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.