How do I know which 100% I have???

Wally3430

PEB Forum Veteran
Registered Member
#1
Just received rating decision letter that indicated I have been awarded Individual Unemployability. My ratings add up to 90%, but now I'm being paid at the 100% level. My rating decision letter also indicates I receive Chapter 35 benefits; Dependents Educational Benefits. One of the requirements of receiving Ch.35 benefits is having a "permanent and total disability". The only thing in my ratings decision paperwork that indicates I'm P&T is the Chapter 35 benefits section.

My question is this....if for some reason next year my IU drops off (no reason to believe it will), will I still be considered P&T and paid at the 100% rate? Or, will I be P&T, but lowered back to my 90% schedular rating and keep Ch.35 benefits? This is confusing. I even called the VA and the rep on the phone said that I was P&T based on my Ch.35 benefits but "that could change..it isn't permanent". So...."permanent" doesn't actually mean permanent? I thought if you are P&T you won't be scheduled for any re-evals..ever? No?
 

euphonix

PEB Forum Veteran
Registered Member
#2
The IU should not drop off unless you engage in gainful employment (the VA does cross checks with the Social Security Administration for people who get IU so they will find out) or unless you fail to complete the VA 21-4140 Employment Questionnaire that they should mail to you on a yearly basis. If for some reason you lost your IU status you would be paid at the 90% scheduler rate not the 100% IU rate. The Chapter 35 benefits are based on the P&T status, not the other way around so you would lose the Chapter 35 benefits if you lose the IU and P&T status. VA ratings are not permanent unless you have a protected rating for example if you have a consistent rating for 5 years the VA must show the condition has significantly improved before reducing the rating and they must review all medical evidence to prove that the improvement isn't temporary meaning a C&P exam isn't enough to reduce a rating after 5 years. After 20 years of a consistent rating the VA can only reduce the rating if they can prove that the claim was approved based on fraud. While the bar is higher to lower a 100% disability rating it is possible if they can prove significant and sustained improvement. Additionally while regular followup C&P exams are not scheduled for people with P&T ratings, the VA does have the right to call veterans in for C&P exams at any time if they suspect that their condition may have improved. I have been rated P&T since 2015 and haven't heard a word from the benefits side of the VA since I got my rating decision.
 

Wally3430

PEB Forum Veteran
Registered Member
#3
The IU should not drop off unless you engage in gainful employment (the VA does cross checks with the Social Security Administration for people who get IU so they will find out) or unless you fail to complete the VA 21-4140 Employment Questionnaire that they should mail to you on a yearly basis. If for some reason you lost your IU status you would be paid at the 90% scheduler rate not the 100% IU rate. The Chapter 35 benefits are based on the P&T status, not the other way around so you would lose the Chapter 35 benefits if you lose the IU and P&T status. VA ratings are not permanent unless you have a protected rating for example if you have a consistent rating for 5 years the VA must show the condition has significantly improved before reducing the rating and they must review all medical evidence to prove that the improvement isn't temporary meaning a C&P exam isn't enough to reduce a rating after 5 years. After 20 years of a consistent rating the VA can only reduce the rating if they can prove that the claim was approved based on fraud. While the bar is higher to lower a 100% disability rating it is possible if they can prove significant and sustained improvement. Additionally while regular followup C&P exams are not scheduled for people with P&T ratings, the VA does have the right to call veterans in for C&P exams at any time if they suspect that their condition may have improved. I have been rated P&T since 2015 and haven't heard a word from the benefits side of the VA since I got my rating decision.
Thanks for the response. I wish the VA was more clear on the rating decision.
 
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