Question:

I am a USMC Vietnam veteran (1966-1967). In 2014 I was diagnosed with prostate cancer and filed a claim which resulted in a 100% temporary rating. I am currently undergoing watchful waiting involving active surveillance. Annually I receive a calls from C&P with questions regarding my condition and receive a follow-up letter maintaining the same rating. A reading of 38 CFR indicates that in service connected cases where a condition has existed for 5 years or the veteran is over 55 years of age, periodic examinations will not be scheduled. I have attached the relevant section of 38 CFR below. Is this relevant to my case? If so do I file an appeal requesting a permanent rating?

§ 3.327 Reexaminations.
(a)General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations.
Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.
(Authority: 38 U.S.C. 501)
(b)Compensation cases -
(1)Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.
(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled:
(i) When the disability is established as static;
(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

Jim's Reply:

While I understand why you'd like to have the PC rated as a permanent condition rather than a temporary condition, I don't know how to tell you to make that happen. VA rates all service connected cancers, particularly prostate cancer, as temporary conditions. VA is convinced that every cancer will be cured and every vet will recover. There is no formal pathway to seek permanence...no form or process exists. The way that it occurs is that you speak with the examiner during the next exam and convince that person to recommend that the rating be made permanent. By doing so you're more or less asking VA to trust that you won't turn right around and get treatment in a civilian setting and then not notify the VA about that.