Is The VA Still Awarding 100% VA Disability Without P&T Status
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- Опубликовано: 8 сен 2024
- Veterans Info Tap and TheCivDiv talk about Jason getting hacked, the VFW VA disability claim clinic and how veterans go from 100% to 100% P&T.
Veterans InfoTap:
/ @veteransinfotap
TheCivDiv:
/ @thecivdiv
Just got awarded my 100 P&T yesterday!
Welcome to the Club. Congrats!!
@@terrypatrick_0331 thank you!
🎉
Hundo Club!
Congrats
Discharged in 2014. Was stubborn and never applied, finally had a buddy convince me. Applied in December 2023 got 100% p&t this June, did this on my own, apparently this is pretty rare
It rare at all. It’s actually common
I had a vso but pretty much submitted everything on my own I just used them to see my files on vbms and one even tried lying to me smh
@rdvfd70 A lot of veterans think you need a VSO to file a claim, but you don't. You better off, in my opinion, doing it yourself.
@@TexasMade903 I’ve had better experiences dealing with c&p examiners and the Va directly than I have dealing with VSOs some are there to help and don’t lie but a lot of them are just dirt bags. Just my opinion and experience
Same got out in 2001, was told I didn't qualify for anything because I got a general under honorable, then in 2023 my buddy was like no you do get it. He help me with the APP and 11 months later got P&T. So it not as rare as u think. But congrats anyway
Just wanted to thank you guys for your Channel. I watched tons of your videos and lo and behold got my 100% P&T Plus SMC's today.
God bless the bearded men!
They still are, I just had one of my co workers just got his 100% rating without P&T.
My private doctor wrote me a letter, saying he had been treating me for over,5 years. For my problem. Two weeks later, I got the mother of all clams .
I like clams, too!
@@JAKEC2C 🤣
I didn't apply for p&t. I applied for tdiu due to my bilateral eye disease, which is static. I got denied the first try, filed an hlr and got approved for tdiu and the VA gave me p&t status. I got lucky
Did you get back pay? I was awarded TDIU with P&T and home bound level S, I received no back pay it was awarded June 26, 2024. I dont understand the BS they pulled on my claim, hopefully you were awarded back pay. Also my rating percentage did not change too 100%
@robertortiz3755 yes, I got back pay
God blessed you brother
@@robertortiz3755I absolutely would be calling someone about that back pay immediately. I got 100% tdiu back in 2020 and got back pay. Definitely get in touch with someone about it
@@robertortiz3755If I had to be a guessing man, they assumed you got help and decided to fuck you with that move.
I can’t imagine how many guys and gals this is gonna happen to and how that’s gonna impact them and their signed agreements with these companies that help us all.
I am very happy for you brother. Hopefully it stays gone. I just recently lost my brother to cancer. It’s horrible. I applaud you fighting cancer and the VA at the same time …you are a warrior.
Thank you guy . this was a good one for me .
I just made 90% I will be 55 next year and I have other conditions but I don’t want to poke the Bear!!! Being at 90% has just changed my life and my family’s life.. Help guys because I feel like I should just stop at this point. Even though 100% is the promise land.
@anthonythompson4718 If you are that close, go on to the finish line. You are not poking the bear. Just make sure you have legitimate evidence. First, start with your breakdown letter. See if you have any 0% ratings you can only go up from 0%. I was like you and stayed at 90% for years. I decided to finish it. 100% is way better than 90%. Also, I don't have to pay property taxes on my house. You served, you deserve.
Always always always apply for TDIU immediately after receiving a 90% it’s a shoe in…
Not if He wants to work@@Toxic-Male
@anthonythompson4718 Also, I'm 55 and just recently stopped working. I'm going for my SSDI. Even though I'm a 100% VA disabled I still qualify for SSDI. You only need 40 credits of work history, which I have more than enough. in the search bar type, Dr. Weir, he is a retired social security expert. He comes on eveyrday at 6:00 p.m. eastern time. Ask him to explain SSDI. If you get your 100% and SSDI, that will definitely change you and your family lives even more
I was 70 % then filed for TDIU and now I’m 100 % p&t
I have a 90% VA Disability Rating, yet I have 100% unemployable which is 100% permanent and total.
To get that I was forced to seek legal help.
Im 60% and 50% for migranes. I filed tdiu n gave me cp exam i got reduced 50% to 0%. Appealed it, 3mths later gave me 50% back. Seems like Va forgot my tdiu. Smh
Plus i was already appealing hlr for backpay for my effective date for migranes when they first gave me 50% from 2019. I should get a answer 3 weeks.
How did you do it? Because they want to reduce me from 50% down to zero based off of a C&P exam which was 10 minutes by a nurse practitioner and it was done over the phone to reducing my migraines down. Even though 3 weeks later I went to a neurologist and we talked about my chronic migraines and everything and she suggested a treatment but they still ignored it and wanted to reduce me.
I’m 100% but not P&T, cancer.
Sorry buddy. Hope you get well soon.
Praying for you brother...
After treatment your residuals can bring you to P/T status.
Sorry about your condition.
How did you apply for 100% with cancer? I was just diagnosed this week and need to get on top of this myself.
Still waiting for a judge to see my case… wish me luck the list goes fast.
Wish there was a way to see where you are in line
I want tdiu. No more exams! I've told yall everything.. still pending
You don't plan on working again? TDIU, you really can't work without penalties. P&T, you still can work, I go to work every day, and I'm 100% P&T. Will be retiring soon and will apply for SSDI.
your limiting your money resource that can be worth more then the VA gives you.
Thanks for the video.
Static is not a good word to use. The big thing to overcome the re-exams is to have your doctor or the PT examiner list the disability as chronic. If it is chronic it is permanent and you will get P&T.
my 100P&T came in November 2023..
That's what I got, but at the time I didn't know how lucky I was.
"I know you wanna talk, so I'm gonna let you talk." Drops mic - video ends😆🤣
😂 sometimes the like that
If you two are going to give advise then at least have the CFR in front of you or at least be able to give a reference number in CFR.
If you have perm and Toyota status yet not all disabilities are static , will they have RFEs on the non static conditions ? For example a static back injury but a knee injury that is non static will they keep checking up on the knee
No. It doesn’t meet the criteria to reduce your overall rating
5 years being at the same rating doesn't make you static. Again the CFR which the VA goes off of doesn't say that. You guys are leading people by what you think instead what the CRF says.
RFEs are conducted in 2-5 years and in the case you’re talking about is the 5yr rule. If the VA is to reexam a disability after 5yrs of SC the criteria for the reexam is more strict as more evidence is needed for the reduction vs a standard RFE.
Why are you so….like this?
Clay is hard headed !!
That’s not nice
Clay got that beauty filter on 😂
That’s my webcam on my laptop 😂 but thanks
😂
Natural beauty, yes sir!😂
They are both beauties … inside and out
Please don’t let Clay talk he won’t stop talking. !!!
How do you know if you’re static. I’m 100% p&t . How you know va deems you static
It's on your rating code sheet which you likely don't have a copy of. You can call the VA 800 number or get with your VSO. They might not want to provide you a copy of it but they should be able to read it and tell you what is static.
@@rogersmith7808I got my code sheet today. Shows percentage / disability type and the code. Doesn't show if it's static or dynamic.
@@countcuda70 Hmm, mine shows Static under each disability listed. Does yours have a "Future Exam Date" listed under "Legacy codes"? Mine shows "none" which should be another way to tell if you're static.
@@rogersmith7808 thank you
@@rogersmith7808 I'll call the 800 number again tomorrow. Mine doesn't have any of that. Only shows those 3 things.
u need to find that one person. dav is the best. also ask all questions that u need answers. Even if there dumb
Examples of credited rep? Is Texas veterans commission one?
Yes, but they are not very helpful.I used them one the past and got very little help from them. I am currently using the Wounded Warrior Progam and have had a very good interaction so far.
@@seanunucing2500 that one wasn’t very helpful. I found them very helpful, so did my wife.
@@zee55887 yes, the reps me and my wife used were very helpful. It is very rep specific with organizations. In San Antonio, when I retired, the DVA was in the top spot, but later had a shakeup and TVC became number 1 because the really good reps retired/left. We switched to TVC and have gotten great help.
I have a question ⁉️ I got a rating of 30 percent before the year mark of my discharge date and I was only rated by my mental portion of my mental and physical exam because I couldn't make it to the physical portion. Therefore,my rt knee reconstruction,gerd, migraines ECT are rated 0 percent. I was looking back over my paperwork and it said I was rated 30 percent but getting paid at 100 percent due to unemployability. I wasn't thought. What should I do
I have never had the VA contact me I have had service connections since 2005. Would that be static?
How would you factor the over 55 rule and a non static condition that was never reviewed because between the initial rating before 55 and when it should have been reviewed and vet turned 55? Obviously would not want to poke the bear on that issue. Vet gets a rating that takes them to 100%. Does that vet stay in 100% but not P&T limbo until they go to Fiddlers Green?
BLUF: per the VA M21 manual
If ... the Veteran will have reached or surpassed age 55 by the time the reexamination is conducted
- Then ... do not schedule the reexamination unless required to do so by specific regulation, or compelled to do so based on unusual circumstances.
- cancel any examination not required by regulation, or warranted in light of unusual circumstances
As discussed in the video above, the primary unusual circumstance would be the 100% rating for a service connected or presumptive cancer diagnosis that is active.
6 months or more after treatment is complete they will do a RFE to assess for residuals.
If the rater messes up, because they don't know the regulation and try to send you to an unauthorized RFE then you can cite the M-21 reference and tell them to pound sand.
For the full table, GOOGLE [ VA M21-1 manual ] then work down the sections to arrive at the following citation:
Part IV, Subpart ii, Chapter 2, Section 1.A.1.e
Considering a Veterans Age in Connection with review examinations
or
IV.ii.1.A.1.e. Considering a Veteran’s Age in Connection With Review Examinations
@@NobodyNobody-hx6wh that does not answer the question. It does not matter what the primary unusual circumstance is.
This is a particular circumstance that I don’t think will be that unusual. It is the Gerd issue discussed without a subsequent VA review.
What you cite is irrelevant to the crux of the question - it isn’t about whether they do or don’t do exams over 55, but the limbo because of no exam but at 100% with no P&T
@@ChefJudge I might not be fully understanding your question. But the answer you are looking for is in the M21 manual that I pointed to. I only included the caveat about unusual circumstances in case you had one such as 100% temp disability for cancer, since you did not say what the diagnosis was in the original post.
38th CFR and VA M21-1 say that if you are 55 y/o or older then your condition is static. It is not subject to RFE. And if for example you were 53y/o and the scheduled you for a RFE in 3 years when you would be 56. Then once you turn 55 the GERD rating is static and the VA should cancel the RFE, in fact they never should have scheduled you for it, because they knew you would already be 55 or older.
So if you are over 55 y/o and have 95% schedular rating ( without an unusual circumstance) and are not P&T, then file a claim requesting P&T.
Hope that helps, if not, hopefully someone else can chime in with an answer for you.
Regards
I was rated 100% without P&T 2 years ago still working on getting P&T just don’t know where to find the accredited rep.
I've just been diagnosed with stage 4 lung cancer and I'm behind on my rent and bills. What resources are available for me?
Sorry to hear about your diagnosis. Hang tough man.
Hopefully, others more knowledgeable will chime in.
You may want to consider a three pronged approach.
I would definitely walk into your VA treatment facility as soon as possible to alert your PCM and get a VA Case Manager/Social Worker assigned to you. They are the experts in knowing all the resources available to help rent, bills and so forth. What you are describing places you in a very high risk category so the VA should be very responsive.
I would definitely make contact with the DAV as they have programs and resources available that may help.
You can also GOOGLE Patient Advocate Foundation, let them know that you are a veteran. They may be able to assign a case manager to you. If there are things that the VA is not able to help or assist you with, then they may be able to help with gaps that the VA doesn't cover.
Beast of luck to u fellow Veteran
Social security disability
What if there is no information about the condition being static or reexamination
I went from 90 to 100TDIU to 100%P&T
So if I’ve been denied for ten years for apnea and migraines 50/30 respectfully. Are these under static as both been treated all along
Civ Div and or Vet Info daily did a video a couple of days ago with the roadmap. Several ways to get to static / no more RFE per 38th CFR and it is cited in the M21 as well.
Based on what I think you are asking.
Go to your treating providers for your sleep apnea and migraines and if they say your condition is static, permanent or words to that effect then ask that they include the specific magic words that the VA is looking for in your encounter note.
" the disability is permanent in character and of such nature that there is no likelihood of improvement"
Also, as Civ Div or Vet Info daily put out. The statement above is one of the VAs definitions of static. This in no way prevents you from filing for an increase in the future, should your condition worsen.
Then use the encounter notes to request that the VBA change the ratings to static for those condions.
They are proposing that my 100% temp rating for prostate cancer be reduced to the residuals. Once that is done, are the residuals usually considered static or are they still temp?
Since you are 55y/o or older, your residuals are static and you are not subject to RFE.
This is per 38th CFR and VA M21 manual
@@NobodyNobody-hx6wh Thank you for that info.
@@TonyCossey1 No problem, best of luck to you and high five on your pending 100% P&T rating
I had migraines and hypertension both deferred, but listed as static ? Not sure what that means
My hearing loss was Deferred as well... What does that even mean!!!
@@DavidWDavis-xo4tjdeferred is like on hold…it’s not denied.
@@chrise.cullen1902 Thank you! What are they waiting for? Will I have to resubmit a claim on the deferred hearing or will they?
@@DavidWDavis-xo4tj you’re welcome, no you I’ll not have to resubmit your claim, it counts from when submitted it. You can submit more info etc….its much better than denied.
@@chrise.cullen1902 Thank you for the info..
@1:55 WHAT is the word you are saying? I have listened to it repeatedly and cannot tell if it is Piff/Pizz or what. Please tell me what you are saying as my hearing is about shot anyway.
PIV Card. www.osp.va.gov/How_To_Get_A_VA_ID_Badge.asp
@@VeteransDaily Thank you, very much!
? I’am 100 percent but not t and p but I have been this way since 2013 i’am 61 next year iam retiring 62 should I just leave it alone I always go to my appointments
Thanks
If I were you, I would not leave it alone. You just have to put in a claim for P&T status.
You are over 55. Per the 38th CFR and the VA M21 manual, your conditions are considered static and not subject to Routine Future exams. Depending on what your state offers, being P&T can open up exemptions on home and car taxes, which can be worth thousands of dollars a year as well as other benefits, and you never know, you might want a second career or do something else and P&T gives you access to ways for the VA to pay for it, or if you have a spouse and she wants to go to take classes or get certifications that the VA can help with that as well.
@@NobodyNobody-hx6wh wow thanks so much I will be honest lol I work at the VA and everyone said leave it alone it could cause them to lower my disability but reading what you said Monday I will be talking to a rep here thanks so much for this info really thank you my man great news
Have a dope azz weekend
@@andrewmunfordjr1976 No problem, glad it helped. It's all about vets helping vets. Enjoy the weekend as well.
where do you look to see if your conditions are static
You’ll have to look at the code sheet (I think the VSO can look that up for you). Or if you request your c-file,, it will be there.
You didn't answer the question
OIG report
What if you are above 55 years old ?
How does someone find out if either disability is static or permanent? I recently got my claim letter but I don’t see it say static or permanent.
You would have to request your code sheet. A VA code sheet shows each disability a person is rated for, including whether it is "static". You can also reach out to an accredited representative and they should be able to view it for you.
@@VeteransDaily Thank you for the quick response!
You can call The Veterans Benefits Administration (VA) National Call Center ( just GOOGLE that to get the number and hours of operation) and once you are speaking with a representaive request it - VA Ratings Code Sheet. You can request that they email it to you, otherwise the default is to mail it to you. I did this a few months ago, requesting that they email it to me and received my VA ratings code sheet back by email within an hour.
@@NobodyNobody-hx6wh very grateful for the info
VSO's are often overworked. I have long since advocated that Veterans ought to be entitled to VBMS access to their own records, rather than have to rely upon someone else. You shouldn't have to request results of C&P exams, that should have been implied when you originally filed for compensation and automatically sent to the Veteran, as well. Educate yourselves by attending workshops and learning how it works, but I have also been a long proponent of the premise that nobody cares more for your claim than you, the Veteran.
I’m 100% P&T, 60 years old. Can VA still request a follow up exam.
No, you are not subject to Routine Future Exams at this point unless the VA were to suspect fraud.
You have reached the holy grail. Unless you apply for SMC or suspected of fraud you are good. Personally go to Dr atleast several times per year and at 100 % you should be complaining about something 😂. Even though you are at P & T see Dr every 3 Mos because you should never trust V.A " You mysteriously got better ,because you have not been to the Dr in over a year"... Don't give them a reason. You should be going to Dr anyway at 100 P & T sir
Man, RUclips is continuing to delete my comments on Project 2025
Interesting isn't it.
They're definitely pruning comments.
That crap scares me, people really need to read about Project 2025 and what it means and not just only for our disability payments but for also the care...they will now only want to treat you for only service connected issues, so say if you break your leg ot you need some kind of surgery and say you have ptsd, well guess what those you will have to pay out of pocket for if you don't have any kind of insurance.
Oh knock it off. It was a neocon think tank that wrote it, not politicians. Trump, love him or hate him, was a lifelong Democrat before switching parties, so he tends to be liberal when it comes to veterans benefits and social security.
None of it is going to go through. Also, Trump does not support it either.
VA Develop to Denie
What does P&T stand for?
Permanent and Total
BS. those accredited people are only interested in taking on the cases that have a high probability of success. As a Nam Vet I couldnt find any ot these people who would take on my case. I did it myself and now have 80% and 100% rating. Took me 3 years but was accelerated when after the first denial Iook the Fed Court option. Won all cases presented to them.
Vote Trump/Vance 2024 Stop The Madness !
Lol, Project 2025 is trying to cap eligibility for veteran benefits to ten years. And before you say Trump has disowned Project 2025, 2/3 of Project 2025 authors were in Trump's administration and the Heritage Foundation 1000% has written most of Republican policies over the last 30 years
Remember, 11 Republican Senators voted against the PACT ACT.
@@TexasMade903 and 2/3 of the authors of Project 2025 were in Trump's administration. They want to cap veterans benefits to ten years, no more P&T
Trump is old and dumb, He hates Veterans, REMEMBER how he talked trash against John McCain.
REMEMBER, REMEMBER PARTNA.
Project 2025 reduces the entire VA.
So what happens if you have several service connected disabilities that are static and you’re 100% P&T TDIU and one disability isn’t static. Does the VA reevaluate all your disabilities or just the one non static condition?
@@kevinmccallister1343 non static