Switch to 100%p&t from 100%/100%nonp&t?maybe?

[Jared Lee]

If I am wrong in any of this please correct me.. I am still learning all this VA bs


Background: 100% Army 100% Va for 8911

How do I get/switch to 100 % p&t? My injury was 04 (tbi/coma) then aggravated by combat in 08 (head injury (resulting in GrandMal Seizure and other seizures from /LOTS of indirect fire/blasts & again in 2011). I was MEB’d end of 2013. MY injury/condition/whatever u want u call it hasn’t changed( it cont’d to get worse as time went on in the Army). The VA put on my award letter that there will be a future exam (they don’t really do shxt, or give exams or see me. If I see any VA person they are like “are u still having them (seizures) all the time” and I am like “yup”. Don’t get me wrong I love the fact that I am 100% and I am grateful .

--This is how I know I am not P&T

We have assigned a 100 percent evaluation for your epilepsy, psychomotor based on:

o Averaging at least one major seizure per month over the last year

This is the highest schedular evaluation allowed under the law for epilepsy, psychomotor.

A future exam will be scheduled to determine if the condition improves with medication control.

Of note, there was no evidence of incompetency. Individual Unemployability was not considered

as this condition was evaluated at 100 percent. Chapter 35 is not warranted at this time due to

pending future exam.

 

[scoutCC]

In theory, you can appeal anything in the award letter. Permanent is based on a need for a future exam. So you'd need to do a NOD to state your disagreement about a future exam. I have looked for examples of someone doing this and I have not been able to find anything. Looking over the regs I can't find much about future exams, except that it seems to be entirely up to the whims of the RO.

I sent in a NOD for mine, asking why they think its not permanent when the Army did and stating that nothing in my record indicates that any treatment plan is likely to improve my condition to below the 30% level (I'd still be at 100% if it drops to 30%). I have not received a reply or statement of case yet.

Permanent doesn't add much, if its simple peace of mind I don't think the process of an appeal is likely to be worth it. There is some legitimate worries about filing a NOD when at 100% due to stories about that triggering a drop in ratings and the process of fighting that is just extra headaches. Only reason I filed is because I have a kid who could use the chapter 35.