Disability claim for cancer patient

[Snoop7]

I am the primary caregiver for my father. He is a Vietnam Vet, recently diagnosed with a presumptive disease, multiple myeloma. I went through a VSO to file a disability claim on his behalf. She listed his myeloma, along with other health conditions on his application.  We faxed all requested health records and needed information. He has now been told he needs to go to two different C & P exams. My father is unable to complete these exams due to his physical condition and extremely compromised immune system. He is in the middle of an intense chemo cycle. It is extremely difficult to get him to his chemo appointment once a week in a cancer center. We can not risk him getting an illness from visiting one of these appointed sites. I believe these C & P exams are likely for the conditions listed by the VSO other than his cancer.  Can his claim possibly be approved , considering he has a presumptive disease, if we cancel these appointments? 

[Berta]

Great advice Gastone- 

This article from Hill @ Ponton ( Matt Hill is a member here , explains more about this condition as to getting a proper rating:

https://www.hillandponton.com/agent-orange-va-disability-claims-multiple-myeloma/

Also  BVA cases offer insight into how this is rated:

"ORDER

An initial 100 percent disability rating, but no more, for 
multiple myeloma is granted, beginning February 13, 2009, 
subject to the laws and regulations governing the payment of 
monetary awards.

Entitlement to an initial compensable disability rating for 
smoldering myeloma, before February 13, 2009, is denied."

https://www.va.gov/vetapp09/files5/0944359.txt

In this above case BVA awarded the 100% , with no mention of the usual cancer awards that involve residuals-rated after the first 6 month at 100%-the case has to be carefully read to understand why-

I agree that your father's medical records should warrant the 100% right off the bat- but the decision will determine whether he will need a future residuals rating-after treatment.

As Gastone said:

"Your POA-VSO needs to contact the RO Rating Department to discuss the need for the different C & Ps."

We had a vet here who had medical evidence that he could not attend some C & P exams, and the VA told him to have his private doctor fill out some DBQs.

It was a long and convoluted thread- lots of downloads, only to reveal  the veteran never had the private doctor fill out the DBQs-and of course the VA denied the claim.

It is important to get something in writing, or via email from the VA as to their willingness to accept DBQs or maybe just the private records ( which they will need anyhow) to avert the need for VA C & P exams.

With incountry Vietnam Exposure to AO and with a  AO presumptive disability-the claim itself should be no problem-but the C & P issue needs to be resolved ASAP.

 

 

 

 

Edited June 22, 2018 by Berta

[Gastone]

What does your VSO say? Missing C & P Exams are detrimental to the Comp Claim.

Is the Cancer the only condition with an Offical Medical Diagnosis? As a verified, Boots on the Ground Nam Vet, Claiming a Presumptive AO condition will be handled as a Nehmer Claim and expedited accordingly.

Your POA-VSO needs to contact the RO Rating Department to discuss the need for the different C & Ps. As to the Awarding of an SC for the Cancer, as long as your non-VMC Medical Records pass muster, an actual C & P won't be necessary. His Private oncologists Complete Diagnosis and Treatment Notes will suffice for Rating purposes.

[Buck52]

The VA will provide the necessary transportation via ambulance or Fitted equip Vehicle  to get him to the C&P Exam,  its is a must he attend the exam  (imo) VA don't care what kind of excuse a veteran has not attending a C&P Exam   (they don't care) Normally missing a C&P EXAM For compensation is a automatic denial.

Unless as Gastone mention.. Your VSO/POA  NEEDS to call and see what can be done in your hubby situation?

Why now just filing this claim?

Edited June 22, 2018 by Buck52

[Guest L]

PPL with compromised immune systems are usually seen in public with mask. If the normal mask is not enough an N95 - can be obtained in any hospital upon request. This is a mask that is utilized for higher level contagious diseases and should be good for anyone. I hope you do not think this is insensitive but with these precautions and a wheelchair - should be able to attend. Best of luck. 

[vetquest]

Sorry L but I agree with Buck.  If they are requiring the appointment, and they are, some sort of medical transportation should be considered a reasonable accommodation.

[Snoop7]

On 6/22/2018 at 7:04 AM, Gastone said:

What does your VSO say? Missing C & P Exams are detrimental to the Comp Claim.

Is the Cancer the only condition with an Offical Medical Diagnosis? As a verified, Boots on the Ground Nam Vet, Claiming a Presumptive AO condition will be handled as a Nehmer Claim and expedited accordingly.

Your POA-VSO needs to contact the RO Rating Department to discuss the need for the different C & Ps. As to the Awarding of an SC for the Cancer, as long as your non-VMC Medical Records pass muster, an actual C & P won't be necessary. His Private oncologists Complete Diagnosis and Treatment Notes will suffice for Rating purposes.

Thank you to all who have commented and shared your opinions. I guess I am just frustrated because I was originally told by our VSO that the multiple myeloma is a presumptive disease, which means you don’t have to prove a connection to service. So he should get awarded 100% disability for his MM. However, since the VSO listed other health conditions on his application; heart, bladder ca, ptsd etc. ...we need to do the C & P exams due those items.  I was able to reschedule the exams to private office instead of the Urgent Care they wanted him to go to, too many germs there. However, the closest offices are over an hour away.  He is willing to go, but I just feel like I’ve been going down a rabbit hole in every step of dealing with the VA.  I also found out from the scheduler that they suddenly have his DOB wrong , and it can’t be corrected for ten days. It has been right on everything before now.  Of course all of his appointments are this week. Hoping this doesn’t screw anything up.