RETROACTIVE FOR MALIGNANT CANCER SECONDARY FOR A SERVICE CONNECTED DISABILITY

[BIG MIKE]

ILL TRY TO MAKE THIS AS BRIEF AS POSSIBLE.

 

SERVICE CONNECTED FOR SEVERE OLIGOSPERMIA IN 2000  20% ..GULF WAR ILLNESS

15 YEARS LATER..I GET TESTICULAR CANCER....LOST THE LEFT ONE FOR MULTIPLE CARCINOMAS IN APRIL 2015

3 CYCLES OF BLEOMYCIN , CISPLATIN AND ETOPOSIDE.AUG 2015 TILL NOV 2015

(RPLND) RETROPERITONEAL LYPHADENOPATHY TO REMOVE CANCEROUS LYMPH NODES  DONE MAY 5, 2017

C&P EXAMS DONE.. ON JUNE 2,2017... AND TESTICULAR CANCER, RPLND AND RPLND SCAR APPROVED FOR SECONDARY SERVICE CONNECTION  TO OLIGOSPERMIA. (MEN WITH OLIGOSPERMIA HAVE5 TIMES THE RISK OF DEVELOPING TESTICULAR OR PROSTATE CANCER)

IVE BEEN WAITING ON RETROACTIVE 100% DUE TO A MALIGNANT CANCER

 

MY QUESTION IS..WILL THEY PAY ME THE RETROACTIVE FROM THE TIME THE TUMOR WAS FOUND IN APRIL 2015 TILL THE PRESENT...OR WHEN THEY APPROVED TESTICULAR CANCER SECONDARY TO OLIGOSPERMIA ON JUNE 2 2017, OR PAY ME RETROACTIVE ALL THE WAY BACK TO 2000 WHEN I GOT DISCHARGED AND FILED MY ORIGINAL COMPENSATION FORM AND WAS APPROVED 20% FOR OLIGOSPERMIA AND NOW THE TESTICULAR CANCER SECONDARY WHICH IS THE WORSENING OF A  SERVICE CONNECTED PRE-EXISTING CONDITION?

 

I WOULD APPRECIATE ANY FEEDBACK AND I APOLOGIZE IF IM IN THE WRONG FORUM , THIS IS MY SECOND DAY USING THIS WESITE

 

[broncovet]

The short answer is that if I could figure out what VA will do, then I probably can figure out the next set of lottery numbers.  

You simply have to wait for the decision, and then appeal the effective date if its wrong.  

A little on effective dates:

Your effective date will be the Later or the date you applied, or the "facts found", which is the date the doctor says you became disabled.  

For a secondary claim, the effective date is the same:  The later of the day you applied, or the day the doc said you were disabled or had cancer.  

Now, there are some "special rules for Nehmer" and other presumptives.  I dont know if testicular cancer is a presumptive with Gulf War Illness.  If it is a "presumptive" then that may change the effective date in your favor.  Berta or others may know if testicular cancer is a presumptive for gulf war illness, I dont know, but think it is probably not a presumptive.  

You probably have access to your records, and I dont know what date you applied, and I dont know what date the doc said you had cancer.  

Its highly UNlikely you get an effective date back to when you first applied.  So, my advice is to wait and see what the effective date you get on the decision, and then decide whether to file a NOD on it or not.  Also, I would not make big plans for a huge retro check 15 years ago.  

Let us know when you get your decision and what it says (delete personal info), and we will try to help you appeal the effective date, if necessary.  

There is a provision when you file for benefits, if you file within a year of exit from service, you can get benefits back to the date you got out of service.  However, unless you had cancer then, you are unlikely to get benefts for CANCER back to your end of service date.  

[BIG MIKE]

thank you broncovet for your very through advise. i really appreciate it, as soon as i get the decision letter i will let you know the results or just mark out the personal info and post all of  it. it should be happening soon, I am represented by DAV and they said things are moving along great. I have teleconference call with them on this  Monday..thank you and thanks to everyone here..much appreciated