Kidney Cancer

[texal1]

IS THERE ANY REGS WHICH GIVE PROTECTION TO DISABILITY RATING FOR VETS OVER 55 WITH DISABILITY RATING FOR 5 YEARS.

[Pete53]

Bump

[Berta]

None I can think of but the VA can only attempt to reduce a rating with medical evidence of substantial improvement in the condition.

The vet should swiftly appeal any proposed reduction (I think they only have 60 days to appeal)and gather evidence to prove them wrong.

Are you concerned about your rating? Did they VA award you P & T (Permanent and Total?)

EVen with a P & T rating they have tried to propose to reduce vets at 100% from time to time.

Since most disabilities get worse and not better with time-and the VA has no magic cures for any of them-I wouldn't worry about this unless you have received a letter proposing to reduce you.

[john999]

The VBM has a section of this subject. I believe if you are over 55 and have been 100% for at least 5 years the VA cannot just use one exam to reduce you. They have to consider the entire record and find very solid evidence you are better.

[JamesBreckenridge]

A lot of the cancer conditions are rated 100 percent while the disease is active or treatment is ongoing. But if treatment works, you will usually be reduced down to zero or some other minimum.

It always amazes me. The vet fights to keep that 100 percent he was awarded, despite having JUST BEATEN CANCER. The VA isn't going to pay you forever because you had cancer at one time but you beat it.

This would be the rating schedule for kidney cancer:

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 reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.

So, 6 months after cessation of treatment (even if you've had it for five years), you'll be rated on residuals (usually renal function or urinary function, etc).

[kw34]

James,

Its because the fight takes so much out of you physically, mentally and in a lot of our cases it ruins us financially. Cancer is the worst illness in my opinion a person can have. The treatments are the most expensive out there my chemo was more than 10k per month and I had to endure it for 1 year I almost lost my home and I am still digging out of that hole but you are right I am alive.

I could use the 100% I am still fighting with the VA for because I filled after I had finished chemo although my treating physicians never said I was in remission and test showed active . I value your contributions and I read every post any time I see your name but I thought your comments were a little insensitive to cancer survivors on this one unless you walked in our shoes

[JamesBreckenridge]

James,

Its because the fight takes so much out of you physically, mentally and in a lot of our cases it ruins us financially. Cancer is the worst illness in my opinion a person can have. The treatments are the most expensive out there my chemo was more than 10k per month and I had to endure it for 1 year I almost lost my home and I am still digging out of that hole but you are right I am alive.

I could use the 100% I am still fighting with the VA for because I filled after I had finished chemo although my treating physicians never said I was in remission and test showed active . I value your contributions and I read every post any time I see your name but I thought your comments were a little insensitive to cancer survivors on this one unless you walked in our shoes

KW34, what sort of cancer was it? Were you treated for it at a VAMC? Many times I have had a claim for prostate cancer cross my desk, filed more than six months after they stopped treatment. I look for some way to grant an earlie effective date, and on the few occaisions that I have, it has usually had something to do with getting treatment at a VAMC and being able to consider some of the treatment as an "implied claim".

I didn't mean to sound insensitive. If the cancer is still active, then of course the 100 percent should be continued.