How to Get a 100% Permanent and Total (P&T) Disability Rating
As a veteran seeking the benefits you’ve earned, understanding how to obtain a Permanent and Total (P&T) disability rating from the VA is mission critical. A P&T rating provides not only peace of mind knowing that your disability rating is secure for life, but also offers some amazing 100% VA disability benefits that can significantly impact your financial stability and quality of life. In this blog post from VA disability expert Brian Reese, he’ll guide you through what a P&T disability rating is, key terms defined, the steps to achieve it, and why it’s so important.
What is a 100 Percent Permanent and Total (P&T) VA Rating?
100% Permanent and Total (P&T) disability in the VA system refers to a specific status where a veteran’s disabilities are both permanent and total. These terms, though often used together, have distinct meanings and implications:
What is a Permanent VA Rating?
This implies that the disability is long-lasting and unlikely to improve over time. The VA considers a disability permanent when it is reasonably certain that the condition will persist throughout the veteran’s life. A permanent disability is also considered “static” by the VA.
Pro Tip: You can see which disabilities are “static” by getting a copy of your VA rating code sheet.
What is a Total VA Rating?
This refers to any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. In other words, the impairment makes it difficult for the veteran to maintain a good job.
Pro Tip: There are no income restrictions for veterans with a 100% P&T rating. You can have a 6-figure plus income and be gainfully employed and it won’t affect your P&T status.
Examples of The Difference Between Permanent and Total VA Disability
It’s crucial to understand that “Permanent” and “Total” are not interchangeable. They represent different aspects of a veteran’s disability status. For example:
- A veteran can have a Permanent disability that is rated less than 100%, such as PTSD rated at 70%, which is considered static and unlikely to improve, but does not meet the criteria for a total disability.
- Conversely, a veteran can have a Total disability that is temporary, such as after undergoing a total knee replacement. Eligible veterans will receive a temporary 100% VA disability for knee replacement for the first 4 months post-surgery and then will be re-evaluated.
- Veterans can also be classified as both Permanent and Total (P&T), which is the highest level of disability rating. This status provides the most extensive benefits, ensuring that the veteran receives compensation for the rest of their life without the need for future evaluations or reexaminations.
When you are awarded a P&T rating, it indicates that your disability is both 100% disabling and that it’s unlikely to ever improve. This designation is crucial because it locks in your benefits, often protecting them from future reduction or review. It also unlocks a ton of additional veteran benefits.
Steps to Obtain a 100 Percent Permanent and Total VA Disability Rating
Achieving a P&T rating can be a straightforward process if you understand the key steps involved:
Document Your Condition Thoroughly
- The foundation of any successful VA disability claim is comprehensive medical evidence. Your medical records should detail the history, severity, and prognosis of your condition. A condition is more likely to be considered permanent if it has persisted for a long time without improvement or if medical professionals believe it will not get better. This is called a static VA disability.
- If your condition has required multiple treatments, surgeries, or prolonged care with no significant improvement, these records can support your claim for a P&T rating.
Seek a 100% Disability Rating
- To qualify for P&T, you first need to achieve a 100% disability rating. This can be either through a single service-connected condition or a combination of conditions that result in a total rating under VA’s combined ratings table.
- It’s crucial to understand that getting to 100% can be challenging, especially if your disabilities are rated less than 100% individually. However, with the right medical evidence and advocacy, it’s possible to reach this level.
Request Permanent and Total (P&T) Status
- Once you have a 100% rating, you can request that the VA consider your condition as permanent and total. Your request should be supported by medical opinions indicating that your condition is unlikely to improve.
- Doctors often write in their evaluations whether a condition is likely to improve or whether it is stable and permanent. If a VA doctor has stated that your condition is “static” or “not expected to improve,” it strengthens your case for a P&T rating. It helps to have private medical evidence to support your request for a 100% P&T rating.
Understand the Automatic P&T Designation
- In some cases, the VA will automatically assign a P&T rating without the need for a specific request. This is often the case for older veterans or those with severe conditions that are obviously permanent, such as terminal illnesses.
- If your disability is severe and the VA determines that your condition will not improve, you might automatically receive a P&T rating. Always review your rating decision letter carefully to see if the VA has included a P&T designation.
Appeal If Necessary
- If the VA grants you a 100% rating but does not mark it as permanent, you can appeal the decision. You’ll want to gather additional medical evidence, submit a Supplemental Claim, and argue for why your condition should be considered permanent and total.
Why Is a P&T Rating Important?
Securing a P&T rating is critical for several reasons:
Low Risk of a VA Rating Reduction: A P&T rating largely shields you from the risk of future rating reductions, which can occur if the VA believes your condition has improved. With a P&T rating, you can be confident that your benefits will not be decreased through a Routine Future Evaluation (RFE). Note: it is still possible for the VA to decrease a 100% P&T rating although it’s rare.
Additional Benefits: Veterans with a 100 percent P&T rating are eligible for additional benefits, including:
- Dependency and Indemnity Compensation (DIC): The VA’s DIC program provides tax-free monetary support to the surviving spouse, children, or parents of a service member who died in the line of duty or from service-related injuries.
- Dependents Educational Assistance (DEA): The VA’s Chapter 35 program provides up to 45 months of education benefits for the dependents of 100% disabled veterans. These benefits can be used for college degrees, vocational training, apprenticeships, and other approved educational programs. The program also includes career counseling to help dependents make informed educational and career choices.
- CHAMPVA Healthcare for Dependents: CHAMPVA provides free civilian healthcare coverage for dependents of 100% permanently and totally disabled veterans. It covers essential services such as hospitalizations, outpatient care, and prescriptions, significantly reducing healthcare costs for the family.
- Expedited Social Security Disability Processing: Veterans with a 100% P&T disability rating receive expedited processing of their Social Security Disability claims, reducing wait times for benefits.
- Total and Permanent Disability (TPD) Discharge for Federal Student Loans: Veterans rated 100% disabled by the VA can have their federal student loans discharged through the TPD discharge program, relieving them from repayment responsibilities, with no tax implications on the forgiven amounts.
- 100 Percent Disabled Veteran Property Tax Exemptions: Most states offer property tax exemptions for 100% disabled veterans, reducing or eliminating taxes on their primary residence. The benefits vary by state and can result in substantial annual savings.
Final Thoughts
Securing a Permanent and Total (P&T) disability rating is a significant milestone for any veteran. It not only guarantees lifetime benefits but also provides financial and healthcare security for your family. The process can be complex, but with thorough documentation, the right medical support, and sometimes a bit of advocacy, you can achieve this rating.
Remember, if you believe your condition qualifies for a P&T rating, don’t hesitate to take action. Whether you’re filing a new claim or appealing a decision, being proactive and informed is the key to securing the benefits you’ve earned. You served our country; now it’s time to ensure you get the support you deserve.
Permanent and Total VA Disability: Frequently Asked Questions (FAQs)
What is a Total and Permanent (P&T) VA Disability Rating?
A Total and Permanent (P&T) VA Disability Rating is a designation given to veterans whose disabilities are both “Total” and “Permanent.” “Total” means that the disability is severe enough to render the veteran unable to engage in substantially gainful employment. “Permanent” means that the disability is expected to last for the remainder of the veteran’s life without significant improvement. Veterans with a P&T rating are entitled to additional benefits, and their rating is protected from being reduced in the future.
How is “Total Disability” Defined by the VA?
Total disability is defined by the VA as a condition or combination of conditions that make it impossible for the average person to engage in substantially gainful employment. This could include physical or mental impairments. It’s important to note that a “Total” disability rating can be temporary, such as after a surgery that temporarily disables the veteran.
What Does “Permanent Disability” Mean?
Permanent disability refers to a condition that is expected to continue for the veteran’s lifetime with little or no likelihood of improvement. For a condition to be considered “Permanent,” the VA must be reasonably certain, based on medical evidence, that the condition will not improve over time. This determination can be more difficult to obtain for younger veterans, particularly those under the age of 55.
Can a Veteran Have a Total Disability Without It Being Permanent?
Yes, a veteran can have a “Total” disability that is not “Permanent.” For example, a veteran may be rated 100% disabled temporarily due to a total knee replacement, but the condition may improve over time, and the rating could be reduced. Conversely, a veteran may have a “Permanent” disability, such as sleep apnea, rated less than 100%, and this rating is unlikely to change over time.
How Can I Check My P&T Status?
You can check your Permanent and Total status by reviewing your VA Rating Decision Letter, which is sent via regular mail. Additionally, you can log into your VA.gov account and review your Benefit Summary and Service Verification Letter. Look for the section that says, “you are considered to be totally and permanently disabled solely due to your service-connected disabilities.” It will either be checked yes or left blank.
Can I Request to Be Rated 100% Permanent and Total?
Yes, veterans who believe their disability is both Total and Permanent can request this designation from the VA. This can be done by writing to the VA Regional Office and providing medical evidence that shows the condition is unlikely to improve. Veterans can also request a permanent and total VA rating when filing a new claim on VA.gov. Add a new condition called “Request for 100% P&T Status” and be sure to upload medical evidence showing your disabilities meet the VA’s definition of permanent and total. It helps to have your doctor or other private medical professional write a letter on your behalf explaining why P&T status should be granted.
What Happens If My Request for 100% P&T Is Denied?
If the VA denies your request for a Permanent and Total disability rating, you can appeal the decision. This process involves submitting additional evidence, such as medical records or a nexus letter from a healthcare provider, to support your claim that the disability is permanent and totally disabling.
What Is the Difference Between TDIU and P&T?
Total Disability Individual Unemployability (TDIU) allows veterans who can’t work due to service-connected disabilities to receive the 100% VA disability compensation pay rate, even if their combined disability rating is below 100%. However, TDIU is not always permanent, as the VA may re-evaluate the veteran’s condition over time. Permanent and Total (P&T) status is granted when the VA determines a veteran’s condition is both completely disabling and unlikely to improve. Unlike TDIU, P&T status protects the veteran from future re-evaluations, ensuring lifelong benefits. Veterans with TDIU may eventually be granted P&T if their condition meets the definition of permanent and total.
I’ve Heard That Once I’m Deemed 100% Permanent and Total, I Should Never Open a New Claim. Is This True?
It’s important to be cautious when considering filing a new claim after receiving 100% Permanent and Total (P&T) status. While P&T generally protects you from routine re-evaluations, filing a new claim can trigger a review of your entire disability rating, which might lead to a reassessment of your existing conditions. This carries the risk of having your rating reduced if the VA determines that your condition has improved. However, there are valid reasons to consider filing a new claim. If you develop a new service-connected condition or if an existing condition worsens, pursuing a claim could help you secure additional benefits. For example, if you believe you qualify for Special Monthly Compensation (SMC) due to the severity of your disabilities, it might be worth filing.
Can the VA Reduce a 100% Permanent and Total Disability Rating?
Yes, the VA can reduce a 100 permanent and total disability rating. Every VA disability rating, whether it’s deemed P&T or not, can be reduced by the VA for a variety of reasons. Here’s four scenarios where a Permanent and Total disability rating can be taken away or reduced:
- Your 100% P&T rating was based on fraud.
- If you have a 100% P&T rating but open a new claim for compensation to include Special Monthly Compensation (SMC), the VA Rater can potentially see that one or more conditions have gotten better, have it re-evaluated, and subsequently reduced. This can happen if your disability conditions are not static.
- If you have a 100% P&T rating but open a new claim for a Specially Adapted Housing (SAH) or Special Housing Adaptation (SHA) grant, it will automatically trigger a C&P exam for the increase. Your disability conditions could be subject to a re-evaluation, especially if they aren’t static. If your disabilities are static, this scenario is unlikely to occur.
- A Clear and Unmistakable Error (CUE) for the original 100% P&T rating is found during a VA Quality Review.
About the Author
Brian Reese is a leading VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Frustrated with the VA claim process, Brian founded VA Claims Insider to help disabled veterans win their VA disability compensation faster. He has served over 10 million military members and veterans since 2013. A former Air Force officer, Brian deployed to Afghanistan in 2011. He is a Distinguished Graduate from the U.S. Air Force Academy and holds an MBA from Oklahoma State University, where he was a National Honor Scholar.
