How to Get 100% Total and Permanent Disability from the VA

As a disabled veteran of the United States Armed Forces, you may be eligible to file for disability benefits with the Department of Veterans Affairs (VA). The amount of disability benefits you receive each month will be based on the type and severity of your disability and how much it interferes with your daily life and well-being. Typically, if you are given a “permanent and total disability rating,” you will have certain protections to your rating.

What is a Permanent and Total Disability Rating?

A permanent and total disability rating (also known as P&T) is a combination of both types of disabilities recognized by the VA:

• Total disability: A veteran who has a disability rating of 100% is considered to have “total disability” and is not expected to be able to find or maintain gainful employment in any capacity due to a “service-connected” disability. Veterans with 100% total disability can have one disability with a 100% rating or multiple disabilities with percentages that combine to be 100%. There are some situations where a Veteran at less than 100% can still be P&T.
• Permanent disability: A veteran who has a disability that is not expected to improve over their lifetime is considered to have a “permanent disability.”

If you have a 100% disability rating and it is not expected to improve with time or medical treatments, then you could be assigned a 100% permanent and total disability rating by the VA. As such, you can be exempt from any future medical examinations to adjust or reapply your rating. With this exception in place, if you receive a permanent and total disability rating, this is a powerful protection to your rating as a Veteran.

What Does the VA Look for When Determining Permanent and Total?

While many Veterans seek a Permanent and Total rating, there is no official application form for this. Instead, after you receive a rating, the VA will determine if you are Permanent and Total based on the evidence in your file and VA regulations. You can still point out on your application or appeal forms that you believe your disabilities, if service-connected, should be considered Permanent and Total.

Factors to consider for Permanent and Total Disability Benefits

1. Total Disability – If you have less than a 100% rating, does the record show that you cannot work in a substantially gainful occupation?
2. Historical considerations – If a rated condition at one point showed medical improvement, have you recently been hospitalized or incapacitated to the point that you cannot adjust to a substantially gainful occupation?
3. Flareups – Does your rated condition cause severe, frequent, or prolonged worsening of your condition?

How Do You Know if the VA Determined Your Rating to be Permanent and Total?

If you are eligible for permanent and total disability benefits, you should be notified in writing through a “VA Rating Decision” notification letter. You may see it phrased as “Basic eligibility to Dependents’ Educational Assistance based on permanent and total disability is established” from a certain date forward.

What Are Other Ways to Protect Your Rating if You Are Not Found Permanent and Total?

One of the most common ways for a rating to be decreased is when a Veteran asks for a rating increase on a rated condition. Depending on how long you have been rated for the condition and other factors, the VA can reduce your rating when you ask for a rating increase. Therefore, if you do not ask for a rating increase, the chances that the VA will review your rating goes down. This is not true in every case, but it’s helpful to keep this in mind when considering requesting a rating increase.

What Are TDIU Benefits, and How Can They be Considered for Permanent and Total?

Total disability based on individual unemployability (TDIU) benefits are available to veterans with certain disabilities rated less than 100% but prevent them from working at substantial levels. If granted TDIU, a Veteran will receive compensation at the 100% rate, despite their rating being less than 100%. A finding of TDIU also strongly suggests that Permanent and Total will be granted as well.

NOTE: An application for TDIU benefits is also considered a request for rating increase on every service-connected condition that you list on the TDIU application (VA Form 21-8940). Therefore, requesting TDIU can also subject a Veteran to a rating decrease. When deciding whether to apply for TDIU, you should also consider how long you have been rated for a condition amongst other factors. Speaking with a skilled representative can help you make this assessment.

Learn More About Permanent and Total Disability Ratings Today

It can be challenging to know what disability benefits are available to you based on your health conditions and ratings. It can also be a confusing procedural process to establish if you are Permanent and Total or to appeal a possible rating reduction. It is important to consult with a skilled and accredited VA representative who can advise your options. At Affleck & Gordon, we are lucky to serve the brave military service members who represent the strongest of our country in all branches of the Armed Forces.

Call (404) 990-3945 or contact us online if you have any questions about getting VA disability benefits.