A single war veteran has raised questions about his permanent and total (P&T) or 100% disability recognition from the Department of Veterans Affairs (VA) sends ripples across veteran communities nationwide. “Has anyone else heard this?” he asks in a hushed, uncertain tone, his post tucked within the threads of a veterans’ forum.
100% disability refers to the rating given by the VA when a veteran’s service-connected conditions results in total disability meaning they are deemed completely unable to maintain gainful employment due to their conditions. This rating could be temporary or subject to future reviews.
Permanent and Total (P&T) disability, however, is a classification indicating that the disability is both complete and unlikely to improve. Veterans granted P&T status enjoy certain protections and benefits which includes:
Exemption from future VA reexaminations.
Eligibility for Chapter 35 education benefits for dependents.
Priority healthcare benefits.
Potential state-level tax and tuition waivers.
Many veterans are rated 100% but not P&T. Others may be labeled P&T without knowing it explicitly, especially when not properly informed by the VA or if the documentation isn’t clear.
Factors that contribute to misunderstanding of VA ratings.
Several factors contribute to misunderstandings around VA ratings and they include:
1. Miscommunication by VA Representatives: VA phone reps are not always rating specialists. While they have access to files, their interpretations may lack nuance. Veterans have reported receiving contradictory information from different reps and this is a troubling yet not uncommon occurrence.
2. Documentation Language: The VA’s disability rating letters can be vague. The key indicators of P&T are phrases such as:
“You are considered permanently and totally disabled.”
“No future examinations are scheduled.”
In contrast, a letter that lists a 100% rating without those statements likely means the rating is temporary or subject to future reviews.
3. Time Does Not Equal Permanence: Even if a veteran has held a 100% rating for years, this does not automatically mean the rating is permanent. The VA typically avoids changing ratings after five years of stability, and after twenty years, they become protected. However, these protections don’t automatically imply a P&T designation.
4. Changes in Policy or Internal Systems: Occasionally, system updates or procedural changes can lead to clerical errors or reinterpretation of past decisions, causing discrepancies in veteran files.
Steps to take to confirm P&T rating
Here are practical steps to confirm your P&T designation:
1. Check Your VA Benefits Summary Letter (also called “Benefits Verification Letter”):
- Log in to your VA.gov account.
- Under “Records,” select “VA Letters.”
- Open your Benefits Summary and Service Verification Letter.
Look for language such as:
- “You are considered permanently and totally disabled.”
- “No future examinations are scheduled.”
If those phrases are missing, your rating might not be P&T.
2. Review Your Rating Decision Letter: This document, sent when you were first granted 100%, provides context on whether the rating is considered permanent. Look for terms like “permanent in nature” or “no likelihood of improvement.”
3. File a FOIA Request or C-File Request: Veterans can request a copy of their entire claims file (C-File), which contains all communications and decisions related to your disability.
4. Contact a VSO Veterans: Service Officers’are trained to interpret VA documents and can request clarifications or corrections on your behalf.
5. Submit VA Form 21-526EZ: If your condition has worsened or you believe your rating should be upgraded to P&T, this form allows you to file a claim for increased evaluation.
