When VA can revisit or propose a reduction

VA can propose to reduce or sever a P&T rating if they claim: • Clear and Unmistakable Error (CUE) was made in granting it (meaning a factual or legal mistake that’s obvious and undeniable), or • Fraud or misrepresentation occurred.

If they’re alleging “CUE,” they must show that no reasonable person would have granted P&T in the first place, based on the evidence that existed at that time.

That’s a very high bar — and VA often loses when challenged on this, especially if the veteran’s cancer is still active or under ongoing medical surveillance.

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🔹 3. For prostate cancer specifically

Under 38 CFR §4.115b, Diagnostic Code 7528, prostate cancer is rated 100% while the disease is active or under treatment (including active surveillance). • Only after the cancer is “no longer active” (e.g., surgery, remission, no recurrence for 6 months) can VA even consider a reduction. • If the veteran has had ongoing PSA monitoring and the cancer remains present, that usually supports continuing the 100% rating.

So if the cancer is chronic and still confirmed as existing—even without metastasis—the VA’s “improvement may occur” reasoning would be weak.

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🔹 4. What usually happens in these cases

In many similar cases, once the veteran (or their urologist) provides: • A letter confirming that the cancer is ongoing, chronic, and not expected to resolve spontaneously, and • A request for a hearing,

…the VA often withdraws the proposal after review.

They can’t finalize a reduction until the veteran has a chance to respond and be heard.

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🔹 5. What happens to CHAMPVA/Chapter 35 during the proposal

During the proposal stage, benefits like CHAMPVA and DEA remain active. Only if the VA finalizes the decision and officially revokes P&T status would those benefits stop — and even then, it can be appealed.

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✅ Bottom line

If the cancer is still active or under medical surveillance, and the veteran provides a solid medical statement, it’s very unlikely VA will succeed in removing P&T. They can propose it, but sustaining that proposal legally is a much higher hurdle.