Dealing with VA for agent orange disability

Had prostate removal a couple of months ago because of cancer by private (non VA) doctor. I am a Viet Nam Vet and was around agent orange during my days in the service. I understand I can apply for disability payments due to this exposure.

I have received paperwork from the VA for this. Question is has anyone out there gone thru the application for disability and are there any pitfalls I should be aware of.

I assume I will need some sort of statement from the doctor on this cancer and my doctor does not seem to know what I need. What did others do for this statement.

The VERY first thing you need to do is get a Veteran's Service Officer involved - do not attempt to navigate the process by yourself (I tried.) My county in Texas has a paid full-time VSO that helped me through the claim process. Your city or county might have VSO, if not check with the American Legion, VFW, Vietnam Vets, or other vet organizations.

I second what John T said about getting your claim in pronto. You should submit an "Intent to File" immediately. You can do this online if you have a VA ebenefits account or can download and mail the form if you are not yet registered with ebenefits.

You need to do this ASAP, today or tomorrow if possible because you will be given a temporary 100% disability from the date of your filing with the VA. It will be paid retroactivaly to the day the VA receives your Intent to File -- even if you don't submit your actual claim until later. And since your surgery was a couple of months ago you have already lost a couple of months disability pay.

Here is a link to ebenefits.
/www.ebenefits.va.gov/ebenefits/homepage

Here is a link to where you can download and print an Intent to File form if you don't yet have an ebenefits account. This is a very simple form -- just your name SS#, contact info -- no need to even state the nature of your claim at this point, only to show that you will be submitting a claim later.

/explore.va.gov/intent-to-file

Once you have put a stake in the ground witn an intent to file, you can then take all the time you need to find a good VSO and gather whatever documentation you need to submit a complete application.

My luck with VSOs has been spotty. My town's veterans agent at the time of my initial clam wasn't reliable - and was eventually fired. But my local VA clinic had a guy who came out from Boston once a week, and he helped me file my initial claim.

I'd suggest if you have doubts about a potential VSO, you don't have to use only the one who works for your town or county. You can ask around and find one from the DAV, VFW, or American Legion, if your local agent isn't up to snuff.

I filed on my own for a return to 100% via ebenefits when my PCa became active again last year. As I'm recommending you do, I immediately opened a claim when my PSA hit a level that indicated biochemical recurrence. I completed the claim a month or so later after getting another PSA test and documentation from my doctor. The claim went through and was paid retroactive to the date of the VA's receipt of my intent to file.
Jim

I filed myself after treatment (cryo) outside VA. I got 100% from date of application until review of residual symptoms, about 18 months at 100%. Based on residuals went down to 20% for urinary symptoms plus $100 for ED loss of creative member.
VA was slow but helpful until review of residuals.

timbom said...

Texas Veterans administrator did not believe I would get complete pension as I had waited until after my removal of prostate to Claim. This just seems crazy as I will not only be penalized for the months I did not claim plus have benefits reduced because of this delay to file after I had my prostate removed.

What really pisses me is all of specialists I visited never mentioned this tie in

First I agree wholeheartedly with your second statement above. I missed most of my initial VA disibality when first diagnosed until a guy I worked with told me I needed to file with the VA. When I told my urologist and my primary care doctor that they needed to ask guys my age if we'd been in Vietnam, they were completely uninformed.

With due respect to your Texas Veterans administrator, I believe he/she is wrong about what you should expect from the VA. 1) Assuming you were boots on the ground in Vietnam the VA is required to assume you had exposure to Agent Orange and 2) if you are being treated for active prostate cancer the VA must presume you are under treatment for a condition that is service connected due to your Agent Orange exposure. Under their guidelines you should be compensated at the 100% rate from the time you file your claim (or submit your Intent to File) until you are called in by the VA for a Compensation and Pensions exam (C&P) with a VA doctor (who might be on the VA payroll or a private physician who is under VA contract). This usually is sometime from 6 months to a year after you have had your primary treatment (surgery in your case), which allows time for healing and follow-up PSA tests.

After you have a C&P exam your disability rate could stay at 100% if your cancer is still active and still under treatment (unlikely and certainly not the outcome you want). More likely your rating will be reduced to reflect any disability that might remain as a result of your treatment. The VA doctor will ask if you have any leakage; if you wear pads and if so how many per day; do you have to get up to pee at night, if so how many times; how often do you need to urinate during the day, do you have e.d. as a result of treatment, etc. Based the extent of residual effects of treatment, your temporary 100% disability compensation will be reduced to a lesser disability rating -- it could be zero if everything is back to as it was before surgery. More likely is a rating of 10, 20, or 30 percent or more based on the severity of your residual effects.

In my own case, after my temporary 100% I got a 10% rating (about $130 per month) plus another $100 or so for e.d. for years. I could have got more if I was inclined to embellish the truth, but that's not the way my mother raised me. I returned to 100% last rear due to return of active cancer. Also FYI VA disability percentages are not as straightforward as normal math would suggest. Although a 100 percent rating pays a bit over $3000 per month, a 50% rating pays about $900. So, if you're like most Agent Orange PCa patients, you will probably see $3000 per month for a few months and then something more like maybe $300 or $400 thereafter.

I see no reason that you would not be compensated at 100% until they call you in for a C&P. If for some reason you are not rated 100% from the time of your claim submittal to your C&P exam, you can and should file a Notice of Disagreement with the VA.

I suggest you go to vetsbenefits.net for more and better advice than I can give you.

Best of luck with your recovery and your post treatment results. And remember -- a low VA rating is good news.

Jim

Jim and John's replies were dead on perfect.

My mistake was filing on my own. Took me over 3 1/2 years to get approved. My Navy records were screwed up, and some were destroyed in the great records fire in WV back in late 70"s. I was turned down in SC VA on a minor technicality that couldn't be proved or not proved. So I appealed to DC, the SC VA told me I would never win. Lost first appeal, they took SC word. So with the help of an American Legion attorney, easily won. I got 100% paid all the way back to when I was dx.

Doing it again, would have let my local county VA office handle the entire thing. They have done everything for ever since.

Year later, had my first C&P. Met all requirements with my failed RP, failed SRT, and having metastatic cancer with steady rising PSA. That exam was done in SC. Nothing came of it.

Year later, had my 2nd one, this time in NC. Dr. said my case was a no-brainer, and didn't understand why the first dr. didn't make me T&P. He said as long as I was detectable he didn't care what my PSA number was. Of course mine is way, way over the .10 threshold. Asked me if I had any sex issues, gave him an honest answer of NO. To this day, have had zero ED. He said is sex the same? Said no, so he said he was giving me extra money for that.

Month or so later, got the letter, approved for T&P, 100% for life, no more exams, ever. Plus so many more benefits. They vary a lot state by state, but here in SC, very generous.

I no longer pay property taxes on my house and land
No longer pay property taxes on our two cars
Have lifetime tags on same cars, never have to be renewed
Wife has full health insurance with Champ VA (use to be Champus), great coverage, only 50 bucks a year deductible
Already have free gravesites a local Vets cemetaryf
If wife wants to go back to college, VA will pay 2 years or more
Free fishing and hunting licenses if desired
Plus more, all I can remember.

Moral: don't give up. Use your local VA resources.