Question:
Jim, I am a retired Army CSM. I served 27 plus years and deployed to combat on 5 occasions. I was awarded 100% P&T in 2015. I was initially notified that I had a high PSA level at the VA in February 2020. Doctor prescribed antibiotics and nothing happened with the VA, so I decided to use Tricare to get get this checked again in August 2020. The Urologist found I had Prostate cancer. I told the VA doctor about the diagnosis and nothing happened, so I filed for Prostate cancer on 13 Oct 2020. I was apparently awarded a temporary 100% on the 23d of Nov 2020. I have Prostate removal surgery on 25 Nov 2020. If I’m already 100% what benefits will my family receive from this temporary rating? I had COVID in October, pneumonia in early November, and now this prostate removal. Your advice is respected.
Jim's Reply:
The veteran who has served in the country of Vietnam and who is diagnosed with prostate cancer is presumed to have been exposed to agent orange, a chemical thought to cause or contribute to the development of the cancer.
When the diagnosis is made and a claim is filed, the veteran is awarded a 100% temporary rating. The rating is temporary as the VA assumes every veteran will seek treatment for a cancer and that every treatment will cure the cancer.
If the veteran chooses 'watchful waiting', a popular alternative to prostate cancer surgery or radiation therapies, the rating will remain at 100% in a temporary status until treatment is sought and accomplished.
If and when the veteran chooses treatment there will be an exam scheduled about 6 months after treatment to evaluate the residuals of the disease and any therapy that has happened. The usual residuals are a loss of control of the flow of urine that requires wearing absorbent pads and erectile dysfunction.
A final rating will be determined by the degree of loss of control of the flow of urine...if you use 2 pads each day you'll get a 20% rating, 4 pads each day you'll likely get a 40% rating, 6 pads equal 60%. The rating for erectile dysfunction is separate from others and is a max of 10%.
There are no family or dependent benefits for the temporary 100% rating. The benefits of CHAMPVA and Chapter 35 DEA only occur when the 100% rating is permanent.