What does being 100 percent permanent and total mean, and what benefits are you entitled to?
This article is about the VA rating called 100% Permanent and Total. When a Veteran separates from the military, they can submit for the VA Disability Compensation Pay, and the Veterans Affairs will assess the Veteran’s situation to determine a disability rating which equates to a monthly payment. Additionally, this disability rating can make the Veteran eligible for a number of additional benefits.
What is VA Permanent and Total Disability 100%?
Also referred to as P&T, this status of disability refers to veterans whose disabilities are total (rated 100% disabling by VA due to service-connected disabilities or if their service-connected disability makes them unemployable (38 C.F.R. § 4.15)) and permanent (zero or close to zero chance of improvement). To be considered for P&T status, the law (38 U.S.C. § 3501(a)(8)) requires veterans to have a “total disability permanent in nature.”
It’s important to differentiate Permanent and Total (P&T) with veterans who can have a total disability that’s temporary or a permanent disability rated less than 100% because service members with these statuses might not be eligible to receive the same benefits as a service member who is classified as P&T. A Veteran rated at 100% that is not P&T will receive the same monthly disability payment as a Veteran rated at 100% P&T, however, might not be eligible for the same additional benefits.
What does “total” mean?
Veterans’ disabilities are rated based on the VA’s Schedule of Rating Disabilities. These rating levels for each type of disability are based on how much the residuals of said disability impair your ability to function in life and at work. A 100% rating indicates that your disability is completely, or “totally,” disabling.
Total disability can also be assumed to exist when the average person would be unemployable with the respective Service Member’s medical conditions.
What does “permanent” mean?
VA deems a disability “permanent” when it is reasonably certain, based on medical evidence, that the level of impairment will continue for the rest of the Veteran’s life. The law (38 U.S.C. § 3501(a)(8)) requires the disability to be “based upon an impairment reasonably certain to continue throughout the life of the disabled person.” For this reason, VA is allowed to take age into account when determining whether a disability is permanent and it can be more difficult for younger Veterans to be considered permanently disabled.
What benefits are Entitled at 100% P&T?
It’s important to note that other disabilities may receive these benefits, but the benefits listed below are what 100% P&T rated Service Members can receive.
a. No more Compensation and Pension (C&P) examinations (with some exceptions); P&T ratings are protected from being reduced and since the VA does consider them permanent, they will not require further C&P exams to assess your current medical conditions unless the Service Member requests a relook.
b. Property tax exemptions (depending on the state the Veteran resides in)
c. Dependents Education Assistance (DEA) program (spouse and kids)
d. Free healthcare with VA and Free Dental Care
e. Free Hunting and Fishing license for Federal Parks
f. CHAMPVA Health Insurance for dependents
h. Government Life Insurance (VGLI) despite injury
i. Discharge of a student Loan
j. Veterans Health Identity Card (VHIC) allowing access to military bases, recreational, and shopping
k. Possible free life insurance policy from the VA
What is the process for applying for 100% P&T?
a. No formal application process
b. If you are 100% and if your disability is unlikely to improve, that is a static disability. If the majority of your disabilities are static, the rater who is deciding your case can decide to rate you as permanent and total.
c. If your rating documents say that your condition is likely to improve, frequently you will have a date for your next C&P exam on your documents. You can’t get a permanent and total rating until your disabilities become static.
d. If after multiple examinations your disabilities don’t improve, the rater can give you a permanent and total rating.
e. Submit a statement to your regional office, normally they order a C&P exam to reevaluate all disabilities. They can determine one of three outcomes: a permanent and total rating, the same rating, or a decreased rating. Consider checking medical consulting in order to verify disabilities through the 38-CFR.
f. You can request a permanent and total status with a letter from your provider and their recommendation that it is unlikely that your medical conditions will improve.
g. Enlist help from VA accredited disability attorney to request permanent and total status by sending in a legal brief requirement for the VA to evaluate their condition.
Can your permanent and total rating be taken away?
a. If you file an appeal, and the VA reassesses your situation, then the VA could possibly change your rating.
b. If the VA suspects or determines fraud, they can change your rating.
Useful Links
a. Benefits link PDF: https://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf
b. How to file a disability claim: https://www.va.gov/disability/how-to-file-claim/
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