Veterans With Prostate Cancer are Entitled to a 100 Percent Rating for at Least Six Months After Surgery
The Department of Veterans' Affairs' ("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, most often found 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.
Due Process Concerns Arise For Veterans Receiving Retroactive Benefits Based on Agent Orange Related Prostate Cancer
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.
What to Do if You Receive a Denial or Unaccptable Rating Decision from the VA
If you are a veteran with a service-connected disability and you feel that the VA has made an unfair determination regarding your disability benefis, we urge you to contact us right away. With decades of combined experience appealing unfair Regional Office and Board of Veteran's Appeals' decisions, we are confident we can win you the benefits you deserve. When you are ready, send us a note or give us a call at (877)-629-1712.
4 Comments to "100 Percent Rating Following Prostate Cancer Surgery"
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.
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