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Post PEB: Looking to apply for P&T

Joe Schmoe

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Good Morning,

It has been awhile since I have been in the forum. I have discussed this some in the past, but I am looking for more clarification. I got out via a MEB/PEB back in February 2017. It has been 4 years now and I am wondering when I should be getting another evaluation to change my VA disability compensation to permanent or if they will ever do so. The thought of it not being permanent and feeling like I can lose my 100% rating at any time bothers me. On top of that, the property tax exemption and the DEA benefits for my daughter make acquiring the P&T status more important. When looking at attempting to file a claim to receive P&T, I only see the options to file a new claim (for a new disability) or to file that something got worse. I am not filing that things got worse, but merely stayed the same at 100% and that it is permanent and isnt expected to change. So I am unsure how to file.

If you guys could help me with clarifying when/if the VA will ever re-evaluate me on their own to seek a permanent status, and/or if not how to properly file for P&T.

I would greatly appreciate any and all information and advice out there.

Thanks,

Joe
 

oddpedestrian

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
If you are currently 100% or in receipt of Individual Unemployability and not receiving Chapter 35 Dependents education benefits. Now is the time to figure out what condition(s) have a routine future exam (RFE) placed on them.
You do not want to wait until you have an exam scheduled to figure this out.
Here are a few tips on recent changes. These tips apply to all claims (not just 100% or IU)
1. If the condition is at 10% or the minimum compensable evaluation for that condition you should not have a RFE on that condition.
2. If the RFE was placed on the condition after July 2017 and there is no objective evidence that the condition will improve. You should not have an RFE unless the 38 CFR requires it (normally cancer conditions).
3. If you look at the rating decision and you still meet the requirements for the condition with the RFE or the next higher you should apply for the increase.

Your VSO at the county office or one from the DAV, VFW or American Legion can pull up your code sheet and tell you which ones have a future RFE.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Are you willing to share what conditions were rated temporary.
 
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