Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    143%
    $2,153.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

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


Question

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

Link to post
Share on other sites
  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder
On 6/3/2016 at 4:43 PM, Jeffrey Smith said:

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

 

"benefits may be authorized ", not will be authorized!   It's kinda like 54/40 or fight!

 

Link to post
Share on other sites
  • 0

Ok, since I don't seem to be getting definitive answers to the questions I have posed, let me try asking the 2nd question differently.

VA regulation § 3.114(a) provides (in part):

(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."

Since I filed my claim on 2/16/2016 (well more than a year after the 1996 VA law that recognized Prostate Cancer has a presumptive association with Agent Orange), it seems that my retroactive pay should be for 1 year prior to the 2/16/2016 date of my claim.  Berta has copied and pasted VA case law that she says supports her conclusion that the answer to this is "No".  However, I can't find the answer in what she posts as to why my claim isn't qualified, and she seems unwilling to be more specific.

Chuck75 - responded that: "benefits may be authorized ", not will be authorized!   It's kinda like 54/40 or fight! " Chuck, I take your point, but I am trying to find out what makes a claim such as mine fall in the authorized 1 year retro, or alternatively, what makes it unauthorized for same.

So, again, can anyone tell me the answer to that question here?

Also, I haven't had a definitive answer to my 1st question as to whether I was shorted a month in the initial retro payment.

I know I can pursue this by filing appeals with the VA but I don't want to waste my time or theirs if it's not justified. I'm pretty sure that I am not the first one to confront these issues so I was hoping to get guidance from those who have been down this road before and could provide links to governing laws.  I'm not trying to get retro pay I'm not entitled to, but I don't want to leave money on the table either.

Thanks for any assistance.

Link to post
Share on other sites
  • 0
  • Admin
On 6/18/2016 at 11:09 PM, Judy said:

Tbird, I see the link here for the Historical Compensation Rates (of) 1974-2004. Can you tell me where to find the rates from 1970 - 1974?

 ( Dr. Bash and I firmly believe we have won my CUE; waiting for decision of course) and I would like to find those old compensation rates. Thanks, Judy

Judy I could not find them either. Sorry.

Link to post
Share on other sites
  • 0
  • HadIt.com Elder

The  Agent Orange law is explained like this. Say you filed for prostate cancer under any theory (direct or presumptive) back in 1999 and were denied, the date is still preserved for you. I got a guy SC for DM2 after a prolonged fight in 2010. He'd filed for it in 2002 and was denied because he couldn't prove boots on the ground. Once he won on the presumptive, they granted it back a YEAR before he filed for it-i.e. 2001. If you just filed for it in 2016, that is the effective date but if you'd filed for it earlier, you would get that date even if it was before the disease was added to the list. 

This creates a problem. Should we all shotgun file for Parkinson's and lose but wait to come down with it? Or all the other diseases for that matter. It would guarantee an EED for any you develop afterwards.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines