donnie

Berta, some additional answers to your questions. I have until June 2008 for the NOD. The DAV has been my service officer, but their help has been very limited. Thank you again, Donnie

Berta, Thank you for your help- it's great! I was diagnosed in May, 2005. Had surgery in August, 2005. Didn't apply until Jan 2006 - out of ignorance- not realizing the effective date would be the date VA receives the claim, not the date I was diagnosed or had surgery. For prostate cancer surgery, VA is authorized to pay 100% disability for 6 months following surgery. I was allowed only 1 month since the effective date was based on receipt of the claim, not the date of surgery or diagnosis. This is a double hit since I not only lose 5 months of VA, but I also lose 5 months of CRSC (Combat Related Specialty Compensation).My understanding is that both CRSC and VA benefits apply when 100% disability benefits are involved. That's why several thousand dollars are involved because of a ruling based on an administrative date instead of medical diagnosis/surgery date (the actual disability date). Again, I'm not asking for years of back benefits, I'm merely asking for benefits based on the date of surgery. That's why I inquired about the possibility of getting the effective date backed up based on 5110 (g) or through any other means.

Berta, yes it was pending in March 2006. I was notified in Sept 2006 of the effective date of Jan 2006. I don't' know what VCAA or Dingess Hartman letters are, but I don't think I received either. Thank you, Donnie

Berta, This is powerful information and good cases and examples. As I am a rookie, please tell me more about how to look up references to VBM and NVLSP. I'm not sure what these mean or how to find them. Thanks again, Donnie

Thanks for the information, Berta and LuvHIM. I thought I better clarify my question. I'm just trying to get retroactive award from the date of my diagnosis/surgery instead of the filing date of the claim. So we're just talking about five months . It's frustrating to realize that as far as the VA is concerned, if you want to get your full benefit, you need to take action from your hospital bed. Again, any and all help is appreciated. Thank you, Donnie. PS. Berta, not sure about the scanning - I'm a tech rookie.

Hi, everyone. Does anyone know if this regulation applies to prostate cancer cases related to Agent Orange? I applied for prostate cancer disability benefits approximately five months after my prostate cancer surgery. I was approved for disability, but the effective date was the date VA received the claim. I assumed the effective date would be the date of the cancer diagnosis or the surgery. Does anyone believe 5110 (g) could apply in my case? Section 5110 (g) states that it "authorizes awards retroactive for as much as one year from date of receipt of claims when awards are made 'pursuant to any Act or administrative issue" . I appreciate any help on this particular regulation or any other one that offers help in my situation. Several thousand dollars are at stake here since 100% disability benefits are normally granted for the first 6 months of the recuperation after prostate cancer surgery. Thank you! Donnie

I'm new and trying to get the hang of posting. Does anyone know when the VA recognized sleep apnea as a disability? Also, does anyone know how to get a C&P manual from 1989? Or any other manuals that were used that year? Thank you for your help or steering me in the right direction. Thank you, Donnie