Veterans' disability benefits are compensation
for the veteran's impaired earning capacity and are intended
to "provide reasonable and adequate compensation for
disabled veterans and their families." They are not
supposed to be for the sole support of the veteran, but
can be counted in child support calculations to provide
for the veteran's dependents as well. If the veteran wasn't disabled, he would be earning an income upon which the
court would base child support; since disability benefits replace that income, child support can be based upon it.
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We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well.
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts.
Our goal is to ensure that you are awarded the benefits you earned with your service to our country.
We're here to help you take charge of your benefits, and that is all.
C&P Service Clinician’s Guide
Scheduled For A C & P??? Filing A Claim?
This is a must read for you!!!
I've been posting this again and again over the years
and it's still one of the best ways I know to win
your case. Published in 2002 the principles and much of
the verbiage still applies and is in daily use at the VA.
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%
Requiring the wearing of absorbent materials which must be changed 2 to 4 times per day...40%
Requiring the wearing of absorbent materials which must be changed less than 2 times per day...20%
Daytime voiding interval less than one hour, or; awakening to void five or more times per night...40%
Daytime voiding interval between one and two hours, or; awakening to void three to four times per night...%20
Daytime voiding interval between two and three hours, or; awakening to void two times per night...10%
(This is service connected prostate cancer.)
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.
Prostate cancer is the most common cancer among men (after skin cancer), but it can often be treated successfully. If you have prostate cancer or are close to someone who does, knowing what to expect can help you cope. Here you can find out all about prostate cancer, including risk factors, symptoms, how it is found, and how it is treated.
If you choose watchful waiting (many men today make that choice) your rating will continue at 100% temporary. You will have regular C & P exams to determine whether you still have cancer.
Your VA isn't really prepared for the recent trend to choose watchful waiting when diagnosed with prostate cancer.
The reasoning behind watchful waiting is simple. Most prostate cancers are very slow growing, men often die with prostate cancer but not of prostate cancer. The treatment for prostate cancer is brutal, surgery will often leave you leaking urine and impotent. Statistically you're more likely to die of another cause than you are your prostate cancer.
In the ratings schedule VA assumes that every veteran diagnosed with a cancer will choose to be treated. VA also assumes that every cancer treatment will be succesful and the cancer will be cured. Ratings for service connected cancer are always 100% and they are almost always temporary ratings.
Once you've declined treatment you have to be alert because VA will assume you've been treated even when you tell them you haven't.
After a C & P exam you may get a letter telling you that since your cancer has been treated and your symptoms aren't really present, VA is proposing to lower your rating from 100% to 0%. The examiner paid no attention at all to you when you told him you still have cancer.
Don't panic, this is pretty easy to resolve and you can DIY this one. You appeal promptly and that usually fixes the issue right away. In your appeal you briefly explain that you have cancer and that you have had no treatment. Bingo, that usually gets the job done.
No, you do not have to have any further prostate biopsies done to prove you have the cancer. VA can monitor your PSA and the lack of any records of treatment is enough to show you continue to have an active cancer.
Prostate cancer reduction-ratings (medical diagnostic codes) are confusing because often the patient has a 100%
disease cancer code for 6 months then the code is reduced and the reasoning is often unclear to the patient.
§4.115a Ratings of the genitourinary system—dysfunctions.
Diseases of the genitourinary system generally result in disabilities related to renal or voiding dysfunctions, infections, or a combination of these. The following section provides descriptions of various levels of disability in each of these symptom areas. Where diagnostic codes refer the decisionmaker to these specific areas of dysfunction, only the predominant area of dysfunction shall be considered for rating purposes. Since the areas of dysfunction described below do not cover all symptoms resulting from genitourinary diseases, specific diagnoses may include a description of symptoms assigned to that diagnosis.
Prostate cancer & the Future Exam
Thanks for the solid advice in the past. I received a 100% Compensation Rating in 2012 for Agent Orange Viet Nam Prostate Cancer. I had my first Reevaluation test in 2015 with a Contractor Doctor. He sent in some false reports saying I wasn't seeing a doctor and was in remission. I had all my info with me, which he didn't look at, I answered all his questions politely, and was denied. I appealed and won, receiving all back pay and started receiving checks again in march of 2017. It took 2 years for them to read my appeal, which was basically My doctors letter simply stating that he saw me regularly, that my cancer was not in remission, and was active prostate cancer. My question is, I have a Re evaluation C & P test coming up in 2018. Any advice for this C & P test, and how to avoid another failure?
Your story is very typical, this happens daily. VA rates all cancers as temporary. VA assumes every patient will be treated promptly and that every treatment will be successful and that every cancer will disappear. Once the cancer is gone they rate you on the residuals of treatment and most ratings for prostate cancer are 20% to a max of 60%. The post-treatment rating is usually based on how many absorbent pads the veteran must use each day to control leakage of urine.
I don't understand the disconnect. Active surveillance or "watchful waiting" is an accepted process in our modern era since the treatment for prostate cancer is often worse than the disease. I have to think that the C & P examiners must know about watchful waiting but if so, they don't explain that to the rater back at the regional office.
All too often the active surveillance veteran patient will have been on a prostate medicine for benign prostatic hypertrophy (BPH - or enlargement of the prostate) and the rater will see that and assume that is treatment for prostate cancer. But the patient has no symptoms, uses no disposable pads so the rating comes back as 0% service connected even though the veteran still has an active cancer.
This has been the status quo at VA for years. I've talked with dozens and dozens of veterans over the years who have had to do just what you did...appeal. VA has had zero interest in any fix to the problem...fixing this won't add to their bonus so why would they?
In the future, you can try to talk with the C & P examiner like he's a 6 year old. Carefully explain what you're doing and that your cancer is active.
Keep your fingers crossed.
The Vietnam veteran who served with "boots on the ground" in the Republic of Vietnam is generally eligible for Service Connected Prostate Cancer & Disabled Veterans Benefits once the medical diagnosis of prostate cancer is made.
Prostate Cancer Disability Benefits Questionnaire (Fillable)
File Type: PDF Issue Date: 06/01/2017
Revision Date: 02/2015 Total Pages: 3
Watchful Waiting or Active Surveillance for Prostate Cancer
If you are a Vietnam veteran (or any other veteran who believes your prostate cancer may be service connected for any reason) and you are diagnosed with prostate cancer, your first move should be to file a claim. Filing the claim sets the effective date and no matter how long it takes VA to sort out the claim, the effective date will ensure that is when your disabled veterans benefits will begin.
Your rating will be 100% but it will be a temporary rating subject to a future exam, usually 6 months or so after treatment.
Now you have choices to make. You can choose treatment (surgery, radiation, chemoterapy or a combo of all the above) or you can choose active surveillance...often called watchful waiting. More on watchful waiting in just a minute.
If you choose treatment, the rules you see above will apply. Your rating will fall from 100% to 60% or less determined by your symptoms of leaking urine requiring absorbent pads, the frequency of your daytime urination and the frequency of awakening at night to urinate.
Urgent Care Centers
One of the most important benefits you have today is
the authorization to use an urgent care center
near to you. But first, you have to
to take with you. Don't wait until you need this
benefit to prepare for it. Read this now,
print your papers and be prepared!
The Department of Veterans Affairs (VA) has taken
steps to maintain its leadership commitment and develop its action plan, but still needs to demonstrate capacity
and establish metrics to monitor and demonstrate
progress addressing VA health care concerns.
your disability claim
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you're thinking of filing a claim or initiating an appeal of a denied claim, this is your new best friend. The details of exactly what you need to meet a rating are here and in use every day. Yes, it's complex. Yes, it's cumbersome. Yes, knowing how to use The Schedule is a necessity if you want to file a successful claim. Go for it!
Vets being duped by Social Security rumor mill
Owe VA Money???
VA Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims -
VA Medical Malpractice Claims, Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
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The experiences of post-9/11 veterans differ from
those who served in previous eras. Post-9/11
veterans more likely to have been deployed,
seen combat, experienced emotional trauma
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
'How To Lie With Statistics'
You’re still eligible for VA mental health care
Lodging & Camping in southern Illinois with access to the Shawnee National
We offer lodging, camping,
stabling, corral, pasture,
access to a hunting lease and
discounts for America's
Can you help me with....
Family Medical Leave Act problems after husband's deployment
Vet being harassed at work
VA doctor malpractice
Child support arrears create hardship
68 year old veteran with cancer
When did the Vietnam era start
Radiation treatment for prostate cancer and now C& P exam
Diabetes claim secondary to OSA
Revisiting child support order
Gulf War veteran behavior found to be willful misconduct
All these and many more answers to your questions can be found at
Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog
and ask about veterans discounts!
A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.
The Department of Veterans Affairs (VA) Launchpad
App for Veterans (VA Launchpad) contains select VA applications (apps) for Veterans and their Caregivers.
New apps will automatically appear in the VA Launchpad when they become available. Organizing VA health information and resources into five categories, it quickly accesses and launches the VA app of your choice. With VA Launchpad, VA intends to save you time and help you better integrate available VA apps into your life.
Veterans Who Apply for Social Security Disabled-Worker Benefits After Receiving a Department of Veterans Affairs Rating of “Total Disability” for Service-Connected Impairments: Characteristics and Outcomes
A Few Of The Most Common Processes You Need To Know To DIY Your Claim
VAWatchdog Dot Org
When you claim that a disabling condition is caused by military service, you have to prove that allegation.
Or do you?
How to download VA benefit letters
To receive some benefits, Veterans need
a letter proving their status. Access and
download your VA Benefit Summary Letter (sometimes called a VA award letter) and
other benefit letters and documents online.
The Google IT Support Professional Certificate
The IT Support Professional Certificate, developed by Google and hosted on Coursera, can help you become ready for an entry-level job in IT support in under six months. No experience is necessary.
VA Releases Survivors Quick Start Guide
Reference guide to help during final
An IMO by an expert often makes the difference!
Overpayment? VA proposing to claw back
money from your benefits? Submit a Compromise
Offer to the Debt Management Center.
How To File a VA Disability Appeal
You have the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from other judicial appeals processes. Find out how to file an appeal.
Has VA medical care caused you an injury or other harm?
You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have
done this successfully in the past. There are strict time limits and draconian regulations to follow.
Get some advice today...call now!
The U.S. Department of Veterans Affairs
announced the launch of an online patient portal
this month that will provide service veterans
with digital access to their patient statements.
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits
Get your VA medical records online
Our online tools can help you view, organize,
and share your VA medical records and personal
health information. Find out if you’re eligible
and how to sign in to start using these tools.
So it's healthy, Right?
Your 2020 Guide to Social Security Benefits
Whether you’re claiming Social Security in 2020, have been collecting benefits for years, or are still decades away, here’s what you need to know about this critically important retirement program.
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Did you know that hearing loss and tinnitus are the
most commonly rated veterans disabilities? Did you
know that hearing loss and tinnitus can cause
other secondary conditions, particularly mental
health problems like depression and loneliness?
Just who do you think you are?
Stats about veterans.
Disclosure of Certain Protected Records
Without Written Consent - (VA) proposes to amend its regulations on disclosure of certain records. now authorize VA to disclose certain protected records to non-VA
entities (including private entities and other Federal agencies) for purposes of providing health care or performing other health care-related activities or functions.
How to ensure seamless care while traveling
How to file a VA disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
To meet the nexus requirement, the veteran must have an evaluation by a physician that will establish that the veteran is indeed disabled and also that his disability is as likely as not caused by his military service. There are two methods used to establish such a nexus; one is independent medical examination and the other is independent medical opinion.
For Better Brain Health, Preserve Your Hearing
Hearing loss is the largest modifiable risk factor for developing dementia, exceeding that of smoking, high blood pressure, lack of exercise and social isolation.
Give veterans more health care options!
Tell your lawmaker
Veterans deserve more choice
Do You Need
You are already authorized
to use an urgent
Physician - Surgeon - Veteran
Veterans Law Attorney
Create or update your will fast / 100% free
proxies, living wills and durable financial power of attorney.
All are free to use.
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Chronic Pain Is an Impossible Problem
A “safe” alternative to opioid painkillers
turns out to be not so safe.
Google Tracks You
and we don't.
DuckDuckGo apps block
Google's hidden trackers.
The world needs an alternative
Robert Wilkie <firstname.lastname@example.org> 855-948-2311
November 19th 2019
There Are Protections...When it comes to debt collection, disability income enjoys special status.