Question about retro

[MCCFR97]

I thought I read this somewhere the other day but I can't seem to find it. I have a speculative question so I'm looking for opinions obviously for my own knowledge. if you make a claim, then get denied, you do a NOD and submit further evidence. If you did the initial claim and you were diagnosed about 9 months earlier, can the DRO choose to make your retro pay from the day you were diagnosed?

Every claim is different but this is a cancer claim with a 100% rating if service connected, so in the medical world it's kinda cut and dry, you either have cancer or you don't and it's either service connected or it's not.

Also this Dr. Did the IMO and is a specialist in the field.

With this info and your opinion, would you humbly ask for this additional retro at the DRO? I read here someone said "it's not about the money, it's about the medical coverage", although true, an extra 9 months of retro, if it's in the power of the DRO, would....pay off a car? Or any number of other things that must be dealt with when this kind of diagnosis happens. To make this happen, Bring it to his/her attention? They don't have to give it to you and I would not fight it.

What's your opinion? I thought I read on here that a DRO can elect to give retro from the day of diagnosis but it could not be longer than 12 months. Or did I wish I read that....

thanks in advance for all opinions or thoughts both for and against....

Edited February 14, 2016 by MCCFR97
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[brokensoldier244th]

There are some conditions that, if claimed within a year of leaving service, are presumptive of service in certain areas or under certain conditions (http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc). Generally anything that you file for within a  year out can be considered service connected if evidence can be found for it in your SMRs. 

[MCCFR97]

I'm on there, (on the list of illnesses) but, I was diagnosed 20 years after leaving the service. Which is still no problem since medical evidence states the cancer may not manifest until 15-20 years after exposure.

so according to your pdf, I don't qualify since it was not a year since I left service.

thanks again....

[Gastone]

Retro is usually the File date of the new claim but can be granted on a facts found basis up to 12 months before the file date.

Any condition Medically DX'd within the 12 months after discharge, regardless of anything being in your SMR's, is considered a SC condition. I thought I read a yr or so back, I & A Vets are currently getting a 5 yr window after discharge for DX's, not sure.

Is your cancer on a VA Presumptive list, maybe AO? Many a Nam Vet, stricken with Prostate Cancer, was shocked when their 100% Temp SC was reduced to 30% about 3 or so months after surgery.

Semper Fi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[MCCFR97]

16 minutes ago, Gastone said:

 

Is your cancer on a VA Presumptive list, maybe AO? Many a Nam Vet, stricken with Prostate Cancer, was shocked when their 100% Temp SC was reduced to 30% about 3 or so months after surgery.

Semper F

Yes, my cancer is on the presumptive list (Miltiple Myeloma Stage 3), I actually knew nothing. Completely out of left field. No cancer in my family, and I'm way out of the demographics for this (like for my race and age group, I'm like less than .1% a year). It was a buddy from high school, who is an ICU nurse at UCLA who told me I should google "USMC and Multiple Myeloma" when I first go diagnosed last year. That's what started this journey. As I said, its just a question. For the VA I am not in one of the groups covered (that would be Vietnam Vets w/exposure to agent orange, or a marine who was at Lejune between '54-'84?) Somewhere in there, but I'm not one of them, which is why I fall in the boat of proving the nexus.

Yut...

[Gastone]

What rational did the Dr use linking your Cancer DX, to the Crotch?

What exactly are you claiming exposure to, while on active duty? Which presumptive list are you referring to, AO? Your MOS was?

Any chance you could post a redacted copy of your VA Denial Letter?

How's your Hearing?

Semper Fi

[toddt]

Effective Dates:

http://www.benefits.va.gov/compensation/effective_dates.asp