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

[Berta]

The VCAA letter says on top

IMPORTANT- REPLY REQUESTED

and then it spells out clearly what evidence you need to send VA to succeed in your claim.

It comes with an election form where the vet checks one of 2 boxes-

yes I want decision made on what you have or no I have more evidenve- or words to that affect-

dont have one in front of me-

The Dingess Hartmann enhanced the VCAA letter-

VA should have clearly informed you of the EED you could expect in the VCAA notice-

it certainly looks to me that you received these letters so all above might help someone else-

but

what is the significance of the Jan 2006 date that VA gave you?

and what was the date of diagnosis and subsequent surgery?

How much time is left to file a NOD?

meaning what is the date of the VA award letter?

"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."

Yes in most cases based on the clinical record and evidence that convalescence is required.

Do you have a service officer?

[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.

[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]

YOW CRSC too?

This DOES involve $$$$$.

Did you read my post to Donnie and AO vets re: Nehmer?

Did the VA state in any way that your claim was adjudicated under the Nehmer court order?

I wish you could post the decision-Sec 5110 helps you but only as it is regarded under Nehmer-

Were you diagnosed at a VA itself -

and do you get SSA disability benefits-

and if so-are they for the SC conditions?