Temporary rating doesn't include health insurance for wife

Question:

After fighting for years, I finally got my deceased husband 100% "temporary" rating. Now I want to file a NOD to get this 100% P&T because I need the health insurance and it was like a slap in the face when I was told he had to come back in 5 years for re-evaluation. What do you think and could the VA downsize his 100% if I file a NOD?

Jim's Reply:

I'm going to take a gamble and assume you meant to type "disabled" rather than "deceased". That darned autocorrect strikes again. If I'm mistaken and you meant deceased, we need to revisit all this.

I do not recommend that anyone fuss with trying to have a temporary 100% rating converted to a permanent 100% rating. First up, there really isn't any defined path of how to do that, no form, no DBQ, etc. Then if you do file some sort of claim you subject the veteran to another series of C & P exams and all too often the examiner finds improvement and the 100% rating is proposed to reduce. I'd guess as meany as 1/2 of premature requests for permanent ratings will see a proposal to reduce instead.

While I understand the need for the increased dependents benefits that would come with the permanent rating status, the better strategy is to view this as a long term project and to wait it out. Then, at the next future exam, the veteran can ask the examiner to recommend the permanent status and that is usually done with little fuss. This reduces any risks of losing benefits by getting the cart ahead of the horse and is the best way to resolve the issue.