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Sean Kendall

100 percent rating following prostate cancer surgery


Blog Category:
9/6/2012
Sean Kendall
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VA regulations provide that a 100 percent rating will be assigned for prostate cancer, and that such rating shall continue after the surgery for at least six months.  Following the six month period, a mandatory VA medical examination shall be scheduled.  If the VA rating examination finds that there is no metastasis (recurrence of cancer, often in the pelvic lymph nodes or in the bones), then the residuals of voiding dysfunction or renal dysfunction shall be rated, which usually means a reduction to a 10 percent rating.  

In my practice, however, is is clear that the VA is not always scheduling medical examinations six months after surgery.  In most cases, the VA is scheduling a mandatory examination one year after surgery.  Of course, this is a benefit because the 100 percent rating continues for a longer period of time.  However, veterans that filed claims for Agent Orange related prostate cancer and who are awarded service-connection for prostate cancer retroactively will only receive a 100 percent rating for six months. See Tatum v. Shinseki, 24 Vet.App. 139 (2010).  In my opinion, this raises serious due process concerns for veterans that have been fighting the VA for many years.



Category: Veterans Affairs


4 Comments to "100 percent rating following prostate cancer surgery"

I only received a rating of 100% for June, July, and August following my prostate surgery in Feb. of this year. Then it was changed to 10%. Is this normal or should I appeal their ruling? Thanks. Bob
Posted by Bob Randleman on November 21, 2016 at 09:24 PM
I am interested to know whether or not my claim for acute and/or severe prostatitis due to enlarge prostate can lead to prostate cancer. The VA now denied my claim prostatitis and prostate cancer although I have proof my prostatitis claim was service-connected.
Posted by Pedro R. Garcia Sabido, VA Claim No. 18 189 368 on February 15, 2015 at 05:36 AM
Unfortunately, VA rules do not allow the payment of benefits prior to the filing of the claim. The Courts have held that VA is under no obligation to tell a veteran that they have a right to file a claim. Your friend can file a claim for service-connection for prostate cancer, but VA's rules will only allow payment from the date of claim. Six months after surgery, prostate cancer is rated for residuals only, usually a rating of 10 percent.
It is possible that your friend filed a constructive claim for service-connection of prostate cancer. If the surgery was paid for by VA, obviously they knew the prostate cancer was related to Agent Orange exposure, so there could be a document in the file that would show he filed a claim in 2004. If he did at that time, then he would receive the retroactive benefits. The only way to know is to obtain a copy of the file and review the file.
Posted by Sean Kendall on March 25, 2013 at 04:56 PM
I have a friend that was diagnosed for service connected prostate cancer in 2004 due to herbicide exposure in Vietnam. He had a prostate cancer operation in 2005. He did not file for compensation at that time. May he file now for compensation? The operation was performed at a civilian hospital. Should he get the before and after 100% compensation? I was told that his condition was an automatic 100% after diagnosis, and 100% for six months after surgery. Was the VA responsible for awarding the disability without he filing a claim? He is under that assumption.

Thanks.
Allen Dunlap
Posted by Allen Dunlap on March 23, 2013 at 03:42 AM

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