“Today, I’m here to talk just a little bit about permanent and total status, what that may mean for an individual, and whether it’s obtainable or not. Many veterans do seek a P&T determination from the VA, and it can be a little nuanced as to how that comes about.
“My name is Joe Scott. I’m a VA-accredited attorney with Woods & Woods, a law firm that represents veterans and their eligible survivors for disability compensation benefits before the VA.
“Permanent and total status is not something that’s necessarily requested on a form itself. If a veteran is permanently and totally rated, that means that the VA has determined their total rating is not likely to change. They’re likely to be static disabilities that at least maintain their current level of severity. By nature of being permanent, the VA may need additional time to see if the condition has stabilized or whether it is subject to improvements. So, it may take a little while, frankly, for the VA to make that determination.
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“Total disability is a term the VA uses to say that you have reached what’s called the 100% schedular rating. There are higher levels of compensation through the VA available called special monthly compensation, but in terms of the numerical rating, (if you’re familiar with those, which are from zero to 100), the total rating is a 100% numerical or schedular rating.
“One reason veterans seek permanent and total status is that they’re concerned the VA may reduce or even sever the benefits they’re in receipt of, which does and can happen, unfortunately. So, a permanent and total rating is a good protection to maintain the consistent level of benefits you’re seeking. It doesn’t guarantee that the VA will just leave you alone, but it means that they’re not as likely to order follow-up examinations, or what’s called “proposals,” to reduce your benefits, which are what they sound like and where the VA seeks to reduce the rate you currently have.
“If you’re permanently and totally rated, it means you’re receiving the highest schedular rating compensation and that rating realistically would not change. Not all total conditions are permanent and not all permanent conditions are total. So, for example, there’s a benefit available to veterans who have service-connected disabilities who require convalescence or inpatient hospital care, which is called the temporary total rating. As the name implies, it is a total rating, meaning that you’re paid at the 100% schedular rate, but it’s not permanent. It typically lasts anywhere from one to six months. So, it is, as I said, a total rating, but it would not maintain throughout the course of a veteran’s life.
“Conversely, there’s also a situation of permanent, but not total, disability. That’s analogous to P&T, except it’s just at a lower schedule or rate. So, for example, if a veteran has loss of use of a limb or amputation of a limb that may not be totally disabling by the VA’s standards, but by nature of the injury, there’s no real possibility of it improving. So, the VA may find it to be less than total but still permanent.
“If you’re interested in learning more about that, whether you think you apply for permanent and total status, or if you can receive those additional benefits, follow the links in the description below. You can also look at our YouTube channel for additional information as to what benefits you may be eligible for or entitled to receive.”
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Joseph Scott
Joseph Scott earned a law degree from Valparaiso. He was an attorney at the Vietnam Veterans Association before joining the Woods & Woods team in 2020.
