Question:

My husband is a Vietnam Vet that was exposed to Agent Orange. He was awarded 40% disability in 2013 for prostate cancer. He now has been diagnosed with Chronic Lymphocytic Leukemia. He was awarded the 100% rating, but not permanently and totally disabled. The oncologist in his report that backed up the diagnosis said that he has had it for probably 4 years and we have records of blood work showing an overall increase in his symptoms for that period. Do you think we are at risk to file an NOD and request permanent and total disability? Thank you for your guidance. Your information is invaluable for us out here going it alone.

Jim's Reply:

I very rarely advise that a veteran seek the P & T status when he or she has a temporary 100% rating. There's risk of VA fouling it all up and your losing benefits either temporarily or even permanently. The best strategy I know of is to wait it out and attend those future exams when ordered. The P & T status will come from the "future exam" when the examiner says there's little likelihood of improvement. Trying to stick to the VA process is usually best.