Following Lung Cancer

[cathyjourdan]

Hi,

My husband has been receiving 100% for AO connected lung cancer..we knew it was temporary but were told he would have an exam to see if he had an residual issues and be re-rated or put back to zero.  Well we got a letter this week saying they decided not to see him and they said they will be taking him to zero three months from the date of the letter.  So he did not get the exam to be able to point out the residuals even tho on the review they did they actually have info about the residuals he does have.  The letter included a form 21-4138 With two big sections on it labeled "remarks".  So, I don't want to mess this up.  How should I proceed?  Should I just write that he has residuals, list them and copy the parts in his files that talk about it?  Or, should I go on e-benefits and apply for these residuals as secondary to the lung cancer?  Two different VA reps told me two different things.

I'd be grateful for any guidance.

 

Thanks.

[vetquest]

@cathyjourdanI would advise you to fill out the form 21-4138 and request he be continued for residuals, I would include copies of all pertinent medical reports with the important information highlighted and noted in your letter.  I write my remarks in a separate letter with footnotes and attach the medical reports as if it was a college report with an appendix and then say please see attached letter in the remarks of the form.  If you file for a new claim for residuals it might take longer.  This will probably go to appeal and I do not know if your benefits continue when appealing as in a normal reduction.  

Others will shortly be along to offer their advice.  I will close by saying never give up.  

[Berta]

Can you scan and attach the letter your husband received on this- (cover your C file #, name, address prior to scanning it)

It is quite possible the VA had significant current  medical evidence to warrant their proposed reduction, but still,  we would need to see the letter , as it contains their rationale , and also the Evidence List they used.

 

 

[biloxiblue]

4 hours ago, Berta said:

Can you scan and attach the letter your husband received on this- (cover your C file #, name, address prior to scanning it)

It is quite possible the VA had significant current  medical evidence to warrant their proposed reduction, but still,  we would need to see the letter , as it contains their rationale , and also the Evidence List they used.

 

 

Hi. Not sure how to do this but I’m going to try. 
 

I have scans but I don’t understand the URL for my scans???

[cathyjourdan]

Okay I've tried everything to figure out how to put the pics of the scans on here...no luck.

[broncovet]

Its evidence that wins claims, Cathy, mostly medical evidence, and much less our own opinions on our condition(s).    Do you have a (recent medical exam)?  Is that medical exam "favorable" demonstrating residuals?  I think VA was in the wrong there "assuming" his cancer got better without an exam.  Berta may suggest filing a CUE, and, that may be viable, but, at least you should file a NOD disputing this reduction.  

I probably would suggest going either SCL or BVA appeal.  (Dont do HLR because you will be having new evidence, likely).  

If you dont have a "favorable medical exam" (and you will need to review those exams to find out), then you will likely need a private doctor's opinion (IMO).  You will probably have to pay for those but if it means 100 percent, its surely worth several hundred or even several thousand dollars for that to happen.  

I should discuss these 3 options for you:

1.  You can represent yourself.

2.  You can get a Veterans Service officer.  If you do so, insist the VSO has "access to VBMS".  Reason:  You and your representative can know, in real time, what is in your file.  That is a huge advantage, as you will likely find out when you get some more experience dealing with VA.  (I have been fighting VA since 2002, and now have 100 percent plus SMC.  Yes, on 3 seperate occassions I hired 3 attorneys which were critical in winning benefits.  The amount I paid for attorneys was minimal, about 1000 dollars in total.   Mine is P and T, also.)  

3.  You can get a lawyer.  A lawyer will probably charge 20 percent of your retroactive (back pay) pay, provided that he accepts your claim.  

     Number 1 and 2 are "almost" the same, and you should decide if you can make the time committments for this.  If you are good at reasearch, organized, persistent, then you may be able to save some money with these.  

    However, if you are in poor health, you are not good at research, and dont have the resources, then consider a lawyer.  A lawyer "may" upfront the costs of the IMO for you.  In other words if the attorney feels you have a great case, then he may pay the cost of the IMO then collect it out of retro.  Some do that.