Prostate Cancer Rating
Question:
Hey Jim, you do an amazing job for Veterans. My question, I have prostate cancer, metastasis bone (so far). I filed claim recently. I'm assuming I'll get a 100% rating (Vietnam-boots on ground). Will they only give me a temporary 100% disability, or can they give me permanent and total? There is no cure and life expectancy range "not good"! If they give me temporary should I turn around and request total and permanent rating of 100%? DAV is helping me, kinda, but when I ask questions, they become defensive. I have an inquiring mind! Thanks.
Jim's Reply:
Your VA has always viewed service connected cancer ratings as temporary. Somehow they're convinced that every veteran will have every cancer treated successfully and within a few months life will return to normal.
You can't, "turn around and request total and permanent". There is no path for that request and all doing such a thing would do is to delay adjudication of your claim. That's actually not such a bad thing because all that a 100% P & T rating would do is to give your spouse some health care options and your children could use it for college. I'll assume your children are no longer dependents living at home and your spouse is likely already set with health care like Medicare.
So far as your chosen representative not answering your questions and becoming defensive, well...that annoys me. There is no reason for them to have an attitude and I hear this all too often. I fired them as my representatives many years ago. The BVA issues an annual report that includes who are the most successful representatives, you're welcome to do some research for yourself here https://www.bva.va.gov/chairman_annual_rpts.asp
As long as you have a detectable cancer you'll be rated at 100% but it will be a temporary rating. Good luck sir.