Question:
I have received my VA service-connected disability rating of 90%. I am satisfied with that, but am having some difficulty understanding the education benefits associated with it. I am attempting to enroll in the Virginia VMSDEP program in order to get tuition waivers for my spouse and child. Apparently, the Virginia statutes require 90% permanent disability (or greater) to qualify. My benefits letter says “Are you to be considered totally and permanently disabled? No” Yet all my conditions are chronic and will never go away. It does not say anything on my benefits letter about temporary conditions or additional required medical exams. It is confusing because the VMSDEP website has check boxes for “90% permanent” and “90% temporary”. I feel my disabilities are permanent, but I also feel I should be able to prove it easily enough with a benefits letter. That letter does not specifically say “permanent”. How do I know if the VA has rated my disabilities as permanent? How can I get proof of that?
Jim's Reply:
Unless stated otherwise (future exams are scheduled), benefits under 100% are considered to be permanent by VA. You are not "P & T" (Permanently & Totally disabled) because your ratings are not 100% or totally disabled.
I'm looking at requirements https://www.dvs.virginia.gov/education-employment/virginia-military-survivors-and-dependents-education-program-2-2-2 and it appears to me that you are likely eligible for the benefit at a 90% rating so no worries there. The higher standard to meet is the requirement that all ratings come from combat or terrorist activities.
In any case, it appears they'll make a determination by pulling your VA records (with your consent) to see if you meet the combat, etc., requirements and if you're good there you should be good to go.
Good luck.