Agent Orange presumptive prostate cancer claim files in April 2021 still waiting wondering if there is a problem

[Signcavah]

I was diagnosed with prostate cancer in early April 2021 by the VA. I am verified to being herbicide exposed in Vietnam by the VA. No one (VSO, Peggy ) seems to have a clue why this is moving so slowly. 

I just had another biopsy which again verified the cancer. I have a preop next week to plan  surgery to ease my urinary complications. My understanding was that this should have been a fairly quick process to complete this claim. e-benefits has been showing out for decision for several months. The woman at the Peggy number said she thought this was way to long for a decision and was going to write a letter to someone looking for an answer. I`m stumped  as to finding a way to get some sort of information. My VSO told me he could help then made a call to Peggy and put it on speaker for me. I was speechless. Thanked him and left ! 

Since everyone asks, my disabilities are hearing@ 50%,tinitis 10%.metaralgia 10%,PTSD 70% =90%.  

[GBArmy]

Signcavah

Welcome to Hadit. I'm sorry you are having such a hard time getting the disability. I'd call the White House Hot Line 855-948-2311. It shouldn't take this long. Best of luck brother.

[Richard1954]

I have no idea why it would take so long. My recently submitted claims are being decided within two months. Now in my opinion this is not usually good.  I have had to appeal every decision. Recently I was awarded Service connection for ED. But they were in such a hurry they did not grant a K award.  Yesterday I actually received a decision based on my appeal, were I claimed cue and requested a K award. Ironically, I received the pay( in a separate deposit) for the K award on the first of the month.  What stage was your cancer at? IE: 1, 2 3 or 4. Today in the news was a new cancer drug that cured colon cancer completly without any other treatment. They claim it could cure all types of cancer. I wish you the best, I personally know having prostrate cancer can cause serious problems.  I had a surgery commonly refered to as "rotar ruter" ,   but its surgical name is  Turp surgery were they go in cut the prostrate so that you can urinate again, but after this surgery I have problems daily, with leaking, so i have to use a pad. Still that is better than having to use a cather.

Edited June 26, 2022 by Richard1954

[Signcavah]

I am so frustrated with the local VSO who is supposed to be able to help me with my claims delay. He told me that his only job is to help me file my initial claim paperwork. He has told me that there is a state VSO who is in charge of all the local VSOs. I asked to get in touch with him to find out if there is a problem with the claim.  I also asked  for an email address or phone number for someone at the federal building in Providence RI. 

It seems that there should be a way to contact someone who could look at a claim and see if there is a problem. I had a very strange c&p exam with LHI right after filing the claim . The examiner was unable to access my diagnosis on her computer (she got all hung up with my injuries to my feet in the 60`s while in service). She would not look at the printouts I had from the VA hospital in RI. I called the VA from her office and asked records to send the records over to her right then. I was told that they could not get a fax  in that office or I guess an email.  

I have a feeling that the reason for the delay in deciding this claim has to do with the c&p.  It seems that there should be a way to contact someone at a higher level than this VSO. 

[GBArmy]

Signcavah You may be set up for a deny. Submit an inquiry to the R.I. veterans dept in writing. (https://vets.ri.gov/contact) Always make a copy of any correspondence to/from VA. Ask for contact for the county VSO. You want someone that can see into the system using VBMS, as you want to see what the C&P exam said, including the dbq that they filled out. The examiner for C&P doesn't make rating decisions, but the RO will lean very heavily on their write up, so if the examiner does the exam incorrectly, they just might find "no evidence to support" and not return for a more complete exam. Write down down what occurred as you may have to file a HLR. If they didn't have available the VA records at the hospital, then that is a failure to support by the VA. They would then ask for a redo on a C&P again with you to do it the right way. If you get no where, get a new VSO but be sure they have VBMS. You might get a service officer from say, DAV at the Providence VA for example. (I'm not advocating any VSO because some are good and some not so much. Interview them before you sign a new POW. Obviously, the VSO you have currently isn't going to do you any good.) This is YOUR claim; don't be passive.

 

 

[Dustoff1970]

I would very quickly find another VSO at the same or different VA Regional Office or VA hospital.  You would have to transfer POA to the new VSO but this is a single form filled out at your new VSO or by mail.  

What does VA.GOV website say about status of your claim.  Sounds like it is stuck in gathering of evidence status.  You can also file a VA Form Statement In Support of Claim (VBA 21-4138) and add a new argument/contention to support  your claim or you can send a new or duplicate copy of a medical record with the form in order to shake something loose (maybe??) with the VARO raters.

I have presently a BVA remand for heart disease increase still pending now for a long time at the VARO and they are supposed to treat BVA remands as priority but do not.

In January I had a LHI C&P interview record exam for the remand and just now informed of a new LHI exam this time for EKG/ECG soon in Sacramento for the same remand.  So, the knuckleheads know how to slowly drag everything out at their leisure.

My comment is not legal advice as I am not a lawyer, paralegal or VSO

Edited June 25, 2022 by Dustoff 11

[Signcavah]

On 6/7/2022 at 3:56 PM, Richard1954 said:

I have no idea why it would take so long. My recently submitted claims are being decided within two months. Now in my opinion this is not usually good.  I have had to appeal every decision. Recently I was adarded Service connection for ED. But they were in such a hurry they did not grant a K award.  Yesterday I actually received a decision based on my appeal, were I claimed cue and requested a K award. Ironically, I received the pay( in a separate deposit) for the K award on the first of the month.  What stage was your cancer at? IE: 1, 2 3 or 4. Today in the news was a new canccer drug that cured colon cancer completly without any other treatment. They claim it could cure all types of cance. I wish you the best, I personally know having prostrate cancer can cause serious problems.  I had a surgery commonly refered to as "rotar ruter"  but its surgical name is  Turp surgery were they go in cut the prostrate so that you can urinate again, but after this surgery I have problems daily, with leaking, so i have to use a pad. Still that is better than haveing to use a cather.

I appreciate your response. the Turp surgery is what they are trying to schedule for me in a few weeks. Anything would be better than peeing 15 plus time a day !!