ACTIVE DUTY prostate cancer

[serge]

Hi everyone,  as stated in my title I am still active duty and have been diagnosed with PC and have undergone the surgery.  I have been led to believe that the VA will compensate unto 5 years post surgery as it considers the cancer active.  How can I confirm this information?  every time I call a service officer they tell me that I need to file a claim to see if it will be approved as service connected.  The symptoms initiated in a combat zone so they are service connected.    The surgery left some long lasting effects just like everyone else, incontinence, frequency and ED.  

   Could some one let me know if and/or what i would receive?  thanks.

Edited August 10, 2016 by serge

[broncovet]

I can tell from your post you want some reassurance from Vets, that this promise will be kept.  If you knew how many posts I have read that begin, "I was told....", but then something different happens, you would understand that VA has no accountability.  

Personally, I think stuff really started "going south" when Bill Clinton was caught with Moncia Lewinski, after he said he did not have sex with her.  After that, people in government said, "Well, if the president lies and gets away with it, then I guess that means its ok for me to do it also."  

It sends out a message that you wont be held accountable for what you say, in government.  

Keeping Abraham Lincoln's promise to care for the Veteran and his widow is supposed to be what VA is about, but you are correct in being skeptical for anyone who says they are with the government and are here to help you.  

With all this said, VA benefits has 5 methods of service connection.  One important one is "presumptive".  Since you had a physical before you entered service, and then if you apply for benefits within a year of exit from service, it is "presumed" you got this malady from service, unless it was noted on your entrance physical.  

You lose THIS presumptive if you dont apply for benefits within a year of exit from service.  Remember, a presumptive is not a guarantee.  Example:  Six months after you get out of service, you get into a car wreck, injure your knees, your back.  Are your knees and back caused from service?  No.  The VA can "rebut" the presumption simply by having a doctor explain that you had a car injury after service, and it was the car wreck, not military service, which caused your knee and back problems.   The presumption helps you if they dont know the cause of your knee and back problems.  Your car wreck, and medical evidence can rebut the presumption.  

As long as you apply for benefits for this condition, and its residuals/secondary conditions, within a year of exit from service, you should be safe as far as getting the prostate problems service connected.  But, it depends a lot on you.  

1.  Keep a copy of your service records documenting in service prostate cancer and treatments.  VA has a nasty habit of losing evidence pertinent to winning your claim.  Alex had a gun shot wound in service, and he had to fight VA for about 20 years trying to document that GSW, and what it did to him.  It may not have been so bad if he would have managed to get a copy of his medical records and treatment right away.  

2.  Apply for benefits within a year.  

     Later, after VA denies you as there is "no record of prostate cancer in service", you can get your copies of medical records.  Then you can say, "gee, what are these records, then?"    VA hates it when you keep copies of your own records, it makes it much harder for them to deny you.  

 

Edited August 5, 2016 by broncovet

[Buck52]

serge

you need to get all this SERVICE CONNECTED with the VA.

  Still being AD does not S.C. you  as for as the Dept of Veterans Affairs  they don't know you have diseases if you don't submit a claim for them.

  I agree with broncovet, and if or when you do submit your claim  file for all and everything that you currently have  especially before your year after Retirement  or the year you get out.

if your Denied  then you can get an attorney to help you  or just visit here on Hadit

Remember Proper medical evidence is the golden key wining claims, all your Military medical records you need to get copies of...and look for your Diagnoses of all what they diagnose you with from military duty. and use those records as evidence.....you never know how the VA Raters will go until you get a decision on your claims.

Good Luck

..................Buck

Edited August 5, 2016 by Buck52

[Berta]

 

 "How can I confirm this information?   "

If you go to our VASRD (VA Schedule of Rating Disability here), about half way down the document they have the rating criteria for all disabilities.

You do have the inservice nexus you need for SC but the rating will depend on the residuals when you leave the service and file a VA claim.Dont forget to claim the surgical scar as well. Scar ratings are noted in the Scar criteria.

Are you close to a discharge date?

[Gastone]

Nam Vets I know that were DX'd with PC and underwent surgery, got a somewhat unexpected surprise, shortly after surgery. Their initial VA SC of 100% was reduced drastically to (30 or 50%) upon confirmation that the Surgery was successful in removing the Cancer.

Have to look PC % in 38 CFR 4 post surgical ratings. As I recall, their reductions took place within 6 mos of surgery, could be wrong.

What's your expected Active Duty Release Date? Are you up for a Medical Discharge?

Get copies of all your SMR's now, rather than later. Might want to research how any type of AD separation $$ affect your future VA Comp.

FDC, FDC, FDC, BE SURE to FILE an FDC.   File your VA Claim as an FDC with all your PC & Secondary issues SMR's attached, as soon as VA regulations permit you to file. Decisions on FDC's can be had in as little as 4 mos, Reg Axx claims can take upwards of 18 mos+.

Semper Fi

[Berta]

Gastone, you certainly are correct....but those reductions did not always stand if the veteran appealed ASAP and their medical evidence warranted a continued rating and/or continued 100%.

It all depends on each individual claim and the residuals, such as within this claim:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1606276.txt

You asked:

"Are you up for a Medical Discharge? " We have ESP. I wondered that as well.

If this is a MEB/PEB situation hopefully this vet will find a PEBLO where he is stationed or a vet rep who can help prepare the claim prior to discharge.

Also he should not leave the Mil without a complete copy of his 201 Personnel file and his Military Medical records and should make sure anything he needs to claim is on his discharge certificate.

Serge, my daughter (OEF USAF) got a copy of every med rec in the mil as they occurred.She knew if she ever needed her SMRs, best that she already had a copy of them.

 

[Gastone]

Berta, copy that.

Serge, what's the post-op status of your PC? Have you obtained any Clinician Notes, discussing the status of your Cancer?

Your ED should be filed as a FDC Secondary issue, should be good for an SMC K award. Incontenance as a Secondary, not really sure of the SC % value.  You will be eligible for the yearly Clothing Allowance payment by filing with the VMC Prosthetic Dept each year before July or August, every little bit helps.

It appears that you can expect a possible reduction letter, somewhere between 6 mos to 1 yr after surgery and other Cancer treatments have ceased, if there is no sign of Metastasis.

PC Surgery Residuals, Voiding Dysfunction or Renal Dysfunction, whichever is predominate would only be good for a 10% SC. Take a look at Ratings for DC 7528.

Give some thought for preparing to file a  PC Secondary Depression FDC. Wouldn't hurt to discuss how Depressed you probably are right now, with a Squid MH Professional. Start laying the Paper Trail.

Semper Fi