There really is no Permanent and Total in the sense that you then go about your merry way. Fact is the VA can request that you undergo a C&P exam no matter what your rating UNTIL you have been rated at 100% SC for over 20 years. Then and only then must the VA show reason and cause for a C&P rating exam/review. So, remember, until you have been consistently rated at 100% SC Permanent and Total, irregardless of the letter that you may have received that "No future exams are scheduled" they can, again, they can schedule you for a C&P exam to see if there has been any improvement and may "propose" a reduction in disability if there was any. That I am ending there, because going into it any deeper would take a hell of alot of space.
A Veteran in Arms.
Freddy

Correction. Inadverdently stated 100%, when it should have read "any" % can be reviewed until it surpasses the 20 year Title 38USC rule, commonly referred to as "The Safe Haven" clause.
Veteran in Arms.
Freddy

I agree with one other exception, they are not supposed to review claims when you are over 55 years old. Here are the rules on re-exams:

(Authority: 38 U.S.C. 501)
(b) Compensation cases—(1) Scheduling reexaminations. Assignment of a
prestabilization rating requires reexamination within the second 6 months
period following separation from service.

Following initial Department of Veterans Affairs examination, or any
scheduled future or other examination, reexamination, if in order, will be
scheduled within not less than 2 years nor more than 5 years within the judgment
of the rating board, unless another time period is elsewhere specified.
(2) No periodic future examinations will be requested. In service-connected
cases, no periodic reexamination will be scheduled:
(i) When the disability is established as static;
(ii) When the findings and symptoms are shown by examinations scheduled
in paragraph (b)(2)(i) of this section or other examinations and hospital reports
to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

Dave M , thank you for the excellent information, being 59 I feel somewhat more secure since I've never held a job over a year anywhere and have no retirement this can make all the difference. Again thank you.

quote:

Originally posted by ronrond:
Dave M , thank you for the excellent information, being 59 I feel somewhat more secure since I've never held a job over a year anywhere and have no retirement this can make all the difference. Again thank you.

I thank Dave as well for the correction and to you Ronrond, a sincere wish for a well deserved as good a life as possible with the comp you are receiving, My input was NOT meant to generate any fear, and for that I apologize. It was however posted as a reminder to those that seek, attained that magic 100% either SC or IU and then not caring for it as a vested investment to insure lifelong returns.
A Veteran in Arms
Freddy

No problem Freddy. I agree that managing your relationship with the VA RO and your SC disability is a job - especially when you get over 50%. I am closing in on 55 and I am at 100% temp for 6 years plus. I would save a lot on health insurance if my wife got ChampVA. At the same time, I am not rushing to rock the boat and open my claim again.

no problem , I appreciate all info. Thanks again

Hi I'm a Vietnam vet rated at 80%with diebeties astge 4 kidney failureand afew other things. I got laid off the begining of the year and haven't worked since.I would like to know what I need to do to apply for IU. Thanks for your help..

I say it over and over again, see your VSO. You may then file VAF 21-8940 for IU, which means Individual Unemployability. If your service connected disabilities are the reason you cannot work, you should recieve IU.

See your VSO!

quote:

Originally posted by DaveBarker:
I say it over and over again, see your VSO. You may then file VAF 21-8940 for IU, which means Individual Unemployability. If your service connected disabilities are the reason you cannot work, you should recieve IU.

See your VSO!

On behalf of ENYVTHS

Dave, You are correct! However, if I may, I'd like to add one thing, having just recently gone through this. His VSO needs to state that he has been unable to work since (state the date he became unemployed). VA will then use that date as the retro date for establishing his IU eligibility.

Thanks to both of you gents.

quote:

Originally posted by Dave_M:
I agree with one other exception, they are not supposed to review claims when you are over 55 years old. Here are the rules on re-exams:

(Authority: 38 U.S.C. 501)
(b) Compensation cases—(1) Scheduling reexaminations. Assignment of a
prestabilization rating requires reexamination within the second 6 months
period following separation from service.

Following initial Department of Veterans Affairs examination, or any
scheduled future or other examination, reexamination, if in order, will be
scheduled within not less than 2 years nor more than 5 years within the judgment
of the rating board, unless another time period is elsewhere specified.
(2) No periodic future examinations will be requested. In service-connected
cases, no periodic reexamination will be scheduled:
(i) When the disability is established as static;
(ii) When the findings and symptoms are shown by examinations scheduled
in paragraph (b)(2)(i) of this section or other examinations and hospital reports
to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

Dave I am 100% P&T and have been for over 10 years. I am 60 years old. I worry if my wife of 42 years can draw part of my disibitity. I heard she may get around $1000. a month if I die but it must be from reason due to my disability, which is PTSD. What if I get killed in a car wreck, die of cancer, heart attack? Also is there any time in my life that I can do work like cut grass for others. I cut my grass!! I hope these are not bad ?? to ask. I thank you for your time.

quote:

Originally posted by MOLO10:

quote:

Originally posted by DaveBarker:
I say it over and over again, see your VSO. You may then file VAF 21-8940 for IU, which means Individual Unemployability. If your service connected disabilities are the reason you cannot work, you should recieve IU.

See your VSO!

On behalf of ENYVTHS

Dave, You are correct! However, if I may, I'd like to add one thing, having just recently gone through this. His VSO needs to state that he has been unable to work since (state the date he became unemployed). VA will then use that date as the retro date for establishing his IU eligibility.

VA will normally establish the date the first day of the month after receiving the application for the benefit. The VAF 21-8940 form requires the veteran to indicate the date the disability affected full time employment, date last worked full time and date the veteran became to disabled to work.

quote:

Originally posted by DaveBarker:
I say it over and over again, see your VSO. You may then file VAF 21-8940 for IU, which means Individual Unemployability. If your service connected disabilities are the reason you cannot work, you should recieve IU.

See your VSO!

I have a friend from my platoon in RVN that got MDII and HBP and was awarded 30% from the VA on AO grounds. He was a truck driver with the Teamsters all his adult life and had to quit because of the MDII.

He can't get IU because he's not at the required schedular ratings. He filed for PTSD but was denied. Its a SHAME about the IU.

I have been rated 100% IU since 2003. I am 62 years old. Due to the economy, I am forced to try and work and gamble on losing my disability. Those are my thoughts....however, I talked to my county VSO just yesterday, and he told me to reopen my PTSD claim and when I reopen it with him to state in my request that I am seeking to have my 100% I/U rating changed to 100% Schedular for PTSD.

I'm going to do that, but I still have to seek employment even though I don't feel like working.

Regardless of IU or 100% PTSD, you can not work. To meet the 100% definition for PTSD, it says you are unable to work in not so many words.

quote:

Originally posted by Dave_M:
Regardless of IU or 100% PTSD, you can not work. To meet the 100% definition for PTSD, it says you are unable to work in not so many words.

Please explain this, Dave_M. I am interested in whare it is outlined in the regulation.

Thanks.

It is not in the regulation, it is in the definition of 100% PTSD.

This is the 100% definition:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name

This is the 70% definition:

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful cir***stances (including work or a worklike setting); inability to establish and maintain effective relationships

You can see that even at 70% employment is not consistent with the rating, and at 100%, "inability to perform activities of daily living" and "Total occupational and social impairment" to me says that work is an issue. Having this problem means a person is unable to work.

Dave Barker has addressed this topic. It only applies to 100% PTSD and other mental disorders. I am 100% for a physical disease, and I am allowed to work.

Johnny,

Greetings and special blessings. I do not see an answer to your question yet, so will try to answer it. I will repost it here:

Dave I am 100% P&T and have been for over 10 years. I am 60 years old. I worry if my wife of 42 years can draw part of my disibitity. I heard she may get around $1000. a month if I die but it must be from reason due to my disability, which is PTSD. (THIS IS NOT TRUE SINCE YOU ARE OVER 10 YEARS AT 100%.) What if I get killed in a car wreck, die of cancer, heart attack? Also is there any time in my life that I can do work like cut grass for others. I cut my grass!! I hope these are not bad ?? to ask. I thank you for your time.

Here is the link in the VA for your spouse, for some reason the current rates are not showing:

http://www.vba.va.gov/bln/dependents/spouse.htm

Your wife will receive over $1,067.00 a month plus another $228.00 which is more now since she has been married to you for over 10 years and you have been 100% for over 10 years. The cause of death over the 10 year time limit can be for any reason and she will still receive the DIC.

You should be able to cut grass for others and earn a little pocket change. You are allowed to earn the proverty level in income and still draw your VA. Dave did say something about PTSD people not being able to work any. Cutting a little grass is not like working on a job and having SS withheld and income taxes paid on your earned income.

If you have any more question, please post them or send me an email at <<Email me address removed per policy - use the profile to contact>> .

May God richly bless and keep you and your family.

In His Service,

Grover

This message has been edited. Last edited by: Dave_M,

quote:

Originally posted by 27thMarine:
I have been rated 100% IU since 2003. I am 62 years old. Due to the economy, I am forced to try and work and gamble on losing my disability. Those are my thoughts....however, I talked to my county VSO just yesterday, and he told me to reopen my PTSD claim and when I reopen it with him to state in my request that I am seeking to have my 100% I/U rating changed to 100% Schedular for PTSD.

I'm going to do that, but I still have to seek employment even though I don't feel like working.

My question to you as I read your post tonight was o.k you're rated at 100% IU and you're still not able to make it. So it means that $2,600 +/- still not enough. You did not mention whether you had applied and are in receipt of SSDI, for if you did, then that would be another 1,000 + a month. Surely you can live on that, considering that it is tax free so the equivalent would be well over 4,000 a month. And also were you medically retired from the service? If so, did you apply for either CRSC or CRSCP. working, while in receipt of a 100% rating is like playing with matches around a leaking gasoline tank. Maybe nothing will happen, maybe something will trigger a review. The problem once a review takes place and your 100% is reduced, then what? Have you any idea how hard it would be and the time and money lost in the process of trying to get it back? Please do think things over. Remember this: Any, yes, ANY disability rating is like a investment portfolio that requires due diligence and care. Anyone who gets a compensation rating and then decides oh heck, got the money, LIVE !! Get a job, make more money, I'm safe. My input would be that you are never safe, I'm not even buying into this 10 year protected rating either, Nothing is permanent and total for at least 20 years and in the meantime, it requires that you keep your appointments, take care of yourself, don't be careless with your compensation, and keep a nice life with a near equal low profile so as not to attract the attention of the VA.
Have a safe and wonderful 4th of July weekend people.
Freddy