Question:
I developed prostate cancer and had my prostate removed prior to the Blue Water Navy laws going into effect. Upon passage of the law, I immediately applied for compensation, and was awarded 100% as is standard, then dropped down to 50% (including my dependent's 10%). I recently applied for anxiety and depression benefits secondary to prostate cancer, and was boosted up to a total of 80%.
My question: Since I have suffered the loss of a productive organ, erectile dysfunction, deformity, incontinence, and have basically become unemployable (teaching was my career), should I apply for 100%? I would not have these psychiatric problems had it not been for the exposure to known carcinogens. As a man, the loss of a productive organ is about the most significant loss one can experience. The argument may be that I should have applied for these secondary disabilities when I applied initially, but I was not informed that was even a possibility. My argument is that I would not have developed depression and anxiety had I not had prostate cancer caused by my service, so, even if I wasn't informed about secondary disabilities, the cause was apparent. Anxiety and depression do not suddenly descend on a person. Any advice? Thanks for what you do!
Jim's Reply:
It's entirely reasonable to file a claim for any secondary conditions that you believe were caused, contributed to or aggravated by the primary condition or the treatment of the primary condition. In the rating schedule VA ignores the mental health trauma of most cancer treatments and if you don't claim it, VA won't hand it to you.
Often enough you're going to need an Independent Medical Opinion (IMO) that agrees with you. Click https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html
Were I you, I'd file the claims soon. Good luck sir.