Code 6208, Malignant Neoplasm Of The Ear(Other Than Skin Only

[wingnut73]

This applies to me, Had about 30% of my ear removed recently. I have applied for an increase for my service connected skin cancer. What does the verbage " A rating of 100% shall continue beyond the cessation of any surgical ETC, etc? BLabla!

[Berta]

Diagnostic code 6208

"
The severity of a disability is ascertained, for VA rating
purposes, by application of the criteria set forth in VA's
Schedule for Rating Disabilities, 38 C.F.R. Part 4 (1999)
(Schedule). Malignant neoplasms of the ear (other than of
the skin only) are evaluated pursuant to the criteria found
in Diagnostic Code 6208 of the Schedule. 38 C.F.R. § 4.87
(1999). That Diagnostic Code directs that a rating of 100
percent shall continue beyond the cessation of any surgical,
radiation treatment, antineoplastic chemotherapy, or other
therapeutic procedure. Six months after discontinuance of
such treatment, the appropriate disability rating shall be
determined by mandatory VA examination. If there has been no
local recurrence or metastasis, the residuals shall be rated.
38 C.F.R. § 4.87 (1999)."

I assumed the 100% regarded a temporary convalescent rating.........and only found 2 BVA cases of that for DC 6208



"In the September 2001 rating decision at issue, the RO
reduced the rating for the Veteran's status post
tympanomastoidectomy, times two, from 10 to 0 percent,
prospectively effective as of January 1, 2002. The
10 percent rating for this right ear disability had been in
effect since December 1999 (including a temporary 100 percent
rating for convalescence from June until August 2000),
so less than five years at the time of the reduction.

2. At the time of the reduction, there was sufficient
evidence of sustained and material improvement in the
Veteran's non-hearing loss right ear disability under the
ordinary conditions of life. The contemporaneous medical
evidence did not show suppuration (formation of pus) or aural
polyps in his right ear. He was not diagnosed with chronic
otitis externa. His symptomatology was not so severe as to
warrant a compensable rating for restoration of his prior
rating."

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp09/Files2/0912368.txt

Unfortunately this claim was denied ( a reduction appeal) but it does show the 100% in the regs as referring to temporary convalescence.

It would be a good idea to apply for that benefit.

We have info here available under a search on that regulation.

[Berta]

To add there is a time limit for application:



If you click on 4.30 here, the regulations will pop up.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38