199 Results

[AnotherArmyGuy]

Greetings all. Long time lurker. PEB came back. My unfitting conditions were MH (50%) and Migraines (30%). 70%TDRL. However, TBI (fit-40%) was lumped with MH. What can I do to have the VA look at these conditions as separate/their own ratings. Can I address this in the VARR or do I have to wait to separate? Specifically, my proposed VA decision letter determined that the examiner couldn't delineate between my PTSD and TBI, yet my DBQ #3D is marked as 'yes' when being able to differentiate between the two. Mental health problems began due to deployments. TBI residuals as a result from car crashes that happened stateside.

Additionally, for my TBI DBQ, 3 out of the 10 assessments, I clearly meet the 70% criteria. Not sure why I was given 40%, combined with MH.

Im going to request a VARR for mental health and migraines with DBQs by doctors I've seen for almost a year. Does a new DBQ hold more or less weight vs a one page letter stating the symptoms that justify a higher rating? Legal counsel says a DBQ could get overlooked since there's so much to look through.

Also, wouldn't my proposed VA decision letter state if I was P&T or not? Mines doesn't. Legal counsel states I won't know until I separate to find out if I'm P&T.

I feel like my MEBs legal counsel doesn't know what he's talking about.

Thanks all.

 

[Tayak]

So I am far from an expert but lurking around these boards, and doing some research on my own seems to point to a few things about being designated as P&T.

First, if you are TDRL then you would not be P&T since you are on the temporary list. My understanding is the initial assessment is all done by the VA and the PEB uses those ratings as required by law. Which means if the VA doesn't find your conditions stable and permanent, neither will the PEB. I could be wrong about being both TDRL and P&T, at least not from the initial IDES findings.
Second, your findings letter would say something about education benefits.

Mine says the following:
"Eligibility for Dependents' Educational Assistance is derived from a Veteran who was
discharged under other than dishonorable conditions; and has a permanent and total service￾connected disability(ies); or a permanent and total disability(ies) was/were in existence at the
time of death; or the Veteran died as a result of a service-connected disability. Also, eligibility
exists for a service member who died in service".

Also, you might see something about re examinations in your findings. If it says you have any, then you are not P&T.

The TBI and MH stuff I really don't know. I'm sorry I can't help there.

 

[dysonrichard801]

It sounds like you have done some research on the requirements for being designated as P&T (Permanent and Total) by the VA. It is correct that if you are on the TDRL (Temporary Disability Retirement List), you would not be designated as P&T since TDRL is a temporary status.

The VA determines whether your service-connected disabilities are permanent and total, meaning that they are expected to continue indefinitely and are rated as 100% disabling. If the VA determines that you have a permanent and total service-connected disability, you may be eligible for certain benefits, including education benefits for dependents.

If your VA rating is permanent and total, you should not have any re-examinations scheduled in the future. However, the VA may periodically review your disability rating to ensure that your condition has not improved.

Regarding TBI and MH (mental health), these conditions may also be evaluated for service connection and rated based on their severity. A diagnosis of TBI or a mental health condition does not automatically qualify you for P&T status, but if your condition is deemed permanent and total, you may be eligible.

It's important to note that each case is unique, and the VA will evaluate your disabilities and determine your eligibility for benefits based on your individual circumstances.

 

[Provis]

Greetings all. Long time lurker. PEB came back. My unfitting conditions were MH (50%) and Migraines (30%). 70%TDRL. However, TBI (fit-40%) was lumped with MH. What can I do to have the VA look at these conditions as separate/their own ratings. Can I address this in the VARR or do I have to wait to separate? Specifically, my proposed VA decision letter determined that the examiner couldn't delineate between my PTSD and TBI, yet my DBQ #3D is marked as 'yes' when being able to differentiate between the two. Mental health problems began due to deployments. TBI residuals as a result from car crashes that happened stateside.

Additionally, for my TBI DBQ, 3 out of the 10 assessments, I clearly meet the 70% criteria. Not sure why I was given 40%, combined with MH.

Im going to request a VARR for mental health and migraines with DBQs by doctors I've seen for almost a year. Does a new DBQ hold more or less weight vs a one page letter stating the symptoms that justify a higher rating? Legal counsel says a DBQ could get overlooked since there's so much to look through.

Also, wouldn't my proposed VA decision letter state if I was P&T or not? Mines doesn't. Legal counsel states I won't know until I separate to find out if I'm P&T.

I feel like my MEBs legal counsel doesn't know what he's talking about.

Thanks all.

VARR is the correct route. To be P&T you need a 100% schedular rating of static conditions. For certain the mental health will not be static and require a follow examination.

 

[AnotherArmyGuy]

VARR is the correct route. To be P&T you need a 100% schedular rating of static conditions. For certain the mental health will not be static and require a follow examination.

Thanks. So in general, could a proposed VA letter indicate that someone is P&T? Someone in a recent post said they were 100% but got their P&T after they separated. Being P&T makes a big difference when it comes to benefits in some states regarding taxes.

Also from what I know, the VARR only looks at the unfitting conditions. In my case, could I have my TBI(fit) and MH(unfit) looked at separately?

 

[Provis]

Thanks. So in general, could a proposed VA letter indicate that someone is P&T? Someone in a recent post said they were 100% but got their P&T after they separated. Being P&T makes a big difference when it comes to benefits in some states regarding taxes.

Also from what I know, the VARR only looks at the unfitting conditions. In my case, could I have my TBI(fit) and MH(unfit) looked at separately?

You can be P&T and it is in the VA proposed letter. Chances are you are not P&T. Use an online VA calculator and add up all conditions except mental health. Mental health won't be static. If that total isn't 100% that is why you aren't P&T. My wife was in the same situation. She medically retired but wasn't P&T due to 1 condition not listed as static. She continued on with the VA for treatment and 6 months after getting out she got a letter stating P&T. The VA stated P&T and no requirement for future exams will be scheduled for that condition.

 

[AnotherArmyGuy]

You can be P&T and it is in the VA proposed letter. Chances are you are not P&T. Use an online VA calculator and add up all conditions except mental health. Mental health won't be static. If that total isn't 100% that is why you aren't P&T. My wife was in the same situation. She medically retired but wasn't P&T due to 1 condition not listed as static. She continued on with the VA for treatment and 6 months after getting out she got a letter stating P&T. The VA stated P&T and no requirement for future exams will be scheduled for that condition.

 

[AnotherArmyGuy]

Sounds about right. Without MH, I'm at 94%, otherwise 100%. If after my re-examination for MH in a few months, per my initial 199, though it ultimately could be whenever, if I'm found stable and keep the current 50%, would this determine I'm P&T by the VA and would I be notified? It's confusing because I know VA and DOD are separate but sometimes they're not, if you get what I'm trying to say. Thank you

 

[Provis]

Sounds about right. Without MH, I'm at 94%, otherwise 100%. If after my re-examination for MH in a few months, per my initial 199, though it ultimately could be whenever, if I'm found stable and keep the current 50%, would this determine I'm P&T by the VA and would I be notified? It's confusing because I know VA and DOD are separate but sometimes they're not, if you get what I'm trying to say. Thank you

Nope. The military review is for TDRL. However, if you keep seeking treatment at the VA they will eventually review it and MAY determine its static for that condition. My wife was reviewed by the VA at the 6 month mark of getting out. Just remember the military uses the VA for stuff. The VA doesn't use anything from the military.

 

[JMATTK]

It sounds like you have done some research on the requirements for being designated as P&T (Permanent and Total) by the VA. It is correct that if you are on the TDRL (Temporary Disability Retirement List), you would not be designated as P&T since TDRL is a temporary status.

The VA determines whether your service-connected disabilities are permanent and total, meaning that they are expected to continue indefinitely and are rated as 100% disabling. If the VA determines that you have a permanent and total service-connected disability, you may be eligible for certain benefits, including education benefits for dependents.

If your VA rating is permanent and total, you should not have any re-examinations scheduled in the future. However, the VA may periodically review your disability rating to ensure that your condition has not improved.

Regarding TBI and MH (mental health), these conditions may also be evaluated for service connection and rated based on their severity. A diagnosis of TBI or a mental health condition does not automatically qualify you for P&T status, but if your condition is deemed permanent and total, you may be eligible.

It's important to note that each case is unique, and the VA will evaluate your disabilities and determine your eligibility for benefits based on your individual circumstances.

I am TDRL from the Army and 100% P&T from the VA. I fall into the category discussed of 100% even without my PTSD being included. The two are definitely not mutually exclusive.

 

[AnotherArmyGuy]

I am TDRL from the Army and 100% P&T from the VA. I fall into the category discussed of 100% even without my PTSD being included. The two are definitely not mutually exclusive.

Thanks for the reply. I'll be doing a VARR. Hopefully I can get an increase from 30 to 50% for my migraines and bump up my 94% (w/o MH) so that I can be P&T. Assuming everything else is stable/static.