38 Usc 5110 (g)

[donnie]

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

[luvHIM]

Unless you were service connected at the time of your prostate cancer diagnosis for a prostate issue already, the retroactive reward generally applies to the date of your claim.

Now, I say generally because there is a form that veterans can complete to have a service connected disabililty date back to time of discharge, especially if they are seeking their records to reflect a medical discharge for medical retirement purposes. But that is another process altogether from filing your claim.

I'm new to this hadit.com site. But I have been doing research and studying the 38 USC for the past four years (filed my claim in 05/2003), which is now on appeal. Four years allows you a lot of time to do research. I was prompted to check out the retroactive reward policy because I was diagnosed in 2003 with a condition that my VA docs and private physicians are willing to testify in court had to begin in service. VARO awarded me service connection for lumbosacral strain chronic at 0% in 1984 but continued me at 0% in 2003. However, my medical team says that my actual diagnosis is lumbosacral strain due to Ankylosing Spondylitis active disease, which should be service connected and a rating increase is warranted. So, naturally I began to search on retroactive rewards. I can possibly get it dated back to the time I separated. But it is a separate process. Once my claim is granted, it may be the course I take next.

The following is another site you can visit. They may have some of the answers to your questions or be able to tell you where or how to file for a retroactive reward.

http://www.archives.gov/veterans/military-...ng-records.html

[Berta]

You are a Nehmer class action veteran-Donnie-

AO veterans come under the Nehmer Stipulation and court order.

That order blew prior retro regs for Nehmer AO vets out the window-

in many cases but not all. NVLSP (the pro bono lawyers who represnted Beverly Nehmer and won all this for AO vets) found the VA had withheld millions of retro money for many AO vets-

having said that-this large retro amount depended on many factors-

Did the VA-ever-in any past decision state you had prostate cancer as NSC ,rate it, and then note this on the decision rating sheet?

If so there is potential there for more retro but that too would depend on many factors-

"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" .

believe the best interpertation of this is -I will give personal example-

my husband filed for higher PTSD rating in 1992.(he was 30% SC)

He was granted 100% P & T in 1997 in a posthumous award.

His EEd was not 1992 but 1991.

It was the date of 100% PTSD SSA award.

If SSA has previously granted SSA disability solely for a SC condition- in many cases the VA will use that decision to grant retro for year prior to the claims date.

I cant determine yet if the VA owes you under this reg or under Nehmer- or any retro at all-

The complete explanation of Nehmer as to Retro is at the NVLSP web site at www.nvlsp.org.

Also Prostate cancer regs -as you know- have the Temp 100% criteria and are different in that respect to other AO disabilities-

Are you still within the NOD appeal period?

Something does seem wrong with that decision-

I would think your medical evidence alone supports a better EED.

Did you make a formal claim for the Temp Hospitalization?

Did you get this comp?

I also think this type of claim (Temp Hospitalization)must be filed within a year after the surgery and convalescence.

Let us know and I will try to check the regs and the Nehmer court order too-

By the way do you have a vet rep and if so- dd they advise you to file for the temp hospitalization and convalescence compensation?

these regs are found within 38 CFR 4.30 (2006)

TDCC requires at least one month of convalescense for SC surgery,

or the vet has severe post-op residuals (SC surgery) or the vet is immobilized by a cast.

I agree with the 6 months regarding this type of surgery and do feel that they owe you some money-

A TDCC rating can even continue for a year if medical evidence warrants it.

Did VA raise the convalescence issue at all and defer it?

I am not sure what is wrong in this decision but it does not seem right.

Your medical condition prior to filing the claim-in my opinion -warrants a better EED-

and also the temp hosp issue comes into play before,during and after the claim was filed.

I will access these regs and Nehmer and get back to you-but need to know- what was the date of this deicision, and

was this decision pending in March 2006 and did you get a Dingess Hartman letter as well as a VCAA letter from the VA?

If so what did these letters state as to your EED?

[Berta]

PS-would you be able to scan the decision (block out the personal stuff c file number etc)

and attach it to email?

[donnie]

Unless you were service connected at the time of your prostate cancer diagnosis for a prostate issue already, the retroactive reward generally applies to the date of your claim.

Now, I say generally because there is a form that veterans can complete to have a service connected disabililty date back to time of discharge, especially if they are seeking their records to reflect a medical discharge for medical retirement purposes. But that is another process altogether from filing your claim.

I'm new to this hadit.com site. But I have been doing research and studying the 38 USC for the past four years (filed my claim in 05/2003), which is now on appeal. Four years allows you a lot of time to do research. I was prompted to check out the retroactive reward policy because I was diagnosed in 2003 with a condition that my VA docs and private physicians are willing to testify in court had to begin in service. VARO awarded me service connection for lumbosacral strain chronic at 0% in 1984 but continued me at 0% in 2003. However, my medical team says that my actual diagnosis is lumbosacral strain due to Ankylosing Spondylitis active disease, which should be service connected and a rating increase is warranted. So, naturally I began to search on retroactive rewards. I can possibly get it dated back to the time I separated. But it is a separate process. Once my claim is granted, it may be the course I take next.

The following is another site you can visit. They may have some of the answers to your questions or be able to tell you where or how to file for a retroactive reward.

http://www.archives.gov/veterans/military-...ng-records.html

[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.

[donnie]

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

You are a Nehmer class action veteran-Donnie-

AO veterans come under the Nehmer Stipulation and court order.

That order blew prior retro regs for Nehmer AO vets out the window-

in many cases but not all. NVLSP (the pro bono lawyers who represnted Beverly Nehmer and won all this for AO vets) found the VA had withheld millions of retro money for many AO vets-

having said that-this large retro amount depended on many factors-

Did the VA-ever-in any past decision state you had prostate cancer as NSC ,rate it, and then note this on the decision rating sheet?

If so there is potential there for more retro but that too would depend on many factors-

"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" .

believe the best interpertation of this is -I will give personal example-

my husband filed for higher PTSD rating in 1992.(he was 30% SC)

He was granted 100% P & T in 1997 in a posthumous award.

His EEd was not 1992 but 1991.

It was the date of 100% PTSD SSA award.

If SSA has previously granted SSA disability solely for a SC condition- in many cases the VA will use that decision to grant retro for year prior to the claims date.

I cant determine yet if the VA owes you under this reg or under Nehmer- or any retro at all-

The complete explanation of Nehmer as to Retro is at the NVLSP web site at www.nvlsp.org.

Also Prostate cancer regs -as you know- have the Temp 100% criteria and are different in that respect to other AO disabilities-

Are you still within the NOD appeal period?

Something does seem wrong with that decision-

I would think your medical evidence alone supports a better EED.

Did you make a formal claim for the Temp Hospitalization?

Did you get this comp?

I also think this type of claim (Temp Hospitalization)must be filed within a year after the surgery and convalescence.

Let us know and I will try to check the regs and the Nehmer court order too-

By the way do you have a vet rep and if so- dd they advise you to file for the temp hospitalization and convalescence compensation?

these regs are found within 38 CFR 4.30 (2006)

TDCC requires at least one month of convalescense for SC surgery,

or the vet has severe post-op residuals (SC surgery) or the vet is immobilized by a cast.

I agree with the 6 months regarding this type of surgery and do feel that they owe you some money-

A TDCC rating can even continue for a year if medical evidence warrants it.

Did VA raise the convalescence issue at all and defer it?

I am not sure what is wrong in this decision but it does not seem right.

Your medical condition prior to filing the claim-in my opinion -warrants a better EED-

and also the temp hosp issue comes into play before,during and after the claim was filed.

I will access these regs and Nehmer and get back to you-but need to know- what was the date of this deicision, and

was this decision pending in March 2006 and did you get a Dingess Hartman letter as well as a VCAA letter from the VA?

If so what did these letters state as to your EED?