Prostate cancer and disability criteria
Dear Jim,
I was diagnosed with prostate cancer and had the Brachy implant surgery performed. My Dr.who was not a Va Dr. that performed the operation said it would be 2 yrs. before I could be determined as cancer free but in your Va watchdog article about prostate cancer it says that my disability will end after the procedure. How can that be?
Reply:
That's how VA works. VA relies on the PSA blood test as the standard to determine whether your cancer is "cured". Once you're treated, your PSA should fall pretty quickly. There isn't any reliable way to declare you as "cancer free" so VA uses the PSA test. It isn't very good but it's all we have. The alternative would be more invasive biopsies but that isn't a good alternative.
Your disability payment won't end, it will be reduced from 100% to 20%, 40% or 60%.
UPDATED 04/15/2013 Hey Jim,
I read the question that was posed about brachytherapy. I am a VA RVSR/QRS and wanted clarify that Veterans who undergo brachytherapy for prostate cancer are considered to be under active treatment for one year after the seeds are implanted. Six months after that, a review examination is conducted so that is a total of 18 months during time the Veteran receives a 100 percent evaluation. Once the examination is conducted and the Veteran's cancer is no longer considered to be active or is in remission,then a proposal to reduce is made. The Veteran has 60 days to submit any additional evidence to show the reduction should not take place (due process period) and then a final rating decision is made that implements the reduction but the actual reduction does not occur until two months after the date of the letter of notification to the Veteran that the reduction is final.
Bottom line, depending on when the Veteran files the claim, he may be entitled to up to 18 months at 100% and then an additional 4-6 months while undergoing re-evaluation and due process. This does not include the time the Veteran receives a 100% evaluation while waiting for a treatment plan to be determined (assuming the Veteran filed his claim as soon as the diagnosis was made).
(Signed)
VA RVSR/QRS