Question about P&T (VA)

Veteran1327

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Thank you all in advance.

Six months ago I’ve finished my re-evaluation exam. My disability rating was 30% DoD and 100% VA. I was on TDRL and now moved to PDRL. Although my DOD rating is now permanent, the VA rating still showing temporary. What can I do to make my 100% VA rating P&T?
 

RonG

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Thank you all in advance.

Six months ago I’ve finished my re-evaluation exam. My disability rating was 30% DoD and 100% VA. I was on TDRL and now moved to PDRL. Although my DOD rating is now permanent, the VA rating still showing temporary. What can I do to make my 100% VA rating P&T?
Hello @Veteran1327

Just a suggestion...

Recommend reviewing the following info: What NOT to do <----LINK

It is not exactly like your case, but sometimes it is better to be satisfied with what we have.

Ron
 

FmrArmyAvatr

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Ron,

Thanks for sharing this. I'm was recently moved to PDRL at 80% (70% for the unstable, now stable condition), and within two weeks am now being proposed for a reduction to 30% for same condition by VA. I'm still waiting on the VA documents to see what happened there. I know DOD and VA ratings are based on different circumstances (military job vs civilian life), but my documented symptoms shouldn't have changed.
 

oddpedestrian

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@Veteran1327

You can link up with a free VSO who can tell you when your next scheduled review is. If you cant wait till your next review you have to find out from your VSO which disabilities are static or not the ones that are not you have to file a claim for P&T the VA will schedule you for an exam. Just know it comes with a risk-
continued, reduced, or P&T.

@FmrArmyAvatr

Did you go to two different exams or just one exam? If both used the same evidence the PDRL decision can be used to fight the reduction I also recommend finding a VSO asap. You have 30 days to request a hearing to stop the reduction I would do t immediately.
 

FmrArmyAvatr

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@Veteran1327

You can link up with a free VSO who can tell you when your next scheduled review is. If you cant wait till your next review you have to find out from your VSO which disabilities are static or not the ones that are not you have to file a claim for P&T the VA will schedule you for an exam. Just know it comes with a risk-
continued, reduced, or P&T.

@FmrArmyAvatr

Did you go to two different exams or just one exam? If both used the same evidence the PDRL decision can be used to fight the reduction I also recommend finding a VSO asap. You have 30 days to request a hearing to stop the reduction I would do t immediately.
They should both have the same evidence. The TDRL examiner took her time, about two hours with me and even talked to my wife for an hour. It was a tight turn around between my TDRL and RFE exam (less than a week), so getting documents uploaded was from my TDRL was done the same day as my VA RFE. The C&P examiner basically ignored those documents, and I filed a complaint about the whole exam with the VA.

I called the VA to figure out what was going on. It sounds like they did not have time to process and review my TDRL/PDRL documents and made the decision without them.The VA couldn’t directly address the issue over the phone yet because I haven’t received the official paperwork in the mail. I talked to my VSO before both exams, so he knows what was happening the past couple of weeks. I already notified my Congresswoman.
 

oddpedestrian

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The TDRL/PDRL exam isn't binding on them its just strong objective evidence especially in your case.

A Tie Goes to the Veteran (§4.7 & §4.21): If there are two exams with conflicting information, then the Rating Authorities must base their rating on the one that will give the veteran the higher rating. This won't happen, however, if one of the exams has less probative value than another.

The TDRL examine was clearly probative but in my case which was similar to yours the VA didnt budge and moved forward with the reduction I got the BVA to give it back with P&T but it was all a very stressful experience.
 

tony292

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Permanent and total status is awarded when the conditions are deemed to be chronic and degenerative, and improvement is not likely.

Total and Permanent Disability VA, also known as 100 percent P&T, applies to veterans whose disabilities are Total (any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation) AND Permanent (impairment is reasonably certain to continue throughout the life of the disabled person).
 

FmrArmyAvatr

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The TDRL/PDRL exam isn't binding on them its just strong objective evidence especially in your case.

A Tie Goes to the Veteran (§4.7 & §4.21): If there are two exams with conflicting information, then the Rating Authorities must base their rating on the one that will give the veteran the higher rating. This won't happen, however, if one of the exams has less probative value than another.

The TDRL examine was clearly probative but in my case which was similar to yours the VA didnt budge and moved forward with the reduction I got the BVA to give it back with P&T but it was all a very stressful experience.
Thanks for the info, I’m even more anxious waiting on the decision to get here on top of being told I need an expedited surgery yesterday. I talked with my therapist today and she agreed with the narsum and is trying to get the okay from her director to write a letter saying she concurs with what it says instead of me going through the hassle of getting all her notes and submitting them. I was more worried about the tdrl than the VA and now it has totally flipped.
 

HLHL

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I was recently MED boarded
40% Dod
100% VA

My question is how do I know if I'm P&T or temporary. None of my paperwork states either. I reached out to my MSC and the VA and they both had no idea. They said it's hard to tell because my rating is still "proposed" due to me not yet being separated.
 

tony292

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PEB Forum Veteran
I was recently MED boarded
40% Dod
100% VA

My question is how do I know if I'm P&T or temporary. None of my paperwork states either. I reached out to my MSC and the VA and they both had no idea. They said it's hard to tell because my rating is still "proposed" due to me not yet being separated.
Look at your VA letter and see if it says anything about “CH 35 benefits”. That means permanent and total.
 

oddpedestrian

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I was recently MED boarded
40% Dod
100% VA

My question is how do I know if I'm P&T or temporary. None of my paperwork states either. I reached out to my MSC and the VA and they both had no idea. They said it's hard to tell because my rating is still "proposed" due to me not yet being separated.

Go to VA.gov click on letters then benefit summary letter it will be on there.
 
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