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Ive had a total radical prostatectomy for agent orange related

 
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  • Answered by:psimmons
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Customer Question

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

 

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State/Country relating to question: North Carolina

Already Tried:
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.

Submitted: 405 days ago.
Category: Military Law
Value: $30
Status: CLOSED

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Expert:  psimmons replied 405 days ago.

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 21-1428

The 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.



Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10249
Answered: 4/2/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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