Service connected cancer is automatically rated as 100% on a temporary basis

Jim,

I most likely will receive 100% disability claim shortly for my presumptive prostate cancer claim ( combat Vietnam Vet). My question is: Will I have to go through a reexamination to maintain the 100%?

I decided not to take any of the VA treatments, but did decide on a new treatment called HIFU done out of the country because it’s not approved in the USA. My private doctor states that my PSA will still fluctuate, and any biopsy would show false cancer cells that are still remaining tissue.

This tissue could remain for years. Also according to the VA law: 3.327 Reexamination, sec (B) Compensation cases, 2) (IV) : In short “no reexamination for service related claim and 55years old Plus." Can you please clarify this section?

Reply:

Any service connected cancer is automatically rated as 100% on a temporary basis. Then, once the cancer is successfully treated, there is presumed to be no more cancer. Thus, if the veteran doesn't have cancer, he can't be rated at 100% for a cancer.

After treatments for cancer are completed, VA then will conduct a C & P exam to determine the "residual" effects of any treatments. This usually results in a rating of 40% or 60%. That rating will stay in place until the cancer recurs, if it does so. A recurrence will see the rating return to 100%.

Many veterans who have prostate cancer today are deciding on "watchful waiting" rather than traditional treatments. The veteran who chooses watchful waiting will remain at the 100% rating for life. The rating will always be temporary rather than permanent.

Please read

http://www.vawatchdog.org/prostate-cancer.html