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Jeffrey Smith

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About Jeffrey Smith

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    E-3 Seaman

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  • Service Connected Disability
  • Branch of Service
  1. Ok, since I don't seem to be getting definitive answers to the questions I have posed, let me try asking the 2nd question differently. VA regulation § 3.114(a) provides (in part): (3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request." Since I filed my claim on 2/16/2016 (well more than a year after the 1996 VA law that recognized Prostate Cancer has a presumptive association with Agent Orange), it seems that my re
  2. Sorry for my tardy response, but I have been away from my computer. Gastone Yes, I do realize the 100% is not permanent. For the present, my VA doctor has recommended "watchful waiting" as the prostate cancer is presently presenting as "slow growth" & will monitor it via PSA tests and/or biopsies. From my research, this is an acceptable method of "active treatment" so the re-evaluation shouldn't be triggered until this situation changes. Respecting your comment: "If you think your due an EED, have your VSO-Rep File a Official Review for CUE, request." - I am not sure if I am
  3. Hi Berta, With reference to your conclusion: "The answer is no", can you advise why I don't qualify? Respecting: "You sure might be correct on the missing month of retro but others will chime in on that" ... is there a way to bring this to the attention of others (I know sometimes people don't join an ongoing conversation if they see one of their Experts is already involved in the conversation ...) ? Thanks, Jeff .
  4. Hi Berta, To your question: " Did you file a formal AO prostate Cancer claim within the year the regulation became law?" ... the answer is no. As indicated in my initial post: " I was diagnosed with Prostate Cancer in early February 2016, filed a claim with the VA on February 16, 2016 " (well after the effective November 7, 1996 date of the liberalizing law). So, I don't think the other info you quoted applies to me ... So, I'm still hoping to find answers to the 2 questions posed in my initial post (but, again, hopefully better referenced in my 2nd post) ... .
  5. Thanks for posting, Berta. Not sure what that M21 link refers to ... can you clarify? My bad for quoting the wrong law. Searching Google for: VA "Disability Compensation" "Effective date of award" "Agent Orange" "prostate cancer" I find the 1st link refers to VA case law at: http://www.va.gov/vetapp08/files5/0836040.txt which provides: "As the veteran cannot be deemed a Nehmer class member, the effective date of the award shall be determined in accordance with 38 C.F.R. §§ 3.114 and 3.400. 38 C.F.R. § 3.816(c)(4)." Searching Google for "38 C.F.R. §§ 3.114" which (from above
  6. Hi all, I have two questions: A) I was diagnosed with Prostate Cancer in early February 2016, filed a claim with the VA on February 16, 2016 and received the VA's 5/17/2016 notice of Original Award of 100% disability rating due to Agent Orange exposure in Vietnam (1968-1969). I've done quite a bit of research (including here on hadit.com) trying to understand the VA's back pay provisions to make sure I'm being properly compensated but most of what I've found seems to be a lot more complicated than what I think is my pretty simple issue. The VA's letter itself is a little confusin
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