Guaranteed Permanent and Total after age 55?

lloyjenn

PEB Forum Regular Member
Registered Member
Hello I'm Lloyd and new to the forum. I'm currently 53 years old, recently I resigned from federal employment after 33 years due to my PTSD.

My question is will the VA automatically convert my temporary 100 percent award to permanent and total once I reach 55, or do I have to request it?

I filed my disability claim more than 20 years after my separation from service - late filer. At any rate, I was awarded 100 percent (combat) for PTSD on December 1, 2016, along with, 50 for sleep apnea and asthma, 10 R/L Ankles, 10 R/L Knees, 10 Skin Disorder in 2014.

Any insight you can provide on this issue is greatly appreciated.

Best,

Lloyd
 

Warrior644

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Hello I'm Lloyd and new to the forum. I'm currently 53 years old, recently I resigned from federal employment after 33 years due to my PTSD.

My question is will the VA automatically convert my temporary 100 percent award to permanent and total once I reach 55, or do I have to request it?

I filed my disability claim more than 20 years after my separation from service - late filer. At any rate, I was awarded 100 percent (combat) for PTSD on December 1, 2016, along with, 50 for sleep apnea and asthma, 10 R/L Ankles, 10 R/L Knees, 10 Skin Disorder in 2014.

Any insight you can provide on this issue is greatly appreciated.

Best,

Lloyd
Welcome to the PEB Forum! :)

In my opinion, I would tend to think that you would need to submit VA Form 21-8940 to request an increased rating for Permanent and Total (P&T) status.

As such, you are correct, at age 55, the DoVA VBA shall no longer schedule any further examination(s) which is indicative of a P&T rating at that particular point in time.

Hmm, since you are currently not working, it may be beneficial for you to submit the VA Form 21-8940 now and the DoVA VBA may grant the increased 100% P&T rating. Otherwise, you just have two years remaining until officially reaching 55 years old.

At that point in time, I would definitely submit the VA Form 21-8940 immediately since nothing is guaranteed within the DoVA at least from my pinpointed experiences. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

lloyjenn

PEB Forum Regular Member
Registered Member
Hello I'm Lloyd and new to the forum. I'm currently 53 years old, recently I resigned from federal employment after 33 years due to my PTSD.

My question is will the VA automatically convert my temporary 100 percent award to permanent and total once I reach 55, or do I have to request it?

I filed my disability claim more than 20 years after my separation from service - late filer. At any rate, I was awarded 100 percent (combat) for PTSD on December 1, 2016, along with, 50 for sleep apnea and asthma, 10 R/L Ankles, 10 R/L Knees, 10 Skin Disorder in 2014.

Any insight you can provide on this issue is greatly appreciated.

Best,

Lloyd
Welcome to the PEB Forum! :)

In my opinion, I would tend to think that you would need to submit VA Form 21-8940 to request an increased rating for Permanent and Total (P&T) status.

As such, you are correct, at age 55, the DoVA VBA shall no longer schedule any further examination(s) which is indicative of a P&T rating at that particular point in time.

Hmm, since you are currently not working, it may be beneficial for you to submit the VA Form 21-8940 now and the DoVA VBA may grant the increased 100% P&T rating. Otherwise, you just have two years remaining until officially reaching 55 years old.

At that point in time, I would definitely submit the VA Form 21-8940 immediately since nothing is guaranteed within the DoVA at least from my pinpointed experiences. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

I appreciate your prompt and candid response. Veterans are truly fortunate to have experts such as yourself available to help guide us along.

Semper Fi,
 

chaplaincharlie

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The VA sometimes does not follow their own policies. I suspect there are so many policies things fall through the cracks. If you don't get P&T file a NOD.
 

lloyjenn

PEB Forum Regular Member
Registered Member
The VA sometimes does not follow their own policies. I suspect there are so many policies things fall through the cracks. If you don't get P&T file a NOD.
OK, but isn't there a risk filing for P&T now at 53, or should I just play it safe and wait until I'm 55?

Thank you
 

lloyjenn

PEB Forum Regular Member
Registered Member
The risk of losing my temporary 100 percent. It could get reduced back to the original 70 percent award or lower.
 

Warrior644

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I appreciate your prompt and candid response. Veterans are truly fortunate to have experts such as yourself available to help guide us along.

Semper Fi,
Indeed, you are quite welcome! No worries, thanks and take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

tony292

PEB Forum Regular Member
PEB Forum Veteran
I don't understand where the age 55 becomes relevant? The VA does have a rule that makes it harder for them to reduce a rating that you have had for 20 years. Is this what you are referring to? There is no age 55 rule that I know of.
 

Warrior644

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I don't understand where the age 55 becomes relevant? The VA does have a rule that makes it harder for them to reduce a rating that you have had for 20 years. Is this what you are referring to? There is no age 55 rule that I know of.
Not true, under 38 CFR 3.327(b)(2), the DoVA VBA can't send a military veteran to a re-examination if:
  • the disability has been as established as static or is of a permanent nature with no likelihood of improvement
  • when the veteran's symptoms haven't shown improvement for five years or more
  • the veteran is over the age of 55
  • the rating for the disability falls under a regulated scheduled minimum rating, or
  • if a combined disability evaluation (involving more than one condition) would not be affected even if one of the conditions have improved
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Last edited:

lloyjenn

PEB Forum Regular Member
Registered Member
Two questions:

1. Why would the VA tell me I was not given the P&T because there's a good chance I'll improve? I said okay, but I'm a mess. The rep didn't outright say it would be disapproved but highly discouraged submitting for an increase. I want to submit to file with the federal government too.

2. Where can I get assistance in Spain submitting the increase, and do I need new supporting documentation? I used the VFW in the states before coming to Spain, but I haven't received a response back from the VFW overseas. Quite possibly because they are extremely busy - truly understand!

Thanks again

Lloyd
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Two questions:

1. Why would the VA tell me I was not given the P&T because there's a good chance I'll improve? I said okay, but I'm a mess. The rep didn't outright say it would be disapproved but highly discouraged submitting for an increase. I want to submit to file with the federal government too.

2. Where can I get assistance in Spain submitting the increase, and do I need new supporting documentation? I used the VFW in the states before coming to Spain, but I haven't received a response back from the VFW overseas. Quite possibly because they are extremely busy - truly understand!

Thanks again

Lloyd
If you file the request for an increase, you are susceptible to a reduced rating (it's a possibility that many VSOs and attorneys fail to tell clients). If you pursue this path, you need to show that you meet the P&T criteria. Many people ask for P&T simply because they want CHAMPVA, etc. which I understand. However, that is not justification for awarding an increase.

You would need to dig into the regs and find out what evidence you must show to support the P&T rating. You might look for an attorney rather than a VSO, especially since you are out of country.
 
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