I've had a total radical prostatectomy for agent orange related cancer less than 2 years ago. Have been receiving 100% disability monthly and was notified 2 days ago by mail that my disability rating will be reduced to 0% next month. I still have ED. Please advise. Thank you, XXXXX XXXXX
State/Country relating to question: North Carolina
nothing yet. Have a pre-surgical appt. tomorrow for knee surgery and need to know if I'll have to co-pay the surgery and related 3-6 day hospitalization.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.What you describe is common. THe VA commonly rates the vet at 60% or more after the operation and then, after 6 months, will decrease the rating. If you have not fully recovered? You have to go back to the VA and show them why. If you are still having impacts from the surgery or from the condition the VA can keep the rating up.You need to go back to the VA. You want to do this on VA Form 21-1428The best way to do this would be to work with your county Veterans Services Officer (VSO). They can help you properly support the request. You want to look at the CFR (code of federal regulations) that shows exactly how your current condition is still a disability. Get with the VSO, have them help you file a request to defer or forgive this debt.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).