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Non Hodgkin Lymphoma - length of compensation

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Gone Fishing


I was diagnosed with Non-Hodgkin Lymphoma in July of 2018, and started a combination of Chemo treatments & Biologics (Rituximab) later that month.  The claims process was started in August.  My last chemo treatment was December.  Scans in Jan showed the cancer was in remission, but I will continue to be treated with the Rituximab drip every 2 months for 2 years.

I am not using the VA for treatments, but instead going through Medicare and supplement policies provided by my employer.

I received a letter from the VA for an evaluation.  My question is, what are the regulations regarding the disability ratings and length of time?  I read somewhere that compensation continues for 12 months after treatments, but the definition of treatments was not spelled out.  Really would appreciate some clarity on this.

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Non-Hodgkins Lymphoma is diagnostic code 7715. It is rated at 100% for two years after end of treatment

Note: A 100 percent evaluation shall continue beyond the cessation of any surgical therapy, radiation therapy, antineoplastic chemotherapy, or other therapeutic procedures. Two years after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any reduction 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 recurrence, rate on residuals under the appropriate diagnostic code(s).

Of particular importance to you in your case is if your treatment is still on-going so the clock for two years hasn't started yet. If the every 2 months treatment of Rituximab is "treatment" (like as in therapeutic procedures), then just because the chemo stopped doesn't mean you are not still being treated. There is more to treatment than just chemo! What I would do is on my next visit with the doc, ask him some detailed questions about R and after his explanation, kind of slide into asking him if he agreed that it indeed was a continuation of the treatment and how long did he expect it to continue. If he agrees it continuous, ask him if he would be kind enough to put that in to his progress notes. Could come in handy if they try to short change you later. 

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Thank you for this reply.  Sorry to be so late in saying "thanks", but life got complicated.  Had a C&P exam in December, and still waiting to hear back.  Appreciate your help.

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On 1/31/2022 at 5:19 PM, jbasser said:

I just listened to this broadcast.  Very interesting and informative.  I have a phone meeting with Dr. Bash next week. If I understand what I heard correctly, it is going to make big, positive effect on my future.  Thank you for sharing.

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