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Old 04-20-2008, 09:06 AM
Junior Member
 
Join Date: Nov 2007
Branch: Army
Posts: 27
Default Mistake Made?

I go for a CP exam in a week. I am told to bring all of my private Dr.'s
medical records for the CP. I have already sent them to RO when they
were requested. Exam is 6 months after I filed.
I also visit VBN and there was one person there with a claim for Prostate cancer as is mine. He had his treatment, was called for a CP exam six months after
the start of his treatment, not his claim which was filed 3 months after his treatment and he was rated on his residuals and did not receive 100% as
code 38 called for. Since his situation is almost identical to mine, was a
mistake made or can they simply do this if they want?
My understanding was they give you 100% while under treatment and then you are called for a CP exam approx. six months after treatment is done for a
reassessment for compensation based on residuals. Am I confused on this
procedure?
I would appreciate any help or comments from anyone.
Thank you, Mike
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Old 04-20-2008, 12:52 PM
TinCanMan's Avatar
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Join Date: Jun 2004
Branch: Navy
Posts: 2,247
Default

It seems to me he would be entitled to temporary 100% under 38 CFR Sect 4.115b DC 7528 during treatment phase but he could not receive payment for treatment that occurred prior to the date he filed his claim or the earliest date they became aware of his claim. Hard to speculate about what should have been wrt some one else's claim when that claim is not available for review. Moral of the story is to file your claim at the earliest possible time.
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TinCanMan
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  #3 (permalink)  
Old 04-22-2008, 06:38 PM
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Join Date: Nov 2007
Branch: Army
Posts: 27
Default Thanks!

Thank you TCM for the prompt reply.
I had my CP for my claim for PCa today so will now enjoy the improving
weather and wait until I hear something in the future.
I will let the site know what happens when it happens.
Thanks again. Mike
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