Prostate Cancer?

Question:

I was diagnosed with prostate cancer July 2020, in September 2020 my prostate was robotically removed. I was about to apply for disability benefits but realized since the prostate is no longer with me neither is the cancer. I have been left with incontinence and ED, am I a dog barking up the wrong tree?

 

Jim's Reply:

When an eligible (usually Vietnam) veteran learns he has prostate cancer he should apply for the disability benefit immediately. The diagnosis of prostate cancer (usually a biopsy) is all it takes to trigger the temporary 100% benefit you're awarded for having a service connected cancer when you file the claim.
 

Many men decline treatment these days in favor of 'watchful waiting' or no treatment at all. The veteran who chooses watchful waiting will retain the 100% temporary rating until he dies or seeks treatment for the cancer.
 

Once you have the cancer treated it's apparent you're no longer eligible for a 100% cancer rating. Veterans are seen a few months after treatment for a C & P exam to determine what, if any, residual disabling effects are left from the treatments. In the prostate cancer patient the most common residual effects are uncontrolled or barely controlled leakage of urine, increased frequency and urgency of urination, particularly at night, and erectile dysfunction.
 

Those factors will be used to determine the after-treatment permanent rating. The rating is usually 20%, 40% or 60% depending on how many absorbent pads you require each day.
 

You should proceed to file a claim for service connected prostate cancer as soon as possible. You're just over the one year mark for retroactive benefits. In other words, if you can explain the delay in filing your claim (COVID delays, etc.) you may (or may not) be eligible for significant back pay. In any case if you get the claim in now you'll be scheduled for a C & P and VA will take it from there.
 

If the result isn't what you wanted to hear, you can appeal with the help of an accredited veterans law attorney.  Good luck sir.