RickH Posted July 25, 2015 Share Posted July 25, 2015 (edited) Hi all Got the BVA letter yesterday, it stated that because of the new probative evidence(IMO-IME) that exposure to work place chemicals was evident and my service connection for prostate cancer was warranted and granted. In my original claim, I had filed for Prostate cancer residules, but no where in the letter does it talk about residules or secondaries. I had my prostate removed in 2001, my original claim was filed in 2007. Will the rater at the RO know enough to go to the secondaries on the DBQ that their doc filled out at my C and P, or will I have NOD them to it? I can't scan copies because I' m in FLA visiting friends for the next 4 weeks, my granddaughter read me the letters. Thanks, RickH Am I being paranoid?? Edited July 25, 2015 by RickH Link to comment Share on other sites More sharing options...
0 FormerMember Posted July 26, 2015 Share Posted July 26, 2015 You need to get on the ball. Prostate stuff is AO presumptive. You know the drill. Get the nexus , assemble the medrecs. Push send. Perhaps someone who is a Vet. Rep (VFW. AmLeg, MOPH) will help you file it! Buck52 1 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted July 26, 2015 HadIt.com Elder Share Posted July 26, 2015 When you filed your appeal with the BVA did the appeal include all your residual issues? It should have if they were in original appealed claim. Did your NOD include disagreement for denial of residuals of prostate cancer. If you don't appeal it then it may be lost. Look over your paperwork to make sure. I assume the cancer had not spread from the prostate before it was removed? Buck52 1 Link to comment Share on other sites More sharing options...
0 RickH Posted July 26, 2015 Author Share Posted July 26, 2015 I noded the part of the claim that was denied ,residuals of prostate cancer(ED, Incontinence) in 2007. My grant for service connection was for prostate cancer, but no where in the BVA letter did it mention my Secondarys or my residuals. Will I be still rated for my residuals, or will I be just rated 0% because my cancer is gone. Am I being paranoid? won"t the rater just go to the above ASKNOD rules ang\d give me my rate and SMC-K. RickH Link to comment Share on other sites More sharing options...
0 JON Posted July 27, 2015 Share Posted July 27, 2015 You should ask to be rated on residuals after the cancer treatment is completed. If you are incontinent, impotent, etc. If you have a scar from surgery that irritates you (I/e rubs against clothing causing irritation) ask that the scar be rated. I received SM K for loss of organ, rating for leakage (based on number of pads I used), impotence. Later my bladder went neurogenic as a result of the prostate surgery. I had to have urinary bypass secondary to prostate surgery. Later I had to have 2 colon resections as a result of this mess. Everything was granted service connected secondary to the prostate cancer. I'm now at 80% TDIU. Link to comment Share on other sites More sharing options...
0 RickH Posted July 27, 2015 Author Share Posted July 27, 2015 What I'm saying, is the BVA pulling a fast one on me, and giving me a service connection for cancer that is already cured without granting the secondarys I filed for in my original claim?? Does the VLJ have to grant service connection for the secondaries also, or does the regional office just go to rating the secondaries on their own from the original claim? RickH Link to comment Share on other sites More sharing options...
0 JON Posted July 28, 2015 Share Posted July 28, 2015 Your final rating is the one you receive once you meet maximum improvement or you are as well as can be expected after all necessary treatment etc. When I was in your position, I had a vet rep apply for me for a final rating based on maximum improvement. Then the VA ordered a CP exam and sent a rating which I could have appealed, but didn't. It kind of sounds like the VA has dropped the ball back in your court. I would highly suggest finding a VA rep through a service organization or maybe your county government has a vet rep (mine does). That's all these people do is help with claims and benefits. If you don't ask the VA, they will usually not volunteer any benefits. flores97 1 Link to comment Share on other sites More sharing options...
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RickH
Hi all
Got the BVA letter yesterday, it stated that because of the new probative evidence(IMO-IME) that
exposure to work place chemicals was evident and my service connection for prostate
cancer was warranted and granted.
In my original claim, I had filed for Prostate cancer residules, but no where in the letter
does it talk about residules or secondaries.
I had my prostate removed in 2001, my original claim was filed in 2007. Will the rater
at the RO know enough to go to the secondaries on the DBQ that their doc filled out at my
C and P, or will I have NOD them to it?
I can't scan copies because I' m in FLA visiting friends for the next 4 weeks, my granddaughter
read me the letters.
Thanks,
RickH
Am I being paranoid??
Edited by RickHLink to comment
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FormerMember
SMC K does not provide for Loss of or loss of use of Prostate. If you become impotent, the provisions for loss of use of a creative organ would be for application. Here's the spec sheet for peeing pro
FormerMember
You need to get on the ball. Prostate stuff is AO presumptive. You know the drill. Get the nexus , assemble the medrecs. Push send. Perhaps someone who is a Vet. Rep (VFW. AmLeg, MOPH) will help you
john999
When you filed your appeal with the BVA did the appeal include all your residual issues? It should have if they were in original appealed claim. Did your NOD include disagreement for denial of residua
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