Survivors of 100% P & T veterans

[Berta]

If your VARO, like mine, tries to get you to believe that your deceased spouse's disability of 100% P & T was NOT Permanent when he/she died, use this excerpt from the BVA to support the P status of their 100% P & T award.

“Entitlement to a permanent total disability rating requires a Veteran’s disability to be both permanent and total. 38 C.F.R. § 3.340. Pursuant to VA regulations, a total disability may be established in two ways.

First, total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful

occupation.  38 C.F.R. § 3.340(a)(1).  Second, a total disability may also be assigned where a Veteran’s service-connected disabilities

are rated 100 percent disabling under the rating schedule. 38 C.F.R. § 3.340(a)(2). Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person.  38 C.F.R. § 3.340(b). Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling     when the probability of permanent improvement under treatment is remote. Id. The age of the disabled person may be considered in determining permanence. Id.”

Source: Board of Veterans Appeals   

https://www.va.gov/vetapp18/files6/18107434.txt

 

My husband was rated (posthumously) 100% P & T for a 1151 stroke.Aug 1992 to Oct 1994.

His death cert revealed it contributed to his death as well as his autopsy clearly defined the 6 areas of Brain trauma he had.He was declared 100% P & T by numerous entities to include the VA for the major stroke he had-caused by the VA itself ( 1151 and part of my FTCA case)

This was not an issue when they awarded him, posthumously, 100% P & T for his SC PTSD.

The regulation above states" The age of the disabled person may be considered in determining permanence. Id.”

My husband was 45 when he had the stroke. A VA doctor , opining on his MRI, in his medical records, assessed the amount of significant brain atrophy  as "highly unusual" for someone of his age.That is because the VA misdiagnosed multiple TIAs ( transcient ischemic events due to clotting of blood) leading up to the major catastrophic stroke.

 

I hope no other survivor of a veteran has to deal with the extraordinary level of  incompetence of my VARO. (Buffalo)

I still believe they have targeted me because I proved two VAMCs killed him.(FTCA/1151)