Separate rating for Urinary Incontinence

[Paulette Salisbury]

My husband has a 60% service connected rating for Prostate cancer (post prostatectomy) It was 100% then VA reduced it to 60% after cancerous tumors were removed in a radical prostatectomy. He filed for Urinary Incontinence  as Secondary to treatment for Prostate Cancer following the reductiuon decision letter dated Jan, 2019. We have not gotten a decision on that claim. In addition, he filed for Penile deformity with loss of erectile power as Secondary to treatment for Prostate Cancer  with no decision being issued. On the same form, Bilateral Hearing Loss Increase was also filed. That disability has been denied as not being service connected. All 3 conditions were filed on the same form 21-526EZ by VSO, AMETS. within the year deadline on Jan. 9, 2020. 

I am under the impression that he should be entitled to an additional individual rating of 60% for Urinary Incontinence, DC 7527, and an additional 20% rating for Penile Deformity DC 7522. How can we get the VA to recognize these two additional disabilities and issue the appropriate decision letter? That would bring his schedular rating up to or over 100%. 

Any advice you can offer would be greatly appreciated.

[broncovet]

You posted:

Quote

 He filed for Urinary Incontinence  as Secondary to treatment for Prostate Cancer following the reductiuon decision letter dated Jan, 2019. We have not gotten a decision on that claim.

You further indicated he was denied an increase for hearing loss about the same time.  This is concerning.  Did the denial state the other issues were "deferred"?  The VA likes to do that..frankly we apply for benefits for conditions A, B, and C, and they only give a decision on C.  Unfortunately this can mean conditions A and B are "deemed denied".  

You need to get to the bottom of this.  

Here is how you can/should find out.  You should go back to your Amvets VSO and ask him to check VBMS records, which should show the current status of what is going on..that is, are your other issues "pending", or did they "disappear" like so many others in the VA system, including several of mine.  

If revisiting the VSO, OR if your VSO does not have VBMS access, then go to IRIS and inquire:

What is the status of the following 3 claims filed on Jan. 9, 2020:

1.  Urinary incontinence

2.  penile deformity,

3.  Hearing loss.  

    I also recommend filing a NOD on the hearing loss denial, and "include" the denials of number 1 and 2, above.  Reason:  CAVC has ruled that there is something called a deemed denial, and your appeal period begins to run.  So, even tho you did not get a decision on those, file a nod as the appeal period can begin to run.  

   My guess is your husband is unable to work due to incontince and prostrate cancer, but that is just a guess.  This means you should file an increase for tdiu as well as those you already file for.  

    Lastly, if your husband is incontinent, surely you deserve Aid and Attendance.  File for that, too, and you can get that "even if" you are his primary caregiver.