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Friends 1st C&p And He Has Prostate Cancer

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parforever

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I have a friend who retired from the USAF on 1 Dec 08 and his first C&P exam is next week. He filed his paperwork right after retirement even though he was still having some medical issues.

In Feb 09 3 months after he retired he received blood results back and his PSH was elevated. He has since been diagnosed with prostate cancer and is currently waiting decision as to what the treatment will be. He is having surgery for sure in the very near future. This is going to cause him to miss work and cause a financial burden.

My question is can he claim the prostate cancer since it was 3 months after retirement? It appears to me to be pretty obvious that he had the condition while still active duty but the darn doctors didn't do any blood work on him before he retired. It was not on his original paperwork when he filed. Should he take his results and findings to the C&P exam and add it as a claim?

Is there any way to expedite his case since he is going to be going through surgery and treatment? Seems that I read somewhere they do this? I know folks that have been temporary 100% while going through treatment until they are given a clean bill health. He has several other claims after 28 years of service such as knee and back surgeries and sleep apnea with a CPAP machine etc…

Any advice you can give to help him in the process is much appreciated.

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Sometimes I think hadit needs a parrot that says:

"Your doctor needs to offer a medical opinion something like, "Veterans elevated PSA level and prostrate cancer was most likely incurred during military service 3 months ago."

You need a "nexus" statement linking his cancer to military service for service connection.

However, if you are interested in the cash for clunkers program, I do not recommend a Nexus. I would consider a Malibu.

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The only way he could claim the cancer as presumptive is-in my opinion-if he was a radiogenic exposed veteran-

and still-as Broncovet said- he would need a strong IMO- those claims are difficult to win-

and he was not within the time period for AO exposure.

His SMRs might reveal something symptomatic of the cancer-

but maybe his focus should be on the other claims he has -as well as this one-it seems they would have a stronger nexus? I assume these conditions are well documented in his SMRs?

When was the inservice back surgery?

I would think evidence of prostate cancer could have shown up in the blood tests they took when they did this surgery.

But I am no doc- so not sure on that.Blood work for surgery can sometimes reveal other medical factors.

He should certainly file claim for the prostate cancer as there could be a possible linkage somewhere to his service- or perhaps he cold prove that something involved in his MOS could have caused this type of cancer.

Still-he will need an IMO for this claim.

I also assume he left the Mil with a complete copy of his SMRs and they should be carefully studied to see if there was any symptomatology at all regarding possible prostate cancer.

"Is there any way to expedite his case since he is going to be going through surgery and treatment? Seems that I read somewhere they do this? I know folks that have been"...

He has not even ben set for surgery yet so the outcome cannot be predicted and it could be very positive as it seems they may have caught this in time to have effective treatment.

There are almost a million claims at the VA these days.

"Expidite" means nothing to the VA except maybe for a WWII vet at death's door on a life support system.Maybe.

I dont mean to be blunt-

but every vet here should have the right to an expiditious decision.

It just doesn't happen that way.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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If the docs did not specify a PSA test, then it is not going to be performed as normal pre-op blood work.

I assume that this vet is somewhere in his 50's?

It is a little known fact that, if a man lives until his mid-60's-70's, that half these men will HAVE prostate cancer when they die (NO, I didn't say they will DIE from prostate cancer, I said that they would HAVE prostate cancer WHEN they die.

It is a very slooooowly progressing disease and, quite frankly, EVER man past the age of 50 SHOULD HAVE a PSA level (Prostate Specific Antigen) test EVERY YEAR.

I have an enlarged prostate, with a calcific deposit which is very noticeable upon digital examination, so, I have had PSA levels drawn yearly since about 1980, and ultrasounds every other year since then (I don't want to be ONE of the guys that actually DIE from prostate cancer!).

Having said all that, it is going to be very hard to draw a nexus connecting WHEN his prostate cancer showed up. It didn't actually show up until the PSA level was elevated, so it would be only speculation as to when it actually began, unless, as has been stated, that he had an MOS indictative of increased cancer risks (i.e., X-ray tech, etc.).

And, thank G-d for Flomax! A true blessing for guys with enlarged prostates, and I managed to talk my VA primary care doc into prescribing the actual Flomax and not the generic. If you guys are having trouble "going" or "going" too much......have a talk with your PCP. I'm an advocate.........when you go from getting up 4-5 times a night, to being able to sleep thru the night....you will be an advocate, also!

P.S.

If you haven't had, or don't KNOW whether you have had, a PSA level drawn, then the next time you are in to see your PCP (make an appointment if it's been over six months since you last visit) tell them, before you go in, to schedule a PSA level with your labs.

Edited by LarryJ

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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I have an enlarged prostate, with a calcific deposit which is very noticeable upon digital examination, so, I have had PSA levels drawn yearly since about 1980, and ultrasounds every other year since then (I don't want to be ONE of the guys that actually DIE from prostate cancer!).

And, thank G-d for Flomax! A true blessing for guys with enlarged prostates, and I managed to talk my VA primary care doc into prescribing the actual Flomax and not the generic. If you guys are having trouble "going" or "going" too much......have a talk with your PCP. I'm an advocate.........when you go from getting up 4-5 times a night, to being able to sleep thru the night....you will be an advocate, also!

Amen to that Larry. I was diagnosed with an enlarged prostate because I kept going and going. The medicine does help a lot. Down to twice a night and able to drink before going to bed. No more going thirsty.

They check my PSA every year as well.

Tim

Vet and proud of it

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i) Direct service connection (§3.4(:rolleyes:). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

(ii) Presumptive service connection (§§3.307, 3.308, 3.309). Date entitlement arose, if claim is received within 1 year after separation from active duty; otherwise date of receipt of claim, or date entitlement arose, whichever is later. Where the requirements for service connection are met during service, the effective date will be the day following separation from service if there was continuous active service following the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.

I think because it is within a year of discharge it is presumed that the illness existed while in service.

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