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VA P&T Disability 100% permanent and total

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Mekuted235

Question

Do i need to file a claim for the PACT ACT, being i was exposed to a nuclear testing back in 1973 where i could see my bones also exposed to mustard gas chamber with no mask and have so many skin issues. or being i am at 100% do i just ignore filing for the PACT ACT

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They will never come and just offer it.  You must file a claim for them to come and look at it.  

I would say you need to see if you want to go after SMC level pay if you feel you qualify for it.

If you have conditions they would not rate back then, then I am sure you should put in for it.  Make sure you highlight in the records if you were seen for it and when you were seen for it.  Not sure they will do anything with it, but it worth showing them and having a record of it.

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@Mekuted235It depends on the circumstances. I had a lot of claims on appeal for more than five years and my docs had opined repeatedly that they were not likely to improve. Once I won my appeal, I was granted my claims back to the date I filed and they seemed to automatically grant me P&T. Of course, the letter did not come out and state that. However, it did say my dependents were eligible for Chapter 35 DEA and CHAMPVA medical, which means you were granted P&T. If you have been 100% for more than five years, it might be a good idea to consider SMC potential or file for it, per @shrekthetank1

Although the term "P&T" is a misnomer, the VA can re-eval and reduce. What seems to matter is the rating protections like those which go into effect after 5, 10, and 20 years. However, because you are definitely older than 55, there are special rating protections. I assume you are likely in your 70s or 80s. If that's the case, P&T would be very plausible if you have been at 100%. It might not be too likely your conditions are going to improve to a better rating % short of some miracle...

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I am 100% Permanent and total for Un employable, i have not been able to hold a job since getting out the Army in 74, but for years i tried to get compensation for years due to mental and social issues, but was always told my records were lost and could not be found,so i stopped trying for many years until about 3 years ago and i did it my self ,no VSO and this time they seemed to have found my records and gave me 80% i then refiled and got 100%. my question is with the new PACT ACT does that pay more than 100% and more Benefits ,being i was used in a Nuclear testing situation, where i could see thru my skin and see bone and other guys in the trench i could see all their bones in their body with my eyes closed. My current disabilities are not about the nuclear blast testing on me. I just wonder should i now claim the nuke testing on me or just be content with the 100% i currently have. I hear some say if you are 100% and file a new claim you open the door for reduction, and i don`t want to do that.

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Whoa, Hoss!  THERE IS a special regulation for "military service records which were lost, then found", which could entitle you to a big retro check.  If you took someones advice, and did NOT apply it may not help, tho.  If you applied, but were denied due to no service records, (or other reasons),  then you could be in high cotton, perhaps, if it had been many years.  Sometimes people can get 6 figure retro checks. You may need some professional help to get VA to pay this, however.  (lawyers who represent Veterans).  

     A lawyer will "look at your file", determine if your effective date was wrong, then represent you for about 20 percent of the retro.  You may be able to do this yourself, at little or no  cost, with hadit's help, however.  

38 cfr 3.156:

Quote

An attorney will review your file at no cost, and make recommendations, which may or may not include attorney representation:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

Finally, especially if you served in Vietnam, and are a Nehmer Vet, NVLSP may well represent you at no cost.

If unsure if you are a Nehmer Vet, call NVLSP and ask them.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors

As always, we have not reviewed your file, and Veterans law is complicated with many twists and turns, so consult a professional, before making rash decisions.  

Edited by broncovet
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