Question:

My husband was in Vietnam. Because of Agent Orange exposure he has a 100% temporary disability for non-hodgkin's lymphoma. Recently he had a heart attack, and applied for expanded rating due to an implanted defibrillator (100% left ventricle closed, about a 35% overall heart rating). The VA approved 60% disability for heart. It doesn't say whether this is permanent on his paperwork. There is no plan to remove the ICD. Prior to his cancer he had a 30% disability for hearing loss. My question is when would he be rated Permanent and Total?

Jim's Reply:

You'll have to file an appeal, an error has occurred. The AICD-defibrillator alone is a 100% rating. That should stack on top of the 100% & 60% rating already in place. Yes, the AICD should be rated as permanent. It's likely that because of his age the n-Hl should be a permanent rating.
 

You'll need to file a formal appeal to get anything done. I'd like for you to speak with a veterans law attorney to help you with sorting this out. This will not cost you any money out of your pocket and no money at all until you prevail and get retroactive pay.
 

The only way to resolve this and to insure that he gets all he earned by his honorable service is to formally appeal and the case is complex enough to require the services of an accredited veterans law attorney. He has enough going on with his health that he should be cautious that VA doesn't leave out a substantial payment.
 

Please click here https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html and contact any or all of the attorneys you'll meet on that page. Good luck.