Possibility of Changing Temporary Rating to Permanent

I was award 100% disability for CLL (Temporary) I am currently in the process of having to go through Chemo treatments. Since CLL is a cancer that never goes away (can be in remission) but still considered there, what in your opinion would be the chances of getting my rating changed to permanent? 

Reply:

The VA is required to use "The Schedule For Rating Disabilities" when making determinations about disability ratings.

http://www.benefits.va.gov/warms/bookc.asp#n

Your statement that "CLL is a cancer that never goes away (can be in remission)" isn't quite correct. If a cancer is in remission, it has gone away. While a remission may or may not be a permanent condition, while a patient is in remission, he no longer has a cancer. If he no longer has a cancer, he can't be rated as if he had a cancer. The law requires that the veteran patient who is in remission be rated according to the residual effects of the disease and treatments.

In The Schedule, you'll find the rating specifics for 4.117 - The Hemic and Lymphatic Systems.

http://www.benefits.va.gov/warms/bookc.asp#n

"The 100 percent rating shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no recurrence, rate on residuals."

The bottom line is that if your therapy is successful and you are declared to be in remission, your temporary 100% rating will be reduced to compensate you for any residual effects of treatment. Unless and until you have a recurrence of the disease, you won't receive a 100% rating, either temporary or permanent.