GI Bill. I could not claim my child as a dependent and have them receive the BAH portion (Housing Compensation) of my GI Bill benefits (transferred to my dependent before I left the service) at the same time. The disability award reduction is not about the rating, but the "with dependents" section of the monthly compensation. We decided to drop my student as a dependent (which reduced my compensation) because the BAH was higher than the difference for dropping one dependent. No double dipping allowed, I am not surprised.
i know this is old but you still receive your monthly compensation at the 100% your dependent just falls off the benefit so you lose out on the additional 120 dollars a month or whatever it is. VA wont pay you dependent pay on top of the dependent using ch 35.
What was the outcome on this? I am in a similar situation. I am 100% p&t. My son turns 18 in December 21 but is still in high school till June. I submitted a form to delay them taking him off as a dependent. I myself use chapter 31 or the Veteran Employment Readiness. Should I expect anything to happen?
Also in the future would it be better for them to use the hazel wood act as opposed to chapter 35 to avoid this issue?
Hello. Is it normal for the VES to get involved? I have 100% P&T, but received a phone call from the VA today to schedule an exam at a nearby VA Hospital. Is this necessary? It specifically states on EBenefits that I have permanent & total, and that I have no future exams.
I also have not contacted the VA for an increase in ANYTHING.
johnny h I would call the VA. Yes the phone menus are a pain. But eventually you’ll get to a person. As them what triggered the exam. Do not ignore the exam. If you are willing to share, I’d like to hear what they tell you. How old are you?
@@VeteransAdviceHub same issue is happening to me
interesting, following. How long ago did you get your 100 pnt rating Johnny?
Hey man how did it all go? You were p&t and going to check ups at least once a year and they still tried to trigger an exam to check you over? Or were they just checking to see how you’re doing since you hadn’t gone to a doctor in a while? Hope all is well
@@oboy2k me too
I just found this video and have a lot of issues. Who can help me get P&T ? Please share an excellent source for help?
You didn't mention a state, so a place to start is any national level veteran service organization. VFW, DAV, AMVets, American Legion all have a support team. This is the VFW link: www.vfw.org/assistance/va-claims-separation-benefits - from here you can find the VFW rep for your state. They can help you develop and submit a VA disability claim.
Also, every state has some level of support for veterans. I would simply google your state's veteran support. And, don't forget about local resources. Even if not a member of any of the local Posts, I'm sure any veteran service organization will help you.
Final take away, be you own advocate, the VA will not do any of the leg work for you. You have to research the process, you have to gather the documents, you have to fill out the forms. The Veteran service organizations can help you with that, but don't expect anyone to come to you. You have to engage with them first. Good luck.
I am about to go from 80% to 100% disabled vet. I couldn't continue to work recently...but was offered a remote job. My doctors, family, etc are here. Can I try to tough it out with ice packs, meds, etc with 100%?
Your rating percentage is not connected to your ability to work, meaning you can be 100% disability rated by the VA and work a full time job. The only exception is if your 100% because you are using the individual unemployability program - a subset of the VA disability rating program. If you are compensated at 100% because of IU, them you can not work a job that pays more than the federal annual poverty level - effectively this means you can not work if on IU, and they do cross reference your taxes. IU is a whole other thing.
@@VeteransAdviceHub thank you. I have been pushing through pain since 20 something (30+ years). If this remote job doesn't work out I will have no choice. I got myself off of fentenyl after 7 years, in four days. No more opiods, but Soma is the only thing that doesn't knock me out. Not available through VA. Thank you again!
Wont be subject to re-evaluation on particular issues only right ? My VA letter says P and T . The letter in the mail evaluated 2 issues to get this . Both are only 50 percent each . Am I going to get evaluated on my other issues still ? I am 100 percent P and T .
I hate trying to anticipate what the VA is going to do. I can only tell you that the P in P&T means that the VA does not anticipate that items (those designated as permanent) will not improve. If they notice a change while looking at something else, and they make note of it, they will likely review it. So how do they find out something improved - you tell them, you request an increase or submit a new claim and they notice it during a C&P exam. By VA math two 50's does not equate to 100% so you must have some other item(s) not permanent. The non-permanent items can be scheduled for period review. It's the VA there is no yes or no answer.
I was just given a VA Disability Rating of 100% but it is not P&T. I am 68 years old and my disabilities are not getting better, in fact they are getting worse. What can I do to get that 100% P&T?
At 68 I doubt anyone would dare recommend lowering your rating anyway. The P&T rating is given when all background / evidence shows that your condition will not change. I think it was an oversight that you didn't get it. If the VA ever tries to reverse your rating just appeal it, get a doctor to do a letter that your condition(s) won't change and that he recommends a P&T rating as well.
@@metalmike570 Thanks for your input. I just was granted 100% P&T backdated to OCT 2018.
@@paulgregg9298 Congratulations and decent back pay. If I got back pay I'd go on a vacation!
I’m a 20 year retired with p and t 100% disability. Can you help me understand the benefits of CRSC?
CRSC and CRDP (two separate programs) that do slightly different things. It is complicated. below are some helpful links. (I am not affiliated with any attorney, but the CCK article explains it well.) At 100% P&T, I believe you are eligible for CRDP (disability rating 50% or greater, 20 years retired) which eliminated the otherwise required offset for concurrent receipt of retired pay and VA disability compensation. DFAS applies this automatically (no need to apply for it separately) to eligible veterans. If you are receiving full retirement pay and full VA disability it's probably because you are covered under CRDP. If there is an offset, meaning either they made a mistake (possible) or you are not eligible for CRDP, the only way to receive some or all (depends on your situation) of the offset back is to apply for CRSC (again if eligible). Using myself as an example 24 active duty CG retired, 90% VA rated - I receive full retirement and the full 90% because I met the CRDP requirements. If eligible for both, I would elect for CRDP over CRSC, I think the math works out better. Based on what you shared, I don't see how you would not be eligible for CRDP.
cck-law.com/infographic/crdp-and-crsc-offsets-va-disability-compensation/
www.dfas.mil/retiredmilitary/disability/crdp/
themilitarywallet.com/va-disability-compensation-affects-military-retirement-pay/
I am 100% and requested an increase on a 0% rating when I was 90% with deferred exams. . Now they want to schedule an exam for that increase request. What do I do? I don’t want to lower my ratings. Should I tell them I don’t want an exam? Should I just go? Will they re-examine my entire claim?
I would write them a letter to withdraw my claim if you are already 100%.
Do not ignore the exam. Self-assess and review all of your claims and rated disabilities to ensure they still meet the criteria (look here: militarydisabilitymadeeasy.com/). Then be able to demonstrate and articulate why you still meet each criteria. They will certainly focus on the increase request, but they may also consider anything else you say or demonstrate. Remember, you can discuss your issues as if it was your worst day. So when the Doc asks you how you feel, don't say fine, but describe your worst moments. If you have reconsidered, like another comment indicated, you can withdraw the request for increase, but if it was based on fact, why would you. Here is a discussion of the process: cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/
I am 100% t&p. I want to get a job making 20hr full time. Will this hurt my rating?
If you rate 100% based off the VA disability rating schedule, and not because of Individual Unemployability (IU), there is no limitation on your ability to work. IU is a separate type of rating, which does have employment and income limitations. I did a video on IU, check it out.
I have 100% P&T for PTSD since 2012, can I get a job? My wife was my caregiver but the VA recently determined that we were no longer qualified for the program, so we are going to lose the $600 a month on March 2023, which will hurt our budget. I seen on a lawyer website on the internet that 100% P&T for PTSD cannot work, is that true?
I would like to help you with a definitive answer, but I am not an attorney. By my read, the requirements to actually get to a 100% PTSD rating would require that you are severely impaired in your ability to work.
"Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name."
So I guess you would have to show that you still had these types of issues, even though you are working - they seem mutually exclusive to me, but I an not an expert on PTSD issues. For a physical issue, even at 100% rating, there is no limit on your ability to work, unless you were claiming Individual unemployability.
I am not connected with or have any relationship with these guys, but I find their information to be thorough.
www.hillandponton.com/part4-rating-ptsd/
I was granted P&T TDIU. How do you assess this?
Not sure what you mean by assess? But with that rating, you will be paid at the 100% compensation rate, but will not be able to earn (from employment) above the national annual poverty amount set each year by HUD. Income from investments, retirement, or other no-employment sources are allowed and do not count as employment income.
Can 100% P&T be re-evaluated by VA ( without a Veterans request ) and be lowered in the future? If so why and how long. Thank you
I am wondering this too. I’m only 34 and P&T. I’m very very ill and can’t work, so I worry about this happening because of my age.
Here is the best and most direct answer I've found. Short version, I believe the answer is no. keep all correspondence from the VA and be prepared to engage with them if they do something outside the rules or requirements.
militarydisabilitymadeeasy.com/permanentandtotalunemployability.html#:~:text=Once%20a%20100%25%20rating%20is,the%20remainder%20of%20their%20life.
Nope. That's why p and matters. If you have a light 100 they might if ur young. If you cleared 98 or 100 on ur way to the overall 100 ( like overall numbers added up that high) you'll get p and t. Ur good after that. Had a senior get 100 but then fight for 2 years to get it p&t
@Lieutenant R. R. The OIG report you cited is here: www.va.gov/oig/pubs/VAOIG-19-00227-226.pdf The short version seems to be someone noticed a significant increase in the number of P&T designation, and the associated increase in outgoing payments. They did an internal review of a sample of claims and found that VA staff did not follow their own guidance on many of the files. The guidance we have been discussing has been correct, the VA staffers were applying it incorrectly and now, essentially, at least some of the claims are being audited. The net result seems to be that the language in the various statutes that govern P&T designations will be clarified and more precise. End result - it will be even more important for veterans to understand the rules and be able to demonstrate and document how their malady and impact meet the rating schedule standards.
@Lieutenant R. R. Rather then emphatically state someone is incorrect, how about you state how you view the guidance, explain the way you see it, and link a reference.
It seems that p&t has more than one definition. Im actually confused
I'll permentally and total confussed
So when you’re rated 100 P&T does that permanently close your case from the VA reevaluating you (aside from idiots who are frauds, of course)? Meaning once 100 P&T, does that kick aside “the 20 yr rule”, as long as you don’t resubmit for additional benefits (like if someone were to submit for SMC?)
Only 20 years locks you in. You can be reevaluated at anytime if a Dr. reported you were cured, like cured of cancer for example. I am going through that now. I only have 10 years so still 10 to go and I am 74. I might not make it to the 20 year celebration.
I have a letter from the VA that states that I am determined to be totally and permanently disabled due to my service connect disabilities. I am payed at 100% but my combined disability is 80%. Do I qualify as 100% disabled?
Everything I've read indicated that 100% is 100% regardless if it is because of TDIU or schedular rating. Since you are rated at 80% but being compensated at 100%, I will assume you are also rated for Individual Unemployability. Which means you can not work. That's the only difference as far as the 100% goes.
You can work in a shelter environment and you can't make more than the property level.
I've been 100% for well over 12 years, and have also been given P&T. How can I find out the date the VA gave me P&T?
Easiest, use the EBenefits portal. Your documents on there should have a benefits letter with an effective date. Or you could call the 800- number and work through the message tree and ask the eventual person you get.
Its in your Award Letter
I have 100% for over two years....should I request for it to be P&T?
I've been enrolled in the V.A. health care system since 1971 when the system was adversarial and indifferent towards veterans,but the V.A.'s come a long way compared to back then.I'm 100% P/T. with no future C & P exams scheduled.
have you always been 100 p and t? so you have never had re-evaluation? i have only been 100 p and t for about 2 years but was 30% for several before i started falling apart
Me too. 78 years old, fought with them for years. Finally got to 100% P&T last summer. Had a civilian C&P exam and rated by this new system by outside contractors. Things have really changed for the better.
Thank you for all you have done, it helped all us Veterans that came later,
i did not realize that back in 1971 the VA was as you have said.
Did not set foot in ANY VA until about 2001 as they sent a letter to me.
28 years later.
I am 100% P&T. Can my teenage son also get an ID? If yes what will I need to get him one?
Yes they can be issues an ID card. An great article on the subject here: themilitarywallet.com/how-to-get-a-military-id-card/
short version. You need to get the dependents entered into the Defense Enrollment Eligibility Registration System (DEERS). From there, they can issue an ID card. I've done it a few times now (entry, replacement and updates). Here is a go explanation on that process. themilitarywallet.com/register-family-member-in-deers/
So if your paper work says P&T on it, is that for for life and can the V.A take it from you ? I’ve been on P&T since 2013
No, not for life; and yes the VA can change it. As it says in the video, the VA does not expect the item to change, so is not looking to change anything, but if they become aware of a change (improved or got worse), they can require a new exam. How do they know if something improves, you tell them, they notice it during an exam for some other issue, you trigger an exam through putting in a new claim or requesting an increase. The fear that the VA will reduce something often stops veterans, especially limited income or older veterans on a fixed income, from requesting increases or compensation for items they may very well be entitled to. They don't want to take the risk of a reduction.
@@VeteransAdviceHub oh ok cause my paper says no future exams or anything and pretty much the V.A also has my on I TDIU as well with the P&T
@@felipelopez3016 As long as you don't trigger an exam, based on what you shared, I would expect the VA to not schedule one.
I'm 100% p&t I was told even if you do improve it can't trigger a new evaluation because of the p&t status. But I heard if you decided to get a wild hair up your ass and file a new claim or increase of another claim then it opens it up and they can reduce you.
@@thegods2622 Yes, this is correct. They CAN change your rating - based on the evidence or a new assessment (as from a C&P exam) and meeting the specific requirements for that % rating, up or down. I hate that older veterans on a fixed income are afraid to put in for an increase, that they legitimately might be eligible for, for fear of being reduced.
Good Evening , what does it mean when the VA comes back with a Duty to Assist on your rating? Says that the VA needs to correct an error.
the VA has an affirmative obligation to assist a veteran when filing claims. If, upon review, it was determined they did not help the veteran properly, they have to fix that error. Below is the link to their decision review page. By my read, the reviewer determined there was perhaps some evidence or medical records that was missed so the claim needs to be reviewed under a new claim number.
www.va.gov/decision-reviews/higher-level-review/#:~:text=If%20the%20reviewer%20finds%20that,take%20to%20fix%20the%20error.
@Veterans Advice Hub Thank you for the response. I appreciate it. I submitted Dr's evaluations and the VA stated that I have primary findings that support the secondary claim.
What about filing for a caregiver is that a new claim that can put your 100 P&T in danger of being lowered?
I could not find a specific answer that an application for caregiver status is considered a claim. www.va.gov/family-member-benefits/comprehensive-assistance-for-family-caregivers/ But if you have to apply, then they have to review. Also it means more compensation, and is associated with veterans who have a service-connected disability. So in the absence of a specific answer, I would treat it as if this were a new claim.
We applied for caregiver. We were denied. It did not bring p and t into question. It has been a year since we applied. They did say that it is very hard to get caregiver without having severe inability to change yourself, bath yourself, etc. They told us about other options that were more likely to be approved
The answer to this is no, it is not a new claim because the VBA that did your C&P exams and decided your inital disability ratings does NOT handle caregiver claims. The caregiver program is through the VHA. The VBA and VHA do not directly talk to eachother unless the VBA is requesting medical files for a New claim/review/increase.
what happens after 5 yrs? do they call you back to see how youre doing?
Take a look at my reply to you other question. that should cover it. No, they do not simply call you back for a re-exam in your 5th anniversary.
I got my 100% P&T in December. I actually have an appeal that is still pending a hearing. Honestly, this really cant HELP me in any way. I dont think would hurt either, but why waste people's time with this? Is there a way to cancel an appeal? Might sound silly , but by me getting out of the way, mabey also someone else can move ahead just a little bit also
Update 3-28-2023 Just got off the phone with a very nice lady at the VA. And she states the following..if your service connected "static"rating or ratings equal 100% then you are permanent and Total. All of your ratings Do Not have to be Static for P&T. You can have 10 rated disabilities in which 6 are "static" and 4 are not but the 6 equals 100% and therefore P&T. It is a MYTH that all your connected disabilities have to be "static" for P&T status. Hope this helps fellow Vets
Good clarification to be aware of. Thanks for sharing.
Can we still work with P&T?
Yes!
I have a 100 % permanent rating from the VA, took me 10 years to get it. I have applied for Social Security Disability and been turned down EVERY time, 4 in total. I was told that I was able to apply and get SSD. I still haven't been able to get this, and now I'm told that I'm not entitled to it. CN you tell me if this is true???
Im 100% p&t and i applied and was awarded ssdi. But i used a veteran based attorney law firm once applied was denied first time but total time from first app to final decision 11 months
I don't really have any experience or expertise with SSD issues. I would try one of the many FB VA disability support groups to ask an SSD question, sorry, don't want to give half-baked advice.
@@jeffd4906 what was the attorney you used? Please and thank you
@@mrsbblanks dont remember he was out of Philly
I know it’s been a year but i figured I’d still answer, i use to work for SSA and they would tell us all the time that just because a veteran is considered disabled by the VA does not grant them approval of disability with SSA, social security uses a totally different method for what they define as disabled:
1.occupation (light, medium, heavy, very heavy)
2. Education/ Age
3. Sedentary, Non-Sed
4. DOT score
5. Can you go back to your job, a different job at a lighter duty, or some other form of work within your limitation and education
6. Does your medical condition (Meet) the POMS Code etc.
I’ve seen people on dialysis who were automatically approved and those who weren’t. (Those on dialysis 3 days a week got approved) anything less Than that denied basically.. There’s certain verbiage the SSA looks for that makes it easy to deny.
SSA POMS are public info that you can get on their website. I quit SSA because it was aggravating my VA disabilities to the point i was admitted to the hospital.
With p and t can you still work?
You can but you cant make more than the poverty line threshold in any given year...which at the moment ai believe is $13,300
@Justin Gonzalez its a yes and no answer...if a veteran is 100% P&T without TDUI then they can earn as much money as they want via employment with no restrictions....but if a veteran (like myself) is 100% P&T with the TDUI boost then they can not make more than 13k per year because that would void thier TDUI eligibility thus knocking them out of the 100% bracket.
**I am 70% plus TDUI, which pushes me up to 100% P&T**
Im 100% pt, would an appeal mess with my P&T? It was an appeal way before I received 100& PT
This is statements I a have. What does this mean I am TDIU but permanent? Kinda confusing.
- Totally & Permanently Disabled to due to injuries.
- You are being paid at a 100% bc you are unemployable due to service related injuries
The VA does not make it easy to understand and there are different terms that sound like they should mean the same thing, but actually mean different things. The phrase "Being paid at the 100% rate" seems to indicate your actual calculated combined disability rating may be below 100%, but you meet the Individual Unemployability requirements so are being paid at 100%. That, by itself, does not mean permanent and total. They are saying you are Totally (means unable to sustain meaningful employment, i.e., work) and Permanently (don't expect things to change) disabled. The way I read this is you are eligible for TDIU and they don't expect it to change. If you were to find gainful employment, above the federal poverty threshold and documented by your taxes, you might not continue to be eligible for TDIU, and you would revert back to your calculated combined disability rating.
I am 62 years old and I been send to both VES and QTC C&P evaluation and both came out that I am suffering from PTSD. I was removed from my Federal job when they found out that I have PTSD. I got 80% disabilty(70% for PTSD) and VA inform me that the only thing keeping them from being given a 100% PTSD is that I still can manage my finances. I like to know since my Combined Service connected disabilities is not 100%, will I still be send to re-examination. VA benefits Information as follows:
You have 1 or more SC disability - YES
Your combined SC evaluation - 80%
You are being paid 100 percent rate because you are unemployable due to your service connected disabilities - YES
You are considered to be totally and permanently disabled due solely to your service connected disabilities - YES
Note: I also been given an Application for ChampVA and on my Commissary letter states: This total disability is considered permanent. You are not scheduled for future examinations.
So you at 100% because of Individual Unemplyability and 80% if you just used the rating schedule. I never say never with the VA, but by my read, unless you trigger a re-exam by submitting a new claim, requesting an increase on an existing rated item or show gainful employment through tax returns, you should not be subject to routine reexamination. I base this on being over 55 years old (usual VA cut-off for scheduled re-exams), documented as permanent and continuing to be unemployable.
@@VeteransAdviceHub : Thanks for the clarification and advice.
I'm 70% ptsd
I'm 100%p&t
Live in tn.
My court house will not let me have my auto registration benefits. Nor my property tax benfits.
They say I'm only 70% I have 100% award letter p%t.dont understand why. Thanks Bill.I
So your schedule rating is 70% because of PTSD, but you are compensated at 100% P&T? Are you using Individual Unemployability? The letter should state your VA rating and your compensation rate. it is possible to have a 70% rating and be compensated at 100% due to individual unemployability. How a specific state reviews that, is based on local and state law.
Sometimes the VA has different format letters that say the same thing. If you need an updated letter, you can generate them yourself through the VA.gov site: www.va.gov/records/download-va-letters/
Lastly, most states have a veteran affairs division or department. if you feel the local town made a mistake, you can work through the state veteran affairs people. Results vary state to stae, but here is the link: www.tn.gov/veteran.html
I found this example online that shows a 90% rated veteran being compensated at 100% - this is what I mean. www.pebforum.com/threads/va-letter-help.76795/
Will those of us that are at 100% P&T be affected with the new letter/rating schedule that the VA sent out on 15 Feb 2022 saying that they are re-evaluating the rating schedule?!
By my read, the new requirements apply only for new claims or requests for an increase. If you bring any changes to the VA’s attention, the new requirements for the specific items in the notice will then apply. If you do nothing, then I don’t believe they will change anything.
@@VeteransAdviceHub Thank you!
I am rated 100% P & T and it also says "This total disability is considered permanent. You are not scheduled for future examinations" on my Commissary letter. I know you say that filing an additional claim or increase could trigger an examination, but what about something as simple as adding a dependant or parent. That shouldn't trigger an exam right, since that has nothing to actually do with my disability?
You are correct. You would add an eligible dependent in DEERs and once the addition cycles through, your compensation will be calculated based on the updated info. It may "trigger" a new benefits letter being generated, because there is a material change to your compensation; but I have never heard of it affecting the actual rating. in fact I searched online and could not find any mention of that happening. I'm not an attorney, but I think you are good. I've updated items in DEERs with no impact to my rating. In my case I dropped a college student. You can not get VA Post 911 GI Bill BAH and be claimed as a dependent at the same time. The BAH was more, so we dropped our student.
Can a person work with P&T?
Yes... I’m P&T and working full time
Yes. VA disability is not dependent or impacted by work status. A special subset of VA benefit, called Individual Unemployability, look here for details: www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/IU.pdf does have a limit on how much one can work.
From my experience I can say yes and no...it depends on how your rating is set up...I know in my situation I am 70% plus TDUI that gets me to 100% P&T....however because of the TDUI I fall subject to not being able to work past making 13300 per year
Can VA lower your rating after being rated 100% PanT?
As it indicates in the video, you can trigger a re-exam by requesting an increase to an existing condition or putting in a claim for a new one. If you no longer meet the requirements for the ratings you are currently at, they can be lowered, if supported by any new or updated evidence.
@@VeteransAdviceHub i never requested a re evaluation. But still was strongly recommended to go. All in less than a year.
I have been fighting VA for 15 years, and they always take their time. Now this happens. Errrr
@@danielalvaradojr73 What ended up happening? Same
I received my 100%P&T rating shortly after retirement this year. There were still appointments pending with QTC after I had already received my rating letter from the VA. My question is will attending those QTC appointments that are still lingering out there prompt the VA to reopen/reevaluate my case?
@@stevencovington9508 how far ahead before retirement did you start filing your paperwork to the VA? Congrats on your 100 P&T! You deserve it .
Hey Boss! I am now 100% P&T, however, I have an appeal waiting to be reviewed by a judge im like 125,000 in line! When the judge sees my appeal can they revoke my 100% ? if so can I cancel my appeal so it never has to actually see the judge? Thanks!
here is a good article on the whole withdraw a claim or see it through discussion. www.veteranslawblog.org/how-to-withdraw-a-va-claim-or-appeal/#:~:text=It%20is%20almost%20always%20best,governs%20the%20withdrawal%20of%20appeals.&text=Only%20an%20Appellant%2C%20or%20their%20representative%2C%20can%20withdraw%20an%20appeal. I always tell people to document their claims, understand the specific requirements for each rating they are applying for, requesting an increase or appealing, and be able to demonstrate how you meet those requirements at a C&P exam. I imagine you are appealing a denial or a rating that is too low. As long as you have a strong file, I don't see why you would pull the appeal before resolution...but I am not an attorney or certified VA anything. I'm just a guy with some experience with VA benefits.
@@VeteransAdviceHub
I submitted this appeal prior to being 100 C&P. Now I because I submitted a claim for my back and the increase got me from 90 to 100... I just wasn't sure if it was worth it to keep the appeal in :D
👍🏾
Hi, I was reexamined and my 100% was made p&t so if I don't open any claims the VA should leave me alone?. Thanks
@@daveb2280 thanks, i already get SMC and don't plan to open any claims.
I hit 100% P&T then got reevaluated, and got reduced
this sucks
Daniel Alvarado How did this come about? Did something trigger a reexamination?
@@user-hi7lz5uy8h They said I requested it. In addition to the request was before they decided on p an t. Now they say all conditions are static
What about filing to getting a caregiver? Is that a trigger?