hypertension Awarded 60% Prostate Cancer

[Laurie]

Hi everyone

Dad did get an award for his prostate cancer he applied for back in 1995. The VA awarded the 60% rectro to 1995. Went from NSC to SC with 0% rating last year. Won appeal and granted 60% for prostate cancer on Oct 3, 2005. No retro payment has been made as of yet. In 1995 Dad was 50% SC for skin cancers the other retro he recieved was retro to May 2001 to present.

According to my math Dad should have a new combine rating of 80% (60% + 50%) from 1995 to May 2001. This should of been a retro of 30% pay difference that Dad did not get and should be due. In the past the retro payments were in the bank before Dad ever got the letter from the VA.

Not sure why he has not gotten the retro payment yet- Called the VA and they said Dad's file is back at the rating team (I believe they are still working on the hypertension or scaring from the skin cancers claims) The VA said that the retro payment has not been worked for the prostate cancer as of yet but it takes time because they are backed logged. Not sure if the prostate cancer retro is slowed down by the VA still working on other parts of the claim, did the handicapped auto for Dad and the VA is also working on the Special Adaptive Housing.

Not sure to put something in writing to find out about the retro for the prostate cancer or not. Just hate to slow down what ever the VA is working on at the rating board. I know the VA is at least working Dad claims again and have been making good progress. I just don't want the VA to lose the fact that there should of been retro with the prostate cancer sixty days ago.

For those that do not know about Dad claims-

Dad retired from the Navy in 1970 getting 50% SC for skin cancer - Started prostate cancer back in 1995 due to Agent Orange - 1998 had major stroke due to DM II and Agent Orange won appeal in June 2005 retro to 2001. Still trying to get the VA to retro to 1998 when Dad had the stroke and was in the VA hospital for 3-1/2 months under the informal claims. Still have several issuse the VA is now trying to finish up on for Dad. Without the help of the people on Hadit Dad would of never won any thing for the Service Officers were tell him he was blue water navy and did not qualify for any benefits and would not help to even file an appeal. A fellow Vet met at a coffee shop said the SO were wrong and to file ourself. Got under the wire by 10 days to save the filing dates for Dad - Dad was awarded 100% SC PT in June. This just shows never, never give up and not to believe any SO. ONLY YOU AS A VET KNOWS YOUR CLAIM AND CAN WIN BY LEARNING AND UNDERSTANDING YOUR RIGHTS AND DIGGING FOR VA REGULATIONS AND LAWS. USE THE VA REGULATIONS AND LAWS TO WRITE YOUR CLAIMS.

Thanks in advance

Laurie

[Guest Berta]

Laurie- I am glad to see you here-

I am thinking that maybe the check amount could be correct-

if not, you could file NOD on what you stated here-

The VARos made many errors under Nehmer in the past but I think they have gotten much better-

(and people like you know Nehmer so they cant snooker too many AO vets anymore)

It is good news on the Prostrate cancer rating-

I know what you mean about calling this to their attention while the claim is still being worked on-

I am in same boat- have more evidence for my claim but it is awaiting another med opinion so I hesitate to send anything else-

maybe best to hold off until the actual check comes?

You sure have stated EXCELLENT advise here-

we have newbys here and I have to tell them that you had quite an ordeal, yet you perservered relentlessly and it was wonderful to see that you had success for your dad.

You were willing to read the regs in 38 carefully (and Nehmer sure isnt easy)

and also you carefully read the many medical criteria that involved your dad. You did all the leg work

And you didnt let your dad take No for an answer-

this is how a claim can succeed!

Using the regs and medical criteria, plus bonafide medical evidence and nexus equals Success!!!!

And again this is a case where some SO states VA lingo and incorrectly assesses a claim like it is the Holy Grail and they have been proven WRONG by YOU!

I showed my award letters in 1998 to my former DAV NSO in front of the lawyer for the DAV-

the NSO was shocked- he had never given me a single bit of support and continually put down my evidence on my two claims.

He also said I would never succeed on my FTCA claim and I won that too-)I changed my POA when the VARO said the magic words-"authorization" and "signatures" and I found other representation.

But my new local vet rep was very negative on my present claim in 2003-yet

here the vet rep (his boss) at the VARO who is handling my DRO review- said I should have succeeded already with the overwhelming medical evidence I had-

but VA is getting additional opinion.(to invent a new rare disease never seen before-and make medical history to get out of the claim or to properly medically assess it and grant it and agree with the 2 IMOS I had.)

It just goes to show how some SOs and vet reps are great but many are just lousy-and a veteran doesn't know who is who when they walk into a service org office.

Edited November 9, 2005 by Berta