Question:
I just received 100% for my bladder cancer from Agent Orange. What will I need to be able to keep it at 100%? My doctor says you are never cancer free.
Jim's Reply:
The rating is going to depend on the treatment. In The Schedule For Rating Disabilities we find:
7528 Malignant neoplasms of the genitourinary system 100%
Note: Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.
Then when we go to...
Voiding dysfunction:
Rate particular condition as urine leakage, frequency, or obstructed voiding.
Continual Urine Leakage, Post Surgical Urinary Diversion, Urinary Incontinence, or Stress Incontinence: Requiring the use of an appliance or the wearing of absorbent materials which must be changed more than 4 times per day 60%
So...if your urinary bladder is removed and you are given a "urinary diversion" your rating will be 60%. To be honest, it's going to be a challenge to keep your rating at 100% after treatment is completed. You can file for mental health and/or other physical issues associated with your cancer to keep your rating up. It's not at all uncommon to have an associated depression with such a disease. You can also file for TDIU if your cancer has taken you out of the workforce.
Good luck sir.