Question:
Dear Jim, I’m a 42yo 100%-rated disabled Veteran, scheduler, with my award dated from 2012. (Most of my disabilities date back to 2003, when my rating was originally much lower.) I’ve had an appeal at the Board of Appeals since 2014, and looks like it’ll still be there a few more years based on the docket number. My conditions are not likely to improve, so I’m not as concerned about the VA opening my file at this time. A VA letter from 2017 stated that Chapter 35 benefits would be considered after an upcoming exam, regarding an issue that is still in the appeal from 2014. Is there a general time-frame a Veteran needs to be rated 100% scheduler before it becomes (or likely to become) P&T? I’ve read 5 years and not sure how true that is. It’s already been 7 in my case. Also, I sent in additional evidence to support my appeal exactly a year ago and haven’t heard anything from the VA. Should I resend this info? The appeal could take several more years. Is it possible—and would it make sense—to “withdraw” my appeal, which would allow the VA to move forward with P&T consideration? Thanks for your time.
Jim's Reply:
There is no pathway, no application form or guidance to seek permanence of a particular rating. As a general reference we can safely say that veterans who are younger than age 55 and who have mental health ratings are very unlikely to be adjudicated as permanently disabled. Since you're already rated 100% (temporary) and you have an appeal in to the BVA, I'd have to guess that taking any action at all is likely to upset the timeline for an appeal even more than it already is. Were I you, I'd do nothing until the system has resolved everything you have going on today and then consider your next steps carefully.