Question:

Jim:  I am receiving 100% disability until I recover from lung cancer surgery. I am over 70 so I know at some time in the future I will have a re-evaluation but was wondering should I get in touch with a veteran attorney before VA contacts me because I will appeal if I lose my disability and want to stay ahead of the VA Board. I am not doing well since losing my lung due to agent orange,  but know at some point VA will take my disability away.  Do you have any advice for me?

Jim's Reply:

It's very likely that you will be examined and then you'll receive a proposal to lower that temporary 100% rating to something lower based on the residual effects of the surgery. The permanent rating will likely be somewhere in the 40% to 60% range. There is very little that anyone can do about this...it's the law.  An interesting twist in the lung cancer rating is that many veterans are more comfortable after lung surgery if they are prescribed home oxygen therapy. Almost all doctors will prescribe home oxygen therapy with no problem and that will allow you to sleep better and be a bit more active. If you are prescribed home oxygen therapy, your rating will be 100% and remain at 100% as long as you have the O2 therapy. Any other conditions that are disabling (like sleep apnea requiring a CPAP) secondary to the lung surgery are rateable as secondary conditions and you should file for those conditions. VA won't do this for you, you must initiate the filing for additional disabling conditions that are secondary to the rated lung cancer.