NATOPS1 Posted February 28, 2013 Share Posted February 28, 2013 Anyone have experience with VA reducing the benefit for Prostate Cancer (Agent Orange) after surgery that resulted in collapsed lung and total disability? I know the review is to determine if the reason for the rating (Cancer) has been eliminated which it has so I guess we must request benefits based on the disability resulting from the complications of the surgery? Thanks in advance… Looking at 38 CFR 4.16 - Total disability ratings for compensation based on unemployability of the individual. Quote Link to comment Share on other sites More sharing options...
Dan Wilson Posted February 28, 2013 Share Posted February 28, 2013 What is your actual disability rating? I know its somewhere between 60 and 90%, 100% Unemployablity is not the same as 100% P&T (Permanent and Total). What you need to do is file for 100% P&T, submit a letter from your wife (or whatever) and a friend stating that your totally buggered and cant do anything. Personal statements from a spouse is almost illegal for the VA to blow off. If you can get a P&T rating then its illegal for them to try and reduce you benefit - their not allowed to reevaluate you. They have talked about trying to reevaluate VN Vets for their P&T for PTSD and they can never get approval to do it. I will try to find my 38CFR and see what it says. Quote Link to comment Share on other sites More sharing options...
tinwhistle Posted February 28, 2013 Share Posted February 28, 2013 (edited) As with anything with the VA the devil is in the details. It is quite likely that VA reduced your benefit 'cause in thier mind the cancer is now gone. Have you had your review yet? If VA has not set a review, you need to request one, ASAP. At that review you need to make the case that you just did here, you're unemployable: and while your at it press them for P&T., permenant and total. You would have it made if you can get some medical or psyc. opinion in writing stating that you are unemployable and unlikely to ever be employable. If you can secure P&T with unemployable you will receive the 100% disability rate regardless of the rating you have, although you should strive for at least a 70% for other benefits. As I stated above there are a ton of details that can effect a VA rating, most of which can be found in the 38CFR, and if you Google 38CFR the whole shootin' match should come up. I truly wish you the best of luck, keep us in the loop! Chris Edited March 1, 2013 by tinwhistle Quote Link to comment Share on other sites More sharing options...
NATOPS1 Posted March 29, 2013 Author Share Posted March 29, 2013 What is your actual disability rating? I know its somewhere between 60 and 90%, 100% Unemployablity is not the same as 100% P&T (Permanent and Total). What you need to do is file for 100% P&T, submit a letter from your wife (or whatever) and a friend stating that your totally buggered and cant do anything. Personal statements from a spouse is almost illegal for the VA to blow off. If you can get a P&T rating then its illegal for them to try and reduce you benefit - their not allowed to reevaluate you. They have talked about trying to reevaluate VN Vets for their P&T for PTSD and they can never get approval to do it. I will try to find my 38CFR and see what it says. Haven't found P&T.. any ideas? Quote Link to comment Share on other sites More sharing options...
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