Renal Cell Carcinoma

Discussion in 'Cancer' started by litebright66, Jan 22, 2005.

  1. TinCanMan

    TinCanMan Active Member

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    I think it's time for me to back out of this. Perhaps Vike17 can sort it out. I have no clear view of what events occurred and when or who all the players are. You speak of "your doctor" but I'm not clear who you think is your doctor. Please understand, a C&P examiner isn't your doctor, but to answer your question, yes what occurs at a C&P exam should be communicated with the decision maker at the VARO because it was he that ordered the C&P exam in the first place.

    What I can tell you is that if your doctor can say it is at least as likely as not that based on your service medical records the cancer started in service and he can support it with sound rationale, it will probably be service connectible. Information from medical professionals other than a C&P examiner aren't necessarily transmitted to the RO even if they occur in the VHA system.

    If I were you, I'd go to the "release of information office" at the VAMC and get a copy of the C&P exam to see what they did send. I would also get my medical records at the VAMC and see what the doctors have written. It is often different than what the veteran says his conversations lead him to believe. Your C&P exam is not part of any medical record you might have unless they do things differently in Hawaii. Based on my service in Hawaii which was 40 years ago, that's entirely possible.
  2. SFC Ret

    SFC Ret New Member

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    Sorry if I did not dot my i's and cross my t's on this one.... :)

    I should have said the doctor assigned to my case that did the examination. I am on Tricare and they are my providers... thus, none of them are "my" doctors... I do not use an outside physician; medical care that I have gotten since discharge has been more than I can ask for.

    Thanks for the answer... something that I figured would be the case. Let me say this, the doctor that I consolled with, was very knowledgeable in the field of cancers and tests relating to them. I was very surprised that she took the time to call me after the exam to inform me what she found; I am sure not all examining doctors do that, but this one did.

    I may go and see what was submitted, but I trust what she told me and will wait until I get word.

    Sorry if I was not explicit in my posts... being rather new to this site, I now know that one should really put thought into their post before writing it... :D
  3. SFC Ret

    SFC Ret New Member

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    BTW FWIW - I reread my posts and I don't think I had ever claimed to have said "my doctor" and explicitly stated the doctor was with the VA. So please don't misunderstand but in this case, you may have assumed more than I had explained.

    Have a great day....
  4. TinCanMan

    TinCanMan Active Member

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    Regardless, we are not communicating. Recommend you see your VSO. He has access to more information than I do and doesn't have to assume anything. Good luck with your claim.
  5. SFC Ret

    SFC Ret New Member

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    Yes, I can see that...

    Like I said, not here to argue whether I am right or wrong... just tried to get some help. :)

    Darn Jupiter is in the way again... maybe Pluto can come to the aid....

    Have a great President's Weekend.
  6. SFC Ret

    SFC Ret New Member

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    OK - Update....

    Just so happens today I had my follow up with urology and oncology... both say that it appears that it was contained and they got all the cancer out; Hooray! Now, I just fall into the group of individuals that just do follow up exams every 4-6 months.....

    Got a letter from the VA a day before asking for a letter or proof of convalescence of more than 21 days in order for them to process the claim... since I had the appointment I asked the doctor for a letter stating my appoximate convelescent period for this type of surgery. To my surprise, it was longer than I had expected but met the requirements. I submitted the info to the VA since they are on the same grounds as Tripler TAMC.

    Again a lesson learned.

    Make sure you have ALL your documents before you make your claim as it will save you correspondence time. Since the VARO deals in snail mail, by submitting it all at once will save you days if not weeks of corresponding back and forth with them.

    Now it is wait for the verdict and rating.

    Aloha
  7. TinCanMan

    TinCanMan Active Member

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    Sometimes that's good advice and sometines not. It's certainly good if you have everything in your posession. but many times you can be waiting months for supporting evidence. In that case, waiting for everything can cost you lots of money because of a later effective date. The effective date of a claim is often the date the VARO receives your claim and is also the date you will receive backpay to. Depending on how long it takes to gather evidence, it could cost you thousands of dollars in back pay.
  8. SFC Ret

    SFC Ret New Member

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    Ah yes... If you are waiting for ALL your documents BEFORE making a claim, it may cost you. The point is, IF you think you may have a claim or actually have one, submit it; regardless of whether you have all the information needed or not.

    Point is that you submit your claim as soon as you can. Gather your information as you go, if needed.

    Sometimes the claim can go back as far as date of surgery or illness detected due to the fact that you may have been in convelescence and may not have been able to submit your claim. However, you won't know until you acutally submit the claim and under what circumstances.
  9. TinCanMan

    TinCanMan Active Member

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    Only if the surgery occurred in a VA facility. Whether one is able to file, or not, is irreverent.
  10. SFC Ret

    SFC Ret New Member

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    Tripler is not a VA facility (where I had my surgery), the VA Hospital is right next door. However, I filed regardless of that fact. Point is, it was service connected or related.

    BTW - the word is irrelevant not irreverent. :eek:
  11. TinCanMan

    TinCanMan Active Member

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    Yes, I'm familiar with Tripler, I was stationed at Pearl for 2 years in the 60's. Used Tripler a number of times. The point was you said the effective date would be the date of your surgery. That isn't necessarily so unless the VAMC referred you there. With limited exception, your EED will be the day you file although if you are hospitalized in a VA facility there's the possibility of an inferred claim and EED may be the date of hospitalization. They'll usually report hospitalizations of 21 days or longer in VA facilities but may not catch the shorter ones.

    Oh how lame, the spell checker chose the wrong word and I didn't catch it. sigh...
  12. SFC Ret

    SFC Ret New Member

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    LMAO - Everything that you have posted so far is so way off base. I don't know what your motives or agenda is, but it sure smells. Fact is, I never got referred by the VAMC to get my surgery done there. If you've read my posts from the beginning, you'd know that I had gone to the emergency room in Sept and approximately 10 days later had surgery to take out the kidney. VAMC had no response time nor did they even get involved with MY decision to have the surgery.

    Btw - I said the effective date COULD go back as far as the surgery date. I did not say that it would. Please do not put words into the posts when they were never there in the first place. :mad:

    You were better off not saying anything. ;)
  13. SFC Ret

    SFC Ret New Member

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    When I say can or could it is based on para 4.30 of Title 38 FCR where it states:

    "§ 4.30 Convalescent ratings.
    top
    A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section."

    If you have any comment on that and I am sure you will, please clarify the FCR position.
  14. TinCanMan

    TinCanMan Active Member

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  15. SFC Ret

    SFC Ret New Member

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    yep - you are the expert... :D

    thanks for correcting an ignorant as i....
  16. SFC Ret

    SFC Ret New Member

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    Last update I hope....

    Got my rating today as I expected...
    and figured out.

    100% Temp rating for 6 months then it drops to 30%.
    The total rating then will be 60%.

    Who knows what the future will bring; but I hope it doesn't change much more.:rolleyes:

    Well, my case is about done... will be lurking around from now.
  17. SFC Ret

    SFC Ret New Member

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    short update - been a bit over a year and all is well health wise... however, I am still working on my claim with the VA. Based on the verbiage in the CFR Title 38, Chap 4, et al inclusive, regarding malignant neoplasm of the genitourinay system, there is not so much read between the lines, but straight forward verbiage that states that after surgical procedure 100% rating shall continue with a VA examination after 6 months... however, the VA stopped the 100 rating after 6 months when there was nothing dictating that action... so it is going back and forth now with the VA. I have submitted a NOD in October but they have given me another letter stalling this after 5 months.... Hmmmm I wanted a hearing and still awaiting the proper forms to file.

    Point is - If anyone out there has had Clear Cell Renal Carcinoma and have been down graded from 100 to 30 and reclassed as kidney removal, you need to petition them to change your rating back to 100. Read Chap 4 4-115b,7528 - Malignant Neoplasm of the genitourinary system... you should find your answer in there. Let the VA rater know that only the predominate area can be used for rating purposes; as written in the Notes section in 4-115a.

    I will follow up later when I get my answers... this is far from over.
  18. TinCanMan

    TinCanMan Active Member

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    At this point, the only thing you can do is wait to hear from the VA.
  19. SFC Ret

    SFC Ret New Member

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    Still waiting... eom
  20. TinCanMan

    TinCanMan Active Member

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    I would either contact IRIS and ask what's up or have my VSO do it if I had one.

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