A quick question, concerning, DIC. If a veteran is Rated 100% for
eligible for DIC after 10 years??? It says totally disabling, if 100% PTSD is not totally disabling ,, well I just don’t know? I know this guy and he was a medic in 68 in Nam and he is IMHO totally disabled.
The rating of 100% doesn't care if the disabling condition is physical
health or mental health. 100% is 100% no matter.
So...the trick is then to determine whether he is 100% Permanently and
Totally disabled or if his total disability rating is a temporary assignment.
That 10 year clock starts ticking only for the permanent rating of 100%. How do you tell which is which?
On the award letter there will be a statement or two that tell the tale.
Look for "No future exams are scheduled". Every veteran has a "Future
Calendar". If the rating is temporary, VA believes that there is a great likelihood that there will be improvements and that the veteran will be rated lower than 100% due to improvements. So, in the Future Calendar it is noted that at 6 month or 1 year intervals, there are exams to be done. The rating is temporary.
If that award letter has a phrase like, "No future exams are scheduled", then VA doesn't believe there is any likelihood of improvement and no future exams are scheduled...the rating is permanent.
Just to keep it interesting, you may also see "Dependents are eligible
to apply for Chapter 35 DEA Benefits". To be eligible for C-35 benefits (education for dependents) one must be permanently and totally disabled. To tell the vet his dependents are eligible to apply is the same as telling him he's P & T.
Why don't they use plain English? What fun would that be?