I am new to this forum and hope I am posting in correct spot, I was awarded 100% in Oct.2009 for prostate cancer, my award letter stated that I would receieve 100% until the VA scheduled me for an additional C&P exam. I have not heard from the VA since. My original C&P exam was done in Mar.09 which the letter stated was premature and that i would be scheduled asap for another to determine risiduals from the prostate cancer.I have called several times and even e-mail using IRIS and they keep telling me there is no future exams scheduled.I notified my VSO who told me it is not my responsibility to schedule myself for an exam and to document my calls and e-mails and he would do the same. I am still receiving the 100%.has anyone experienced this? need advice.
Dave M..I have a question, I posted my situation about my not being scheduled for a C&P follow-up exam following my treatment for prostate cancer and my still receiving 100% payments since October '09 and you said it is not unheard of to be held in that status for several years, if that becomes fact will the VA seek repayment? as stated in my last post I have contacted them via phone and IRIS sevral times.
Until they review a disability and make a decision, they can not reduce your compensation. If they fail to act, and it is not your fault that you are over payed for your disability, they can not seek back payment.
If they do not change your rating, you will not be over payed, as you will payed based on your rating percentage in force at that time. The one exception is that if you were required to notify the VA of a medical event and failed to do so, they might have a different view.
the last letter I had from the VA was my award letter stating that I was being scheduled for an C&P ASAP to determine residuals from my prostate treatment( which was surgery and radiation)and I would be paid 100% until I was examined.that was Oct '09.when I inquired the last time through IRIS I was told my claim was settled and there was no future C&P scheduled.
The exam is suppose to be after 6 months and I have not rec'd the 100% rating for 6 months per Title 38 which says:
7528 Malignant neoplasms of the genitourinary system Note—Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. 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 local reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.