Question:
Thanks for taking the time to read this... I have a service-connected cancer that I've been up and down with for a few years now. One day I wondered if the VA could take away my P&T while was still on chemo. When searching, I kept getting the below results in some form or another: "If a veteran is service-connected for an active cancer, VA should automatically assign a 100 percent disability rating. This rating continues for as long as their cancer is active, and then for another six months following the successful completion of a treatment program (e.g., chemotherapy, radiation, or surgery). Six months after cancer treatment ends, VA will schedule the veteran for a Compensation & Pension (C&P) examination to evaluate the current status of their condition."
My attention hones in on the "FOLLOWING THE SUCCESSFUL COMPLETION OF TREATMENT" part. Basically my doctor wants to keep me on my chemotherapy treatment indefinitely, as he sees no benefit taking me off of it. So since I wouldn't ever be completing the treatment anytime soon, does that mean my P&T is safe so long as I continue the treatment? Thank you!4
Jim's Reply:
You aren't P & T.
P and T stands for Permanently and Totally disabled and by VA standards, you're are not Permanently disabled although you may be temporarily disabled. You have a 100% rating assigned and that is a temporary award that will be lowered when you are said to be free of cancer.
In theory your temporary benefit should continue as long as you're receiving treatment as you will still be treated for an active cancer. The reality of all this is that given the opportunity, VBA will do all they can to lower your rating.
You didn't tell me what sort of cancer you're fighting so I can't be too specific in my advice other than to say that you should be prepared to appeal any ratings you disagree with. As you go along you'll encounter the standard C & P exam where the examiner will do all he/she can to minimize your symptoms and lower your rating.
Don't forget about secondary conditions such as anxiety and depression during your therapies. You'll need a medical record that reflects those problems so talk to your doctor and file those claims.
VA has the attitude that all cancer can be cured and that residual effects of treatment are almost nonexistent. If you have scarring, mental health issues, chronic pain, a loss of mobility or any other untoward and unanticipated problems from your service connected cancer, you must file the claims and confront the bureaucracy.
Good luck sir.