Bone Cancer

[Jbo]

I'm 100% disabled for prostate cancer and filing for SMC for stage 4 bone cancer.  I can't find what percentage it would be ratebale for and I have not been scheduled for a C&P exam.  I've submitted all CT scans &  MRI scans with letters from my doctors.

In addition I've also filed for diabetes 2, neuropathy, sleep apnea and tinnitus.  I've had a C&P exam for the diabetes & neuropathy with no decision yet also no C&P scheduled for the bone cancer.

My question..what is the secondary rate for stage 4 bone cancer would it be SMC-S  or somthing else?   Will I receive SMC-K compensation for all the additional issues ? 

thank you for any help

[Marine Corp 69/70]

 Jbo  Is your bone cancer from your prostate cancer it would be rated at a 100% also is it call Multiple Myeloma and are you a Vietnam Veteran diabetes type 2 and neuropathy are hand in hand, presumptive disability’s. Your would be entitled  to many SMCs you didn’t say when you served. Good luck Brother 

[broncovet]

Generally, Prostate cancer rating is temporary.  However, since yours has metasized to the bone, you should get to keep your 100 percent.  

A "very short" summary of SMC.  

1.  SMC S is housebound.  2 ways to get that, one is 100 plus 60, the other is housebound in fact, meaning you are "substantially confined" to the premisis.  

2. SMC L. Aid and Attendance.  Do you need the assistance of others for every day needs:  eating, bathing, bathroom, etc.  

3.  There is ALSO, SMC's for "loss of use" of body parts, including hands, feet, eyes, ears, reproductive organ, etc.  

      Since I have not read your file, I am unsure of what rating(s) you would be eligible for.  

      I also dont know your "sypmtoms".  Let me explain.  You get rated for diagnosis, but you get compensated for symptoms.  If I am diagnosed with depression, for example but have no current symptoms, I will get a maximum of zero percent for depression. 

      Same thing with Cancer.  You may have asymptomatic cancer..you may have no pain, no treament necessary, no loss of range of motion, etc.  I dont know what your symptoms are.  

[Jbo]

I served in Vietnam from 1966, 1968 and I've been getting 100% diability for 20 yrs.  My cancer has now metastasize to the bone I'm not sure of the clincal name the doctors in my letter it's  stage 4.

Hopfully I'll be rated SMC S for that. Will I be eligible to file for SMC K for the other issues, diabetes 2, neuropathy, sleep apnea and tinnitus.

Would it move me into another SMC 

[Marine Corp 69/70]

 Jbo   If your neuropathy is bad like bilateral drop foot you may be entitled to SMC L or SMC K depends on how bad the foot drop is. Read up on the different SMC an see if your disability’s fits the SMC. Hope everything go good for you fighting the cancer.     Semper Fi Brother 

 

[broncovet]

SMC regulations are here.  You can skim through and see if one or more apply to you:

https://www.law.cornell.edu/cfr/text/38/3.350

[Berta]

This BVA decision might help:

In part:

"ORDER
New and material evidence having been received, the appeal as to the issue of service connection for prostate cancer is reopened.
New and material evidence having been received, the appeal as to the issue of service connection for bone cancer is reopened.
Service connection for prostate cancer as due to presumed in-service Agent Orange exposure is granted.
Service connection for bone cancer as secondary to now service-connected prostate cancer is granted.
FINDINGS OF FACT
1. In an October 2014 rating decision, the RO denied service connection for prostate cancer and bone cancer; the Veteran did not appeal this decision nor did he submit new and material evidence within the one-year period.
2. New evidence submitted since the October 2014 rating decision goes to the basis of the prior final denial.
3. The Veteran is currently diagnosed with prostate cancer.
4. The Veteran’s duties while serving in Thailand during the Vietnam era required his presence near the perimeters of Ubon air base on which he was stationed, and Agent Orange was used to defoliate the air base perimeters during the Veteran’s period of service.
5. The Veteran’s bone cancer is caused by his prostate cancer."

And:

"In this case, the Veteran has a diagnosis of bone cancer since 2012, which has been medically confirmed as the result of his metastatic prostate cancer.  See April 2017 Medical Note from Vanderbilt University Medical Center.  Specifically, two private health care providers have noted that the Veteran’s bone scans, and a bone biopsy, reflect metastasis of his prostate cancer.  There is no competent evidence of record that contradicts this finding.
As such, all materials elements of the claim have been met by preponderance of the evidence.  Secondary service connection for bone cancer is warranted."

https://www.va.gov/vetapp18/files8/18128212.txt

This is a great award! The veteran fell under the AO Thailand regulations,

And the medical evidence asociated the link between the prostate cancer and the bone cancer.