Question:

Husband was dx with prostate cancer late 2018 and had postectomy Feb 2019. After dx he filed claim and was awarded temp 100%. His pathology report post surgery was pT3aNO, ECE, and 4 positive surgical margins. He was told by VA urologist that since his margins were positive,  he could elect for followup radiation but he decided to be monitored every 3 months. His psa has been >.01 after surgery and has continued to be>.01 for last 8 months. After recent C & P exam,  the decision came back to continue 100% disability due to active malignancy with follow up C & P down the road.

Does VA consider positive surgical margins to be active malignancy? We aren't sure what constitutes active cancer, maybe they are waiting for 12 months to pass with >.01. Thanks.

Jim's Reply:

I can't say why the C & P examiner made the decision to extend the 100% recuperation benefit for a year but he or she may have considered the evidence you speak of to make the decision. I agree that VA is waiting to see how things are going a year down the road...a good and reasonable decision for your veteran.