Question:
Dear Jim, I'm a 100%-rated AF Vet, and my award is dated from 2012. I am also on SSDI, and I know that does not automatically qualify for P&T. There has been an appeal on the docket for the VA Board of Appeals since 2014, and since I'm already 100%, there's no priority. (I'm 46,700 out of 160,000 on the docket.) So, they won't get to me anytime soon, in fact it could be years before they get to my appeal. It's already been 5. A previous letter from the VA from 2017 said they were going to consider me for P&T...and nothing has happened since. Last year, the VA discovered new evidence to support that appeal and I sent it in to the VA and requested review for P&T. The VA responded and said the info was forwarded to the board, but that new info is not reflected on my appeal when I log in to check the status - (it shows everything else that has been submitted). It's been exactly a year since I sent in that additional info and haven't heard anything else. My conditions are not going to improve. Should I send it again, complete the original letter, and another request for review? Can I request the appeal be withdrawn in order for the VA to consider my file? Lastly, how long do I need to be rated at 100% (scheduler) before my rating would be eligible for P&T? Thank you very much for your time.
Jim's Reply:
Permanence of a 100% rating usually depends on 2 factors. Age is first...if you are under age 55 and rated with a mental health condition, you may well wait until age 55 to see a permanent rating. Of course, the 2nd qualifier is mental health...a 100% mental health rating or a mental health rating that contributes to an overall 100% rating may also hold everything up until age 55. I don't understand how you have a letter from VA saying they will consider you for P & T since there is no formal process to ask for such a thing. Most often permanence comes when an examiner recommends it during a C & P exam, not before.