Temporary disability for prostate cancer?

Question

I have been evaluated at 100% (temporary) for prostate cancer. My condition is castrate resistant PC and am currently in my second clinical trail using a experimental chemo drug. My oncologist has indicated that metastatic PC while able to be treated is incurable and my condition will not improve.  Under these circumstances would the VA change the evaluation to 100% permanent and total disability?

Jim's Reply

Probably not. 

If VA does propose to reduce your rating after a future C & P exam, I'd encourage you to appeal the proposal to reduce the rating and include a statement from your treating doctor that you still have cancer. 

The statement should be at least that blunt and to the point. 

It's unlikely that VA will ever convert your 100% rating to permanent. VA is steadfast in their belief that all cancers are curable and will eventually show improvement. But you can argue for a continuation of the temporary 100% rating if VA proposes to lower the rating. VA often looks to the PSA for the decision to continue a 100% temporary rating. If your PSA was high prior to treatment and now it's normalized, VA will argue that the prostate cancer is in remission.

VA also doesn't grasp the popular concept of watchful waiting or active surveillance where the veteran patient gets no treatment for the cancer. They go so far as to call palliative drugs that don't affect the cancer as treatment and reduce ratings so we must appeal. It's a mess, stay on top of it since your VA won't.

 

Jim

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
VAWatchdog
Keeping an eye on the VA, because somebody has to.
http://www.vawatchdog.org

Stateside Legal
Legal Help For Military and Veterans
http://www.statesidelegal.org