Need a permanent rating for additional benefits

Question:

So I was given 90% rating by VA in 09 for PTSD and Spinal injury. In 2013 I submitted for an increase and was raised to 100% when my issues were interfering with work and school. In 2017 I submitted for Permanent because my therapist suggested it, I was given another 30% for other medical issues, but was still not given permanent. Now my child is in college and I wanted to try to get a gov job so that I could help him so I applied for Voc Rehab and they stated I was not eligible at this time because of my conditions and thus not suitable for work, so I should apply for UI.

I am really upset because if, I was permanent, my son could get help with school but I am not even though I have had 100% for 7 years and don't get any C&P exams anymore. UI really isn't going to do much to help us out. On disability, I am locked into a pay grade that is below what I could be making based upon my skills and training. This all seems really screwed up to me. I mean how is it right that I have to wait til I am 55 before I can get P & T? I mean by that time It will not even matter because my child will have finished college or be too old etc. I mean this seems like a loop hole to screw people out of benefits they should be getting. Is there anyway to get this changed? I mean I am sure I am not the only one finding myself in this position.

Jim's Reply:

"Is there anyway to get this changed?" 

The rules & regulations that govern veterans benefits are derived from the laws that are promulgated by Congress. If you don't like the way a particular rule, regulation or law works you can petition Congress to have it changed.

You are correct that you aren't the only one under age 55 with temporary 100% ratings that won't provide family benefits because of the lack of permanence of the 100% rating. I agree that it doesn't seem right to deprive you of those benefits.

However, that's the law and to change it is a difficult process. In many cases I find that veterans who ask the C & P examiner to recommend permanence are successful. Otherwise, it appears that you'll be deprived those benefits and there just isn't much to be done.

 


Source URL: https://www.statesidelegal.org/need-permanent-rating-additional-benefits