Errors by the adjudicator are frequent at VA - go straight to DRO Process appeal

Jim,

I have read two articles from your website and VA watchdog stating if you were awarded 100% disability from the VA for prostate cancer as a result of Agent Orange exposure while in Vietnam you would not lose the 100% rating until you were cancer free i.e. cured by surgery, radiation treatments, etc. On April 6, 2011 I applied for disability after a biopsy showed that I had prostate cancer Gleason score 3+3. In late May, 2011 the Cleveland, OH awarded me 100% disability through the "fast track program". The disability was retro to May 1, 2011. In December, 2011 I received a notice that a C&P would be conducted over the phone with a VA doctor from Cincinnati VA hospital. At her request I sent her my latest office notes from my Urologist from my September 2011 visit. The C&P call lasted about 10 minutes. She agreed that the 'watchful waiting treatment" was the proper protocol for the time being. On April 7, 2012 I received notice from the VA that proposed changing my disability rating from 100% to 0% effective in 60 days. The letter stated that I was in REMISSION and my PSA has dropped .2 from my previous PSA. I have seen a VSO and have sent a letter for reconsideration to the VA. The VSO told me he would be surprised if the VA changed their determination. Along with the letter of disagreement I sent a letter from my Urologist stating that my recent PSA in March of 2012 had rising by .5 and he planned a biopsy in early 2013 to determine how fast the cancer may be spreading. Nowhere in his letter did he mention anything about the cancer being in remission and I find it hard to believe that a 10 minute phone C&P could make that diagnosis.

In closing it seems that the information on the VA Watchdog and you website may no longer be the correct information or the VA have made a very bad decision on my case.

Reply:

Seeking "reconsideration" isn't a tactic I ever recommend. I advise that the vet go straight to DRO Process appeal.

Beyond that, the information I've provided is correct. If you have cancer, you will be rated at 100%.

VA wrongly says you don't have cancer. Were that true, you would receive a 0%, 40% 0r 60% rating for residuals. The VA has made an error in the adjudication of your rating. As you point out, you aren't in remission and you haven't been cured in any way.

Errors by the adjudicator are so frequent at VA that this one doesn't surprise me at all. I've seen this happen to any number of vets like yourself over the last few years. That you've asked for reconsideration may fix the problem. If it doesn't, then you should go the more formal route of a DRO Process appeal.

As a rule I stand by everything you'll find on my site. I've made some errors in the past and I immediately correct them when I do. So...you can depend on what you read there.


Source URL: https://dev.statesidelegal.org/errors-adjudicator-are-frequent-va-go-straight-dro-process-appeal