Ten year rule for disability payments for PCa.
I was diagnoised with prostate cancer in June 1999. I applied for VA benefits immediately based upon agent orange exposure in Viet-nam. I was rated at 100%. The award letter said that a re-evualation...
View ArticleRe: Ten year rule for disability payments for PCa.
GAG wrote: Also be aware that VA cannot reduce your rating on the basis of one examination only. That's the law. ????? I think your off base here. This is not a simple reduction of a rating based...
View ArticleRe: Ten year rule for disability payments for PCa.
I met with a DAV rep last week. I have never heard of this one examination rule, nor did the DAV rep. mention it. The DAV rep. did file three forms on my behalf. ( VAF 21-8940, 21-686c, and 21-22). I...
View ArticleRe: Ten year rule for disability payments for PCa.
buds wrote: I met with a DAV rep last week. I have never heard of this one examination rule, nor did the DAV rep. mention it. That's because there is no one examination rule. The poster who said...
View ArticleRe: Ten year rule for disability payments for PCa.
Navy, I think that GAG might have been referring to 38 CFR 3.344 which limits VA's ability to reduce ratings based on improvement that is not sustained. This is not quite the same as the instant case...
View ArticleRe: Ten year rule for disability payments for PCa.
Buds, Its best you stick with your DAV rep - they understand VA laws and benefits quite well. He did exactly what I would have done. Though I might have suggested that you have your MD provide you...
View ArticleRe: Ten year rule for disability payments for PCa.
Also be aware that VA cannot reduce your rating on the basis of one examination only. That's the law. LET ME MAKE THIS AS CLEAR AS POSSIBLE -YES THEY CAN! I have seen this on the board a number of...
View ArticleRe: Ten year rule for disability payments for PCa.
Gag is correct. 38 CFR 3.44 provides: A rating that has been in effect for five years or more cannot be reduced without observance of the requirements of 38 C.F.R. §§ 3.344 (a) & (b). The...
View ArticleRe: Ten year rule for disability payments for PCa.
So I guess you should keep it in appeal for 8 years and it becomes permanent anyway.
View ArticleRe: Ten year rule for disability payments for PCa.
Gag is not correct. CFR 3.344 that I brought up is probably confusing to Gag because he doesn't understand enough about veterans law. He may have thought this CFR might apply to this case, or he might...
View ArticleRe: Ten year rule for disability payments for PCa.
Is the 10 year rule just for PCa. My husband was diagnosed in 1999 with NHL, 4 chemos 1 radiation. Never called in by the VA in all that time. Called in for exam, which was not physical, just...
View ArticleRe: Ten year rule for disability payments for PCa.
Ivac... Good. Im delighted you have such a great grasp of VA laws. So, Please enlighten GAG and I as to why 38 CFR 3.334, posted above, does not apply. I would be especially interested in the CFR,...
View ArticleRe: Ten year rule for disability payments for PCa.
Certain conditions are given temporary ratings such as most cancers--sustained improvement is not required based on 2 or more exams before a reduction is proposed.In the case of a TKR, the reduction...
View ArticleRe: Ten year rule for disability payments for PCa.
Malignant neoplasms of the genitourinary system 100 Note—Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall...
View ArticleRe: Ten year rule for disability payments for PCa.
He has B cell follicular NHL, which they beat down every 3-4 years & it comes back. According to his doctor & all we have read, it isn't curable. If doctors say it isn't curable & if it...
View ArticleRe: Ten year rule for disability payments for PCa.
Tish, you need to submit an NOD just having your doc send letters doesn't cut it
View ArticleRe: Ten year rule for disability payments for PCa.
I'm sorry, but I don't know what a NOD is.
View ArticleRe: Ten year rule for disability payments for PCa.
Tish wrote:I'm sorry, but I don't know what a NOD is.NOD-- notice of disagreement -- sent by claimant to notify VBA that the vet disagrees with the claim decision.You need to study up a bit on the VBA...
View ArticleRe: Ten year rule for disability payments for PCa.
Silverado wrote: Ivac...Good. Im delighted you have such a great grasp of VA laws. So, Please enlighten GAG and I as to why 38 CFR 3.334, posted above, does not apply. I would be especially interested...
View ArticleRe: Ten year rule for disability payments for PCa.
Silverado, them's your answers. Thanks Shelley, Kadena & of course Cruiser. Ivac
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