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P & T Can surviving spouse request P & T


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Question

After my husband died, I finally won (after a long fight) to get my husband 100% rated disability. Can I have this changed to P&T? There is no way he is getting better. Can the VA take away the 100% rating if I try to get P&T. I asked the DAV for help but they did not know the answers. 

Thanks for the help.

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Sorry for your loss.

That is what happened to Berta...the VA "alleged" he was not P and T "after" he died.  Crazy.  Im not sure how that worked out, maybe she will chime in.  

Yes, you can appeal the "temporary" rating.  I think you should either file a NOD, or maybe a Cue.  Its obvious he didnt get better. 

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One more question: Since my husband is dead, if I contact the VA to re-evaluate my husband's temporary 100% rating to P&T, is it possible that the VA could downsize him?

Thank you for your help.

 

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You will need his  medical records  and for them to show his condition met the disability rating criteria before his death.

   if he had a condition that was servere and was not expected to improved within his life time   then you may  have a case to make him P&T.

  But with him deceased it may make it hard for you to prove he had a disabling condition that was not expected to improve in his life time?   so check his records out to see if any of his Dr Quoted that  that is in his records. ect,,,ect,,,

 

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Thank you so much for your help. In 2015 my husband was diagnosed with a rare form of bone marrow cancer caused by chemicals that were poured over him and he worked with. The doctors told him he only had 1.6 years to live, he died in 2017. I will not fight for P&T. After years of fighting the VA, I am tired and very happy I won.

Thank you for all your help.

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