Metastatic Prostrate Cancer

[Aviationtech]

I just received an award of a 100% temp disability for the above mentioned illness. With another review in 6 months. The issue is, there was no mention of my incontinence problems by the CP examiner in the award. I have been having issues with this problem for a couple of years that has gotten worse since my radiation treatments. What will I need to do to insure they award a rating for this condition once they call me in for a review and adjustment from my present rating. Thank you 

[Berta]

This recent BVA decision has the ratings you need too consider:

( my note- the veteran received the 6 months 100% temp for this condition and was claiming residuals)

Also: "The March 2014 examiner opined that the Veteran’s prostate cancer impacted his ability to work as his urinary incontinence “proved too much to keep working”, and the May 2015 examiner indicated that the Veteran’s moderate level of urinary incontinence interferes with his activities of daily living and sleeping."

". Prostate cancer residuals The Veteran’s prostate cancer residuals are currently rated 60 percent disabling under DC 7528 which contemplates malignant neoplasms of the genitourinary system (i.e. prostate cancer). Under DC 7528, following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, a rating of 100 percent shall continue with a mandatory VA examination at the expiration of 6 months. If there has been no local reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant. 38 C.F.R. § 4.115b, DC 7528, Note. Here, the evidence of record, including as provided by the aforementioned DBQs, reflects that the Veteran has voiding and urinary problems, but there is no evidence of renal dysfunction. Thus, his prostate cancer residuals will be evaluated as voiding dysfunction. As applicable to this case, voiding dysfunction is rated as urine leakage, frequency, and obstructed voiding. Urine leakage contemplates continual urine leakage, post-surgical urinary diversion, urinary incontinence, or stress incontinence. A 40 percent rating is warranted for the wearing of absorbent materials which must be changed two to four times per day. A 60 percent rating is warranted for continual urine leakage, post-surgical urinary diversion, urinary incontinence, or stress incontinence requiring the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day. 38 C.F.R. § 4.115a. For a rating based on urinary frequency, a 40 percent rating is warranted for a daytime voiding interval of less than one hour, or if the disability results in awakening to void five or more times per night. Id. For a rating based on obstructed voiding, urinary retention requiring intermittent or continuous catheterization warrants a 30 percent rating. A 10 percent rating is warranted for marked obstructive symptomatology (hesitancy, slow or weak stream, decreased force of stream) with any one or combination of the following: post void residuals greater than 150cc; uroflowmetry, markedly diminished peak flow rate (less than 10 cc/sec); recurrent urinary tract infections secondary to obstruction; stricture disease requiring periodic dilatation every 2 to 3 months."

" The Board concludes that an effective date of December 16, 2012, for the award of a TDIU is warranted. The evidence of record reveals that the Veteran’s prostate cancer residuals have precluded him from being able to secure and follow a substantially gainful occupation since December 2011. According to his VA 21-8940, the Veteran’s work history has been in the field of accounting and process auditing. The record reveals that the urinary incontinence due to his prostatectomy requires too much disruption during the day for the Veteran to effectively perform the duties expected of him in the workplace. His incontinence also prevents him from receiving an adequate amount of sleep due to having to constantly wake up during the night to relieve himself which would prevent him from having the focus and concentration at work necessary to adequately perform his job. Given the above, the evidence is in at least equipoise as to whether the Veteran’s service-connected prostate residuals have rendered him unable to secure or maintain substantially gainful employment throughout the pendency of his claim for an increased rating for service connected prostate residuals."

https://www.va.gov/vetapp20/files5/20034273.txt

There are many other recent decisions at the BVA on prostate cancer and residuals.

In 2020 so far , there are 252 decisions and above is one of them. This will take you to a search for more:

https://www.index.va.gov/search/va/bva_search.jsp?QT=prostate+cancer+&EW=incontinence&AT=&ET=&RPP=10&DB=2020

Although BVA decisions are not precedent decision and they only apply to the specific veteran they are written for,they are also a good way to learn why the VA denies many claims and why they award many, for all types of disabilities.

 

 

[Berta]

I sort of remember you had a question sometime ago about Deck logs---???

Are you a Blue Water Navy Agent orange Veteran?

In any event I regret you have this disability but you did very well on the claim for the 100% SC temp award. By all means file for any residuals you can!

 

[GBArmy]

I might be wrong on this but Aviationtech has a temp 100% rating. After the 6 month waiting period the VA has to do a re-eval on residuals. It is possible you may get an extension on the 100% if the cancer is still active. During the re-eval,or C&P, is when you start to talk about the incontinence, etc. as to do so before is mute. There is nothing about that situation than needs to be addressed during this waiting eval period IMHO. One thing I would do is request enough pads as that is part of your evidence, so be sure to keep up on the quantity.