Cancer Of 2 Different Systems At Same Time, How Will They Pay, And How Long

[63SIERRA]

if you read the 38cfr below, one would think that if you had service connected cancer as I did, they were supposed to rate me at the 100 percent rate for 6 months, they revaluate after 6 months with a Mandatory va evaluation . So being my claims for cancer of the endocrine system are post recovery, as my operation was in oct 2011, how will they determine what rate I will be paid from the date of operation, I went in for kidney cancer, and they removed the kidney and adrenal gland. so thats a double gaurantee, of 100 percent for cancer. they found the adrenal gland was cancerous once they went in and removed it, my recent CP exam states a nexus that it is all secondary to my hep c, just trying to get an idea how they will comp me for it.

(ps, they never compensated me at the 100 percent rate for the kidney cancer, even though it was deemed secondary, and they rated me at 30 percent for residuals_, so at a minimum they owe me the balance of 100 percent, minus 60 percent (my current rating ) for at least 6 months. BUT being a MANDATORY CP exam wasnt done 6 months after the operation, how will they know when to stop the 100 percent rate? (if they ever start it)

I just recently got the CP for endocrine dysfunction and they acknowledged that the Adrenal gland was malignant and removed and secondary .

SO they have alot of catching up to do,

Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. 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 recurrence or metastasis, rate on residuals.

Edited July 3, 2014 by 63SIERRA

[63SIERRA]

you know its a jacked up system, when I had the surgery in 2011, filed a few months later, and here we are halfway into 2014, and Im still waiting to get paid.

[Berta]

Sierra, they do that for CVA ratings too.


They award 100% for a major CVA (Stroke) for 6 months and then rate on the residuals.

However, the residuals alone could still warrant a 100% rating.

I have a CUE yourself claim on that basis, they say is with a specialist.

In 2012 they awarded my 2004 SMC CUE claim, and finally rated and paid posthumously 100% for 6 months for my deceased husband's 1151 stroke.

They didnt rate beyond the 6 month period, but awarded posthumously, the SMC HB award.

I only found one or two BVA decisions whereby the veteran proved 100% under a CVA rating for residuals beyond the 6 month period.Most stroke survivors are able to overcome their stroke residuals.

However, I had critical evidence (in VA's possession at time of the veteran's death), that warranted a continuous 100% 1151 rating.

At time of my husband's death, VA had rated the stroke as NSC, even though my 1151 DIC award said it was part of the malpractice.In my CUE I challenged those ratings which were 80% and wrong,.

My point here is that VA didnt really rate on residuals at all. They rated him as 100% under 1151 for 6months plus the HB award. They could have used his 100% SC PTSD rating instead for SMC S.
His "residuals" were 100% P & T until he died,about 16 months more they owe.

I think many claimants get stuck on and accept the 100% for 6 month ratings for some cancer claims, and CVA (stroke) claims, when the rating drops after the 6 months, when in fact they might well have medical evidence to show the disability warranted a further rating of continuous 100%.

After the first 6 months, my husband's 'residuals' from the 1151 stroke were no longer found feasible for Voc Rehab,(Voc Rehab documented that) SSA award solely for CVA,superceded by SSA solely for PTSD,.which did not change the CVA award, waiver of student loan due to being 100% P & T due to the 1151 stroke, the MRI narrative, and a letter from a former VA secretary to my husband (not in the C file but in VAs possession when he died, stating the CVA was NSC and was a total and permanent disability.

(The NSC rating was 1151 NSC, finally rated by VA in 2012 award, 20 years later.

I had more evidence as well, but any of the above should have garnered a continuous rating of 100% P & T in his lifetime for the CVA that VA had caused him to have.(1151)

Once you get their decision ,if we can read it here, we can help more but I think the VA really doesn't adhere to considering medical 'residuals' after a 6 month time frame could be the same medically as they were for the 100% award....and maybe even worse ( to an SMC level)

I felt I had more than enough evidence for this specific claim, without obtaining an IMO. In many cases however, it ...will take a strong IMO for VA to fully comprehend a continuous 100% rating..

But if I do need an IMO I will get one.

One more point.......100% SC plus another separate 100% SC equals SMC consideration but possibly no more cash than one 100% plus SMC comp amount,as I understand the regs

I would like opinions here on that statement. I sure could be wrong.

100% direct SC however plus 100% 1151 for independent additional disability , means they have to pay the 100% comp under 1151 separately from the initial other 100% comp. My award did get that part correct.

If a veteran is still totally disabled (by medical evidence) after a 6 month 100% rating time frame ,from the residuals of the same disability, VA owes them a continuous 100% rating but some bogus C & P exam might not uncover that medical fact at all and they will need a strong IMO..

Edited July 3, 2014 by Berta

[john999]

I sure would have a private doctor do follow-up on these cancers as frequently as he thinks is proper. Regardless of the compensation I would get the second opinions and follow-ups from someone besides the VA. You are probably doing that already.

[63SIERRA]

you know I took 52 weeks of interferon and ribavarin, which is a poisonous cocktail to the human body, they pump you up with it to the brink of death, (literally) to try and kill the virus., afterward, you are never the same, your joints hurt, you cant think straight, you get tired all the time, its just bad medicine. Imagine having the worst flu youve ever had, for 52 weeks straight.

THEN they cut two major organs out of my body, my entire kidney and entire adrenal gland., I have a 12 inch scar that can be very painful (which they still deny comp) yet it was from the service connected kidney surgery. My eyes are F ed up because the interferon and ribavarin cause intense pressure on the eyeballs, and can blow out the retina. I filed a claim for eye damage, which they denied and im fighting. My back issue continue, that are service connected, yet they deny. I get a measely 60 percent, for the pain , agony and hardships ive suffered. During the chemo, I kept working and it was a hellish experience. Nobody told me I could file for 100 percent while battling the demon of hep c. I was still rated at zero percent at that time. The veterans hospital, and regional offices are a orgainzation of the most evil people that inhabit this earth, and I hate thier guts.

Edited July 4, 2014 by 63SIERRA

[63SIERRA]

why arent these proud ass service organizations walking the hospitals, educating veterans and helping them thru the hardship. you NEVER see service orgs at VA hospitals, and thats where the battle is raging.

They could walk from room to room.,,. HEY MAN HOW THEY TREATING YOU? did you file a claim for this, how can I help you.

Did you know that you can get 100 percent rating because you have cancer, instead of working half dead, you can recover at home with no worries , thats what they should be doing instead of whatever it is they do, which cant be very much from the experience ive had with 3 different service orgs.

Edited July 3, 2014 by 63SIERRA

[Slowlane]

why arent these proud ass service organizations walking the hospitals, educating veterans and helping them thru the hardship. you NEVER see service orgs at VA hospitals, and thats where the battle is raging.

They could walk from room to room.,,. HEY MAN HOW THEY TREATING YOU? did you file a claim for this, how can I help you.

Did you know that you can get 100 percent rating because you have cancer, instead of working half dead, you can recover at home with no worries , thats what they should be doing instead of whatever it is they do, which cant be very much from the experience ive had with 3 different service orgs.

why arent these proud ass service organizations walking the C&P waiting rooms and holding class on how they are about to get screwed?????