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Veterans of the United States Uniformed Services may be eligible for a broad range of programs and services provided by the Department of Veterans Affairs (VA).
A Statement regarding Permanent and Total Disability (P & T) ratings
assigned to veterans by the Department of Veterans Affairs
I have a temporary rating. I need a permanent rating for the additional family benefits. How can I do that?
The 100% P & T designation is seen as important because of the additional dependents benefits of Chapter 35 educational benefits or the CHAMPVA health insurance. There are other benefits associated with a permanent rating; for example, a veteran must be rated as permanently disabled for an uninterrupted 10 year period for his spouse to be eligible for DIC should the vet die of anything that isn't rated as service connected.
P & T may be associated with either a 100% schedular rating or a 100% TDIU rating.
Whether or not a veteran receives a "permanent and total" (P & T) rating depends on a wide variety of factors. There are generally 2 classes of 100% ratings that aren't rated as P & T. Service connected cancer ratings are always rated as temporary 100% because it's assumed the veteran will get treatment and the cancer will go to remission or a cure. The other class of ratings that are always temporary are mental health related. VA assumes that with time and treatment, almost all mental health ratings will show measurable, sustained improvement.
Mental health 100% ratings may convert to P & T after the veterans 55th birthday. The 55th birthday is generally viewed as the point that a person can't effectively be retrained in any field that would allow him or her to reenter the workforce. This standard isn't unique to veterans or the VA, the SSA and other similar agencies use the 55 year old standard too.
We recommend that veterans do not try to appeal their temporary 100% rating to achieve a permanent rating. The first reason to avoid seeking an appeal is that VA will tell you there's nothing to appeal, you haven't been denied anything. Then you must consider that any time we ask VA to review anything in our file, they will review everything. During these reviews they look for areas of improvement in your rated conditions and will often seek to lower an existing benefit. Advocates have many horror stories of veterans who "appeal" or otherwise ask for P & T and end up with a 30% rating after VA opens the file.
As time passes and you attend those future exams, it becomes very difficult for VA to show sustained and measurable improvement. We agree that in broad terms, when 5 years passes between exams it becomes almost impossible to show sustained improvement.
Waiting it out also gets you closer to the 55 year old point and a better chance of a permanent rating after that.
While we understand that to not be rated as P & T may cause you to miss out on some dependents benefits, we believe the risks of seeking the permanent rating status outweighs any perceived potential benefits.
Our recommendation is to wait it out and not seek a P & T status.
You should attend any and all future exams that VA schedules for you. Never miss or try to reschedule C & P exams. Be prepared for each C & P exam to show the examiner that there has been no change to the condition being examined.
Jim; Not sure if you have seen this yet. I’ve attached an “invitation” one of our clients received inviting him to participate in the RAMP program. We had to read it about 5 times to understand everything, so I would highly recommend any veteran getting one of these to seek the advice of a rep or attorney. We can definitely see where making the wrong selection could be detrimental. We're happy to offer free evaluations to any veteran who gets a RAMP letter. /s/ Julie Glover
General Information on Determining Unemployability
Factors to Consider When Determining Unemployability
Determining Marginal Employment
Determining Unemployability or Marginal Employment of Farmers
Obtaining Evidence of Disability
Determining Permanent and Total Disability
Effective Dates for Disability Pension Awards
Requirements for Retroactive Payment of Disability Pension
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Education and Training
Regional Processing Offices
VA has three RPOs that handle GI Bill claims.
How to Use My HealtheVet
My HealtheVet is the VA's Personal Health Record.
It is designed for Veterans, Servicemembers, their caregivers and others. To use My HealtheVet, you will need a computer with Internet access...
About Your Health
Disability Service Connection
Secondary Service Connection
Temporary Total Disability Rating
38 U.S.C. 1151
Special Monthly Compensation
Specially Adapted Housing
Special Home Adaptation
Benefits Based on a Veteran's
Seriously Disabled Child
Change of Address
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
Selective Service Records
Deceased Veteran's Claim Files
Individual Deceased Personnel File
Examination reports indicating improvement.
Disabilities which are likely to improve.
Jim Strickland is a nationally known
advocate for veterans and
a member of the Stateside Legal Advisory Board.
What Additional Benefits
Are YOU Eligible For?
VBA Derivative Benefits Eligibility
There are additional benefits that you may be eligible for that are based on a favorable decision for a VA benefit and/or based on special circumstances.
These are known as derivatives.
There are 3 Great Lies, it's been said...
1) Of course I'll respect you in the morning, darling.
2) The check is in the mail.
3) Hello, we're from the and we're here to help you.
A general list of other Federal agencies that
offer benefit programs and resources for
Service members, Veterans, and their families.
Veterans Legal Help Navigator
Welcome to the Veterans Legal Help Navigator. This online tool helps veterans' caseworkers and advocates across the country find the right fit legal help for veterans.
38 CFR 3.340 - Total and permanent total ratings and unemployability.
(a) Total disability ratings -
(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.
(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.
(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:
(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;
(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and
(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.
(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.
(c) Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.
VA provides Veterans, Servicemembers, and their families with $1.3 trillionin insurance coverage each year. VA also offers a variety of life insurance options
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VA Home Loans and Housing-Related Assistance
VA Assistance to Veterans Who Are Severely Disabled
Veterans with certain service-connected disabilities may apply for grants to build an adapted home or install ramps, widen doors, or make other modifications to live more independently.
There are a lot of organizations set up to help
veterans in need. But they all take time to
respond, if they respond at all. The veteran
who is in a financial bind needs help right now.
Give a little, give a lot...trust that we'll do our
best to get it to a deserving veteran and family.
VA Benefits for Your Child
The Department of Veterans Affairs (VA) offers several benefits for the children of veterans:
(1) Education benefits
(2) Health care CHAMPVA
(3) Life insurance
(4) Memorial benefits