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Q474:  I have prostate cancer and I had my prostate removed, but my cancer is still there but hasn’t grown any.  The VA removed my 100% to 60%.  I don’t understand why cause my cancer is still there and I still go every 6 months to see my doctor and get blood work also. What do I do next to get my 100% rating restored? Thank you.

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A1:  Like for each and every rating award you must follow a process that begins with filing a claim. If you received the change in rating notice within the last 12 months then the form to use is different for an initial claim and if approved may get automatically retroacted. All rulings are subject to your protest but may not be approved. That would make it a new denial and itself can be protested and the time line is not broken. If your claim is beyond 12 months from denial it would be treated as a new claim and retroaction may not be possible but once approved, a request for retroactive dating can be submitted. But, you, yes, you have to act on it in a diligent manner. Help is available through Veteran Service Officers within the VA and in Veteran Organizations such as VFW, DAV and the like. Act quickly and diligently. Best Wishes.  (GC)  7/22/20

    

A2:  As long as your prostate cancer is "active" you should be 100%. Once the cancer has been treated, however it is done, then they rate you on the residuals, ie., voiding dysfunction. Your doctor can provide a letter stating that the cancer is "active" and you can file a supplemental claim for the increase.  (DS)  7/22/20

       

  

  

  

  

  

  

  

        

  

     

A3:  Most likely you were paid 10% for a short period of time while you were having your prostate removed and recovering. 60% sounds about right for loss of prostate and the cancer. Unless you have other problems to claim to get back up to 100%. Unless your condition keeps you from working then you could try to go unemployable that pays 100% but blocks you from working another job. Hope this helps.  (CM)  7/22/20

      

A4:  Go back and get reevaluated. However, if you are found to be better, you might get your evaluation cut.  (EA)  7/25/20