Cancer

[sgt]

I was diagnosed with cancer in the bladder and in the prostate in Sep 2008. I went to Audie Murphy and the VA removed both. I filed claim for agent orange exposure and was given a rateing of 100% plus SMC. In Dec of 2010 the VA gave me another C&P exam and a couple of weeks ago I get a letter from the VA stateing that since I no longer have cancer they are going to reduce my rating for exposure from 100% to 0% and discontinue the SMC. This is about $2000 per month. How do I fight this?

[carlie]

sgt,

What is your current 70 % SC for.

[stillhere]

I was diagnosed with cancer in the bladder and in the prostate in Sep 2008. I went to Audie Murphy and the VA removed both. I filed claim for agent orange exposure and was given a rateing of 100% plus SMC. In Dec of 2010 the VA gave me another C&P exam and a couple of weeks ago I get a letter from the VA stateing that since I no longer have cancer they are going to reduce my rating for exposure from 100% to 0% and discontinue the SMC. This is about $2000 per month. How do I fight this?

Are you taking any meds or any treatments now? Does the doctor say you have any residuals from the operation?

Usually I have seen a down grade to 60% but to take you down to zero does not seem right.

Can you post what the C&P says?

Edited January 28, 2011 by stillhere

[jbasser]

The bad thing about this issue is that the RO has every right to review and reduce a Veterans comp dependant upon the level of disability or current status. They got all of the cancer but you have to realize that they also took your prostate.

You should attempt to fight this reduction. Look up the BVA decisions for your case and see what happened. These will be beneficial to your claim and show you how to proceed.

Hang in there. It is not taken yet. I would also talk to a Good VA attorney.

J

[Berta]

Yes = the BVA has cases regarding prostate cancer.

This one makes this point however"

"Although the Veteran has

some ratable residuals of prostate cancer as describe below, DC

7528 makes it clear that residuals alone cannot serve as a basis

for continuation or restoration of a 100 percent evaluation for

prostate cancer. 38 C.F.R. § 4.115b, DC 7528."

http://www4.va.gov/vetapp10/files4/1032287.txt

"cancer in the bladder" is this a soft tissue sarcoma ? Does the medical terms for it , as within your med recs, appear in the long list of AO STS cancers?

[Berta]

Or did the bladder cancer metastasize from the AO prostate cancer?