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%.  

[Signcavah]

5 hours ago, Vync said:

Cancer claims should -never- be at the bottom of any desk...

I just called the White House Hot Line got a casefiled to look into the delay...we'll see where this goes !! Thank you everyone for the suggestions.

[Signcavah]

Well something worked ! I got a call from my old VSO telling me to look at ebenefits. 100 % effective date7/17/2020.  Cannot figure the date out. I submittd the claim 21 April 2021.  Will wait for the letter and figure out what the benefits are.  Thanks to all who helped.

[Signcavah]

Not exactlysure what smc s-1 entails or entitles me too

Edited July 4, 2022 by Signcavah

[Phury & Rhage]

Congratulations!  I'm so sorry this happened this way. 

1st let me say for those who are following this (any Vietnam Vets), if you have confirmed herbicide exposure***, you shouldn't be at an exam for active prostate cancer.  Period.  Never, never, never.  Active prostate cancer is a temporary 100% evaluation.  As long as the cancer is active, it's a temp 100%.  Active cancer Vets are NOT supposed to go to exams for the cancer.  VA needs a confirmed diagnosis by biopsy and any statement by a treatment provider saying you currently have active cancer and those items should be submitted with your claim unless you are being treated at a VA medical center and then you note that on the application.

It's not likely to happen to you again (sending up positive thoughts), but if you or anyone your know with confirmed exposure develops an herbicide presumptive cancer, submit your claim ASAP.  If you want to know what language to use, I will be happy to help out.  Call the White House line and tell them you have active cancer from herbicide exposure and you need your money and rating done QUICKLY.  I've worked those White House taskings.  They are no joke and have very strict response timelines.

Here are some important Manual provisions and CFR references about this:

The diagnostic code(DC) for prostate cancer is 7528.  There is only ONE evaluation for prostate cancer - 100% (that's why VA doesn't need an exam - there is no question what the evaluation will be so current severity is already determined).

It's a temp 100 because there is an exam required 6 months after "treatment" stops.  The exam will evaluate any residuals of the cancer and its treatment (bladder, ED, scars, etc) as described in the note above.

The Manual describes prostate cancer in relationship to temp 100% as "indefinite".  VA doesn't know when your treatment will end when they 1st grant service connection for your prostate cancer.

                     

 

 

***confirmed herbicide exposure means you've already received a service connection grant for some issue based on herbicide exposure.  If you know you were there, but you are filing your first herbicide-related claim, the process takes a little longer usually because the claim has to be referred to a Centralized Processing Team.  Those folks only work herbicide claims and they produce the memo that goes in your eFolder that states you have confirmed exposure to herbicides.  You only have to go through that part of the process once.

 

I will talk about your SMS S in a separate post under this thread.

Great job getting this done and I'm so happy for you!

Phury

Edited July 4, 2022 by Phury & Rhage
grammar

[Signcavah]

The packet came today and made me even more confused. It says I may be entitled for an additional benefit for diebetes  and peripheral neuropathy.and to file as soon as I can.  I was denied for these in May of 2017 because they did not manifest within 1 year.  

I would not apply for the diabetes because I have managed to get my A1C down to 5.7  so am now just considered pre-diabetic.

I still have the neuropathy in both legs and feet but I am worried about filing another claim.  

Also I was denied for ED although I have been treated for it since 2018 at the VA. really ?

[Phury & Rhage]

Did VA concede your exposure to herbicides when you filed the diabetes claim in 2017?  The only valid reason for denying diabetes is that they didn't have/couldn't find the evidence to concede your exposure in Vietnam - or if examiner said you didn't actually have diabetes when you went for the exam.  Are you a Blue Water Navy Veteran?

By the way, when you get something from VA that says you "may be entitled" and recommends you file a claim - that is called a solicitation.  Except for individual unemployability (IU-different rules), VA is never supposed to "solicit to deny".  The decisionmaker that reviewed your file believes there is enough evidence to grant service connection for the diabetes and peripheral neuropathy.  They aren't allowed to solicit a claim (except IU) if there isn't enough evidence to grant.  Depending on your answers about my questions above, I can give you my take/recommendation...

Phury

Edited July 6, 2022 by Phury & Rhage