Agent Orange & Prostate Cancer - How is back pay calculated?

[Jeffrey Smith]

Hi all,

I have two questions:

A) I was diagnosed with Prostate Cancer in early February 2016, filed a claim with the VA on February 16, 2016 and received the VA's 5/17/2016 notice of Original Award of 100% disability rating due to Agent Orange exposure in Vietnam (1968-1969). I've done quite a bit of research (including here on hadit.com) trying to understand the VA's back pay provisions to make sure I'm being properly compensated but most of what I've found seems to be a lot more complicated than what I think is my pretty simple issue. The VA's letter itself is a little confusing to me - excerpts follow:

 

• "Effective Date: 2/16/2016"

• "Payment Start Date: 3/1/2016"

• "Generally, payments begin the first day of the month following the effective date. When applicable, a retroactive payment, minus any withholdings, will be issued. Thereafter, payment will be made at the beginning of each month for the prior month. For example, benefits due for May are paid on or about June 1." 

 

I received payment for 2 months retroactive around 5/17/2016 and payment on June 1 (for May 2016). But it seems to me that if my "Payment Start Date" was 3/1/2016 (presumably for February), I should have had 3 months of retroactive pay (not 2), for 3/1, 4/1 & 5/1 before normal monthly payments began on June 1.  Am I correct here or am I misunderstanding something?

B) Maybe I'm looking in the wrong places, but I came across the following information from the " §3.114  Change of law or Department of Veterans Affairs issue", (a) Effective date of award that provides: " (3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.  (Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5110(g))" (this info was found at http://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookb/part3/s3_114.doc which I was referred to from this link: http://www.veteranprograms.com/id1757.html ("Section 4. Other Claims").  Since I filed the claim more than a year after the effective date that the law recognizes prostate cancer as presumptive under the VA's Disability rules, should my retroactive pay be for 1 year prior to the 2/16/2016 date of my claim?

Thanks for any help anyone can provide - you all are providing a great service!

Jeff Smith

[Gastone]

Jeff, of more concern right now, you realize the 100% is only temporary, right. After the Surgery or successful treatment, the 100% is up for reduction.

What's your treatment plan? Be prepared for the reduction.

If you think your due an EED, have your VSO-Rep File a Official Review for CUE, request. You'll still be able to NOD the Retro Date, as long as you file your NOD before 02/16/17.

Semper Fi

[Berta]

I felt I answered the EED "No"question twice and supported it with VA case law above.

I am leaving this topic so that others will help you.

[Tbird]

For your reference:

Historical Compensation Rates 1974 - 2004

How VA Calculates Your Retroactive Disability Award

[Buck52]

"Effective Date: 2/16/2016"

"Payment Start Date: 3/1/2016"

they are stating your effective date the date you filed  looks to me like your not going to get retro  because the start date for comp is the beginning of the next month.  so you should get a 100% payment with dependents on 3/1/16

YOUR NOT GOING TO GET 100% BACK FROM 1968/69 if thats what you think?

 you may have an argument about the EED as to when your Dr first diagnose you  or when the A.O. Cancer first arose  but you need medical evidence to prove it.

I could be all wrong but this is my understanding of it based on what you posted.

...............Buck

[Buck52]

Ms berta

you have a great post on this and your explanation is right on....its just that for some of us veterans we read the VA Law but don't really understand a lot of it.

Apparently it's happen here.

I know that it must be frustrating for you.

I've come to realize a lot of this information just repete its self as new veterans come to Hadit.

on some of the Pics  above the post Ms T has put a topic that maybe covered for the new  veteran to read...just clink on the pic.

 

[Berta]

It is VERY frustrating Buck.

This was the second time within a few weeks that someone was completely misunderstanding the regulations involving Nehmer /Agent Orange claim.

I don't have the time these days to search here for info others could easily find.

Everything they need to know about AO and Nehmer is here.

Actually everything they need to know to succeed in ANY type of claim is here at hadit.

I suggest that this veteran above contact NVLSP. They are the lawyers who won Nehmer.

National Veterans Legal Services Program

Washington, DC   1-202-265-8305

info@nvlsp.org