What Does “Permanent and Total” Mean?
Under 38 C.F.R. § 3.340(b), a disability is considered permanent when medical evidence shows it is reasonably certain to continue throughout a Veteran’s lifetime.
A disability is total when it makes a Veteran unemployable or results in a 100 percent schedular rating under the VA rating schedule.
To qualify for a P&T rating, both criteria must apply:
- Permanent: No likelihood of future improvement.
- Total: The disability renders the Veteran unable to maintain substantially gainful employment.
How the VA Determines P&T Status
The VA reviews your medical records, age, and prognosis to decide if your condition is static or likely to worsen. Conditions such as loss of limbs, blindness, paralysis, or severe mental health disorders often qualify automatically.
Even if your condition is rated at 100%, the VA may still classify it as temporary unless the medical evidence confirms permanence. Younger Veterans may face additional scrutiny because the VA expects the potential for improvement.
The Difference Between “Total” and “Permanent”
| Type | Definition | Can Change? | Examples |
|---|---|---|---|
| Total Disability | Rated at 100% or qualifies for Individual Unemployability (TDIU) because you cannot maintain gainful employment. | May change if symptoms improve. | Recovery from surgery, PTSD remission. |
| Permanent Disability | Condition not expected to improve during lifetime. | Rarely changes. | Loss of limb, spinal cord injury, advanced cancer. |
| P&T Rating | Meets both standards above. | Protected from routine re-exams. | Amputation with unemployability, progressive neurological disease. |
Key Benefits of a Permanent and Total Rating
A 100% P&T rating unlocks several financial and lifestyle benefits beyond basic monthly compensation:
- ✅ No Future Re-Exams: The VA will not schedule future C&P exams for re-evaluation.
- ✅ CHAMPVA: Dependents may qualify for Civilian Health and Medical Program of the VA coverage.
- ✅ Chapter 35 (DEA): Dependents can access Dependents’ Educational Assistance benefits.
- ✅ Student Loan Forgiveness: Federal student loans may be discharged.
- ✅ Property-Tax Exemptions: Many states waive or reduce property taxes for P&T Veterans.
- ✅ Space-Available (Space-A) Travel: Eligibility for Department of Defense travel programs.
- ✅ Survivor Protection (DIC): P&T status can make it easier for surviving spouses to qualify for Dependency and Indemnity Compensation.
How to Get a Permanent and Total Rating
Review Your Current Rating Decision:
Look for phrases like “no future exams scheduled” or “eligibility for Dependents’ Educational Assistance (DEA).” These indicate permanence.
Submit a Written Request:
If your disability is total but not marked permanent, you can write to the VA asking for a P&T determination. Include medical evidence showing your condition will not improve.
Provide Supporting Documentation:
- Long-term medical records confirming static or worsening conditions.
- Statements from specialists confirming permanence.
- Employment records showing inability to maintain work.
Consider TDIU if Not 100% Rated:
Veterans with less than a 100% schedular rating may qualify for Total Disability Based on Individual Unemployability (TDIU) if their conditions prevent employment. In many cases, TDIU recipients can also obtain a P&T classification if their disability is deemed permanent.
How Much Is Permanent and Total Disability Compensation?
Compensation depends on your marital status and number of dependents. A 100% P&T Veteran receives the maximum monthly rate under the VA compensation table, and dependents may receive DEA or CHAMPVA benefits in addition. Because the rate is updated each year for cost-of-living adjustments (COLA), always check the most recent VA Compensation Rates page.
Can a Permanent and Total Rating Be Reduced?
While P&T status provides strong protection, the VA can only reduce it if:
- There is clear evidence of material and sustained improvement, and
- The improvement was verified through a thorough medical re-examination.
These reductions are rare and must follow strict procedural safeguards under 38 C.F.R. § 3.343.
Appealing a Denied or Incorrect P&T Decision
If the VA denies Permanent and Total (P&T) status or marks your disability as “temporary,” you may have several options:
- You may be eligible to file a Supplemental Claim with new or updated medical evidence.
- You might request a Higher-Level Review within one year of the VA’s decision.
- You could work with an accredited Veterans law attorney to ensure the record includes expert medical opinions and legal arguments supporting P&T eligibility.
At Berry Law, our attorneys—many of whom are Veterans—have helped thousands of clients pursue rightful P&T status and recover benefits lost through improper reductions.
Frequently Asked Questions About Permanent and Total VA Disability
How can I tell if my VA rating is permanent and total?
If your decision letter mentions “no future exams scheduled” or “Chapter 35 DEA eligibility,” your rating is likely P&T.
Can I get a P&T rating if I receive TDIU?
Yes. If the medical evidence shows your unemployability is permanent, the VA can designate your TDIU as Permanent and Total.
Do I need to re-apply for P&T each year?
No. Once granted, a P&T rating remains in place unless the VA proves sustained improvement.
What benefits do my dependents receive under P&T?
Dependents may qualify for CHAMPVA healthcare, Chapter 35 education benefits, property-tax exemptions, and potential DIC eligibility after the Veteran’s death.
Can I appeal if the VA denies my P&T request?
Yes — Veterans may have the option to appeal the decision or submit new evidence through the VA’s review process. Working with an accredited Veterans law attorney can help ensure the appeal is properly documented and supported by strong medical and legal evidence.
Contact Berry Law
If you believe your disability is both permanent and total—or if the VA has denied or reduced your rating—Berry Law can help. Our team of Veterans law attorneys has decades of experience representing Veterans nationwide before the VA, BVA, and CAVC.
📞 Call 888-883-2483 or visit our website for a free case review.
We’re Veterans serving Veterans—helping you secure the benefits you’ve earned.
