Future Exams

Question:

I was reading an old message "Prostate cancer and disability criteria" dated April 20, 2013 where "VA RVSR/QRS" stated that "Veterans who undergo brachytherapy for prostate cancer are considered to be under active treatment for one year after the seeds are implanted." Is that true? I thought that the review exam was done 6 months after the seeding and that the 100% rating would stop at that time? I'm a bit confused. Thanks.

Jim's Reply:

The regulation says;

7528 Malignant neoplasms of the genitourinary system     100%

     Note: Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.

However, the schedule doesn't always accommodate timely scheduling so lapses occur that may extend far past the due date. Reexaminations are controversial from the start https://www.washingtonpost.com/politics/2018/08/15/va-required-thousands-unwarranted-reexaminations-vets-getting-disability-benefits/ 

No matter...if it's necessary or not, we never miss a C & P exam because that defaults to turning you down and you have to start all over.

 

 


Source URL: http://statesidelegal.org/future-exams