PERMANENT AND TOTAL / UNSCHEDULED

PERMANENT AND TOTAL / UNSCHEDULED

100PTSD
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Joined: 18 Aug 2017, 12:46

30 Aug 2017, 11:39 #1

Hello everyone - this is my first post so please pardon me if I'm asking soemthing that has already been covered. There is just so many postings, I've had trouble finding something that covers my issue(s)

A year ago I filed a claim for Individual Unemployment - I already had a 90% Award, but I got fired, by a DOD Position from an Organization that publicly prides themselves on hiring disabled Veterans (The Commissary). The letter in which they fired me directly stated that due to my disabilities, or rather the results of my disabilities - I was being let go. Great....! This of course sucked, but it also motivated me to file for IU.

A year later, after almost 5 billion Dr's appointments - I received a decision. 7 static physical ratings and one static Mental rating. PTSD - 100%. Of course there are many things written in the letter - but the things that made me perk up were "Permanente & Total / Unscheduled. With the wording of so many things within my letter, ultimately it confused me - so I wound up in this awesome forum. I read many times within the forum postings  that -" the only way to know for sure - is to call the VA on the 1-800 number......

So I did just that....called the VA and to my surprise there was ZERO waiting time. (I inquired about the zero wait time and was told they revamped the entire call in system so there should never be any waiting time)

Sorry for going off-subject - Back to the phone call. First I asked them (I asked them this way in an attempt trip them up) First - "What does P&T mean"..... They answered with "just what it says" and went on to explain it slightly in depth. I was happy with that answer and then asked about continuing to submit evidence to support my claim. They said "yes of course you can submit further evidence as you encounter it." Again - fair enough...

I asked would I be faced with future examinations and they said.... "yes, possibly in a year or so, the VA may / will contact me in regards to scheduling / attending a reevaluation...." Hmmmm...

I then went on to inquire about the Unscheduled paragraph.... He found it and read through it and then asked if I minded if he placed me on a brief hold while he consulted with his supervisor. Once he returned he stated -" the VA would not be scheduling any future appointments / for any of my disabilities. They have all been placed in a "Static Award Status, with no future examinations needed"....... I was dumbfounded and I still don't believe it.... The moment I submitted my initial claim I slowly started researching claims, stories both good and bad are everywhere - I just haven't yet encountered anything like this - YET.

Since the VA Representative was wishy-washy in his replies, I cannot put much faith into them. Thus I am here seeking any possible guidance / wisdom / experience / thoughts. Has anyone seen this before. I'm not at all playing stupid, nor would want to waste anyones time - but could someone please tell me thier opinion? Has anyone heard of the VA awarding claims in this seemingly permanent manner?

For Clarification all of both my physical & mental claims are "Unscheduled, permanent & total." What exactly does this mean? They sent along a Dependents Education Assistance Phamplet.
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BROVET
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Joined: 17 Apr 2006, 19:42

30 Aug 2017, 12:13 #2

If you are P&T, then you should not have any future scheduled exams.  Now, if you file any new claims, then all bets are off.  Congrats on the P&T!
 

   
      
      A Co. 2nd/2nd
      1st Infantry
      11/66-11/67     
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100PTSD
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Joined: 18 Aug 2017, 12:46

30 Aug 2017, 17:50 #3

BROVET wrote: If you are P&T, then you should not have any future scheduled exams.  Now, if you file any new claims, then all bets are off.  Congrats on the P&T!
Thank you so much.... I have an appeal in which has been there for years. . Should I be worried about that? Should I ask to have it removed?
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ChiefH3030
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Joined: 02 Feb 2017, 18:54

03 Sep 2017, 02:51 #4

100PTSD wrote: Hello everyone - this is my first post so please pardon me if I'm asking soemthing that has already been covered. There is just so many postings, I've had trouble finding something that covers my issue(s)

A year ago I filed a claim for Individual Unemployment - I already had a 90% Award, but I got fired, by a DOD Position from an Organization that publicly prides themselves on hiring disabled Veterans (The Commissary). The letter in which they fired me directly stated that due to my disabilities, or rather the results of my disabilities - I was being let go. Great....! This of course sucked, but it also motivated me to file for IU.

A year later, after almost 5 billion Dr's appointments - I received a decision. 7 static physical ratings and one static Mental rating. PTSD - 100%. Of course there are many things written in the letter - but the things that made me perk up were "Permanente & Total / Unscheduled. With the wording of so many things within my letter, ultimately it confused me - so I wound up in this awesome forum. I read many times within the forum postings  that -" the only way to know for sure - is to call the VA on the 1-800 number......

So I did just that....called the VA and to my surprise there was ZERO waiting time. (I inquired about the zero wait time and was told they revamped the entire call in system so there should never be any waiting time)

Sorry for going off-subject - Back to the phone call. First I asked them (I asked them this way in an attempt trip them up) First - "What does P&T mean"..... They answered with "just what it says" and went on to explain it slightly in depth. I was happy with that answer and then asked about continuing to submit evidence to support my claim. They said "yes of course you can submit further evidence as you encounter it." Again - fair enough...

I asked would I be faced with future examinations and they said.... "yes, possibly in a year or so, the VA may / will contact me in regards to scheduling / attending a reevaluation...." Hmmmm...

I then went on to inquire about the Unscheduled paragraph.... He found it and read through it and then asked if I minded if he placed me on a brief hold while he consulted with his supervisor. Once he returned he stated -" the VA would not be scheduling any future appointments / for any of my disabilities. They have all been placed in a "Static Award Status, with no future examinations needed"....... I was dumbfounded and I still don't believe it.... The moment I submitted my initial claim I slowly started researching claims, stories both good and bad are everywhere - I just haven't yet encountered anything like this - YET.

Since the VA Representative was wishy-washy in his replies, I cannot put much faith into them. Thus I am here seeking any possible guidance / wisdom / experience / thoughts. Has anyone seen this before. I'm not at all playing stupid, nor would want to waste anyones time - but could someone please tell me thier opinion? Has anyone heard of the VA awarding claims in this seemingly permanent manner?

For Clarification all of both my physical & mental claims are "Unscheduled, permanent & total."  What exactly does this mean? They sent along a Dependents Education Assistance

It seems to me, and I am no expert, but firing you because of your disabilities or the result of your disabilities is contrary to the Disability Act.  Not trying to steer your search for the VA stuff off track but perhaps you should look into the legality of your dismissal.
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Gorilla978
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Joined: 11 Jul 2017, 23:14

03 Sep 2017, 04:13 #5

100PTSD wrote:
BROVET wrote: If you are P&T, then you should not have any future scheduled exams.  Now, if you file any new claims, then all bets are off.  Congrats on the P&T!
Thank you so much.... I have an appeal in which has been there for years. . Should I be worried about that? Should I ask to have it removed?


There is nothing to be gained.  You have 100% Perm and total with no future appts scheduled.  Anytime you put in for an increase they can/will review your pre-existing issues to determine their current status so you could theoretically go down in rating %.

Type up a word document stating that you'd like to withdraw your claim, with proper admin info (DOB / SSN / FULL NAME / etc) sign it, scan it and upload it into ebenefits under the new claim(s).  Eventually your claim will be removed.


Good luck.
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michaelcollinsfrias
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Joined: 02 Nov 2017, 18:21

07 Nov 2017, 17:31 #6

If rated 100% permanent & total upon getting rating it us permanent can never be lowered.
I am 220% but max is 100%.

Sent from my SM-G930V using Tapatalk

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Nick
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Joined: 27 Feb 2011, 02:04

08 Nov 2017, 05:57 #7

michaelcollinsfrias wrote: If rated 100% permanent & total upon getting rating it us permanent can never be lowered.
I am 220% but max is 100%.

Sent from my SM-G930V using Tapatalk
Not exactly. Permanent means no future exams are scheduled. Total means 100%. Just because someone is P&T does not mean the rating can not be reduced in the future if evidence warrants it and the claim file is opened for some reason - such as submitting a claim or appeal.

Service connection is protected once in place for 10 years. A particular rating percentage is protected after 20 years.  
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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SGT PAPA SMURF
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Joined: 07 Apr 2014, 21:25

08 Nov 2017, 13:54 #8

I would say do your diligent research on this topic.  While most say don't rock the boat of the 100% P&T and I believe in that up to the one point; if the new/existing appeals/claim has something to do with a disability that can lead to my death.  Understanding your disabilities can all be opened reviewed (this is the disturbing the boat); you have to determine if for your family this other disability(ies) that are in question need to be further pursued and at what risks are involved.

I am 100% IU P&T and have not rocked the boat with my sleep apnea claim--torn between the thoughts.   For me, if it where heart issues, diabetes, kidney (vital organs or cancers); I would consider going through the VA gauntlet as my disabilities are irreparable at this point.  

Something you may want to discuss with a good VSO, family and further research to make a sound decision on that appeal in your case.  SMC-S, large chunk of change due from the disability in question that you deserve if favorable decision etc..many factors.  I personally look at it purely from what I mentioned above, if it can lead to my death and how will my family be affected by it.

Others have opened that door and 100% reduced; I hope you make a good sound choice.

 
19D, SGT, E-5, ARMY100% IU P&T
SSDI--Appeal in the works


some days I believe it and see it...some days I can't find it through the levels of the pains physically and mentally




I am long-winded...but do try to put substance in it!!!
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Cavmedic
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Joined: 13 Aug 2009, 06:19

08 Nov 2017, 14:32 #9

So much wrong with this post.
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Nick
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Joined: 27 Feb 2011, 02:04

08 Nov 2017, 15:23 #10

Cavmedic refers to a nonsense filled rant posted by michaelcollinsfrias.  Additional rants were added by michaelcollinsfrias after cavmedic's post. All have been removed.

The purpose of VBN is to help vets navigate the VA system by providing accurate information. Most of michaelcollinsfrias' posts are filled with incorrect and misleading statements.

What  Vol has previously  written applies here  :"If you do not know what you are talking about, don't post.  If you don't know what you are talking about and post any way, don't be surprised, pissed off or whatever when you get taken to school in a thread.  Also, no crying if I read your post and just kill it.  "


michaelcollinsfrias,

You are directed to not post further in this topic. 


n you get taken to school in a thread.  Also, no crying if I read your post and just kill it. To 
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
Reply

Didmytime6369
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Joined: 17 Nov 2015, 16:07

09 Nov 2017, 02:15 #11

Nick wrote: Cavmedic refers to a nonsense filled rant posted by michaelcollinsfrias.  Additional rants were added by michaelcollinsfrias after cavmedic's post. All have been removed.

The purpose of VBN is to help vets navigate the VA system by providing accurate information. Most of michaelcollinsfrias' posts are filled with incorrect and misleading statements.

What  Vol has previously  written applies here  :"If you do not know what you are talking about, don't post.  If you don't know what you are talking about and post any way, don't be surprised, pissed off or whatever when you get taken to school in a thread.  Also, no crying if I read your post and just kill it.  "


michaelcollinsfrias,

You are directed to not post further in this topic. 


n you get taken to school in a thread.  Also, no crying if I read your post and just kill it. To 
Nick,

The Op's question re: (old Appeals) that are still open,  (keep or cancel) -- Struck a chord..
Maybe it was already answered as part of the aforementioned  portions that were deleted?
If not I have question..

I am no where near the (10) Year threshold, but still have NOD's & appeals open on Ebennys.
When I was awarded 100% P&T with no future exams, I never gave the open appeals a 2nd thought..

I see NO redeeming reason to keep these appeals open...
More importantly--- freeing up (1) slot in this VBA lexicon for a more deserving Veteran, would give me joy..

If I am making a mistake, Please advise..

My VSO is diceased--- How would I cancell?
Peggy or can I do it on line via Vets.com/Eben?

Thank you,

DMT
100% P&T
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Nick
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Joined: 27 Feb 2011, 02:04

09 Nov 2017, 02:57 #12

When you have a VSO, you sign a power of attorney which actually appoints the veteran service organization (DAV, VFW,etc) as your rep.  You can use a different officer within that organization or appoint another organization.

You could withdraw the appeal in writing to the Regional office or to the BVA if your appeal is there. You would need to include identifying information to include the what specific disability claim you are withdrawing if there is more than one on appeal.

One of the concerns that some veterans have is that a review of thier file could result in a reduction of current ratings and, for that reason, do not want to take any action that could open the file for review.  In most instances, those fears are unjustified. We would be derelict if we did not mention the possibility but legitimate well grounded ratings and claims are seldom affected.

Papa smurf  has articulated some reasons for continuing an appeal.
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
Reply

Didmytime6369
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Joined: 17 Nov 2015, 16:07

09 Nov 2017, 03:16 #13

Nick wrote: When you have a VSO, you sign a power of attorney which actually appoints the veteran service organization (DAV, VFW,etc) as your rep.  You can use a different officer within that organization or appoint another organization.

You could withdraw the appeal in writing to the Regional office or to the BVA if your appeal is there. You would need to include identifying information to include the what specific disability claim you are withdrawing if there is more than one on appeal.

One of the concerns that some veterans have is that a review of thier file could result in a reduction of current ratings and, for that reason, do not want to take any action that could open the file for review.  In most instances, those fears are unjustified. We would be derelict if we did not mention the possibility but legitimate well grounded ratings and claims are seldom affected.

Papa smurf  has articulated some reasons for continuing an appeal.
The greatest gift we 'JOURNEYMAN' to this site ENJOY---has no limits or ending, thanks to YOU and other brilliant minds....

So Blessed!

Thank you Nick..

DMT
100% P&T
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