How do I get the VA to change my rating to 100% T&P?

Question

Jim, I'm a 41-year-old retired soldier, with a 100% rating but not T&P.  I receive Social Security Disability check every month due to my service connected diagnoses.  I have 3-4 migraines a week that last more than 12hrs and other issues that prevent me from working. How do I get the VA to change my rating to 100% T&P?

Jim's Reply

In a nutshell, you wait for it. Every agency that I'm aware of that insures or otherwise compensates individuals for disabilities that prevent gainful employment agree that many disabling conditions may improve with time. The usual refrain is that they don't want to unnecessarily label a young person as permanently disabled. The goal is always to return the beneficiary to mainstream employment. The VA and the SSA use different methods to rate disability so we can't really compare them.

At age 55 it's generally agreed that the disabled person is not able to be reeducated to gain entry to gainful employment. Many of the temporary ratings we have will become permanent after age 55.

We generally recommend that you do not try to apply for a permanent rating. There isn't any defined pathway to apply for the P & T label and if you do apply the VA will open your file and conduct a review of every rating you have. Many vets who seek the P & T label are surprised when VA comes back to tell them they're lowering their overall rating.

You should attend each future exam as VA schedules them for you. After 5 years or more with no measurable improvement, VA has been known to surprise us and award a permanent rating to a veteran under age 55...almost as if they're just tired of seeing you. Be patient, let the VA process work and the rating will change in time.

 

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