Question:
Jim, I'm a Vietnam vet, I filed for disability compensation for prostate cancer in March 2021. My prostate was removed 7 months prior in Aug 2020. I have an appointment for the C&P exam on Wednesday of next week. My question is this: Since the VA is just getting around to getting me an appointment because of their backlog ( and I live in Germany) will they give me any kind of back disability compensation pay for this or any of the other illnesses that I'm claiming such as, ED, glaucoma, increase in hearing loss, flat feet, and high blood pressure? The hearing loss is the only thing that can connect directly with my medical records while I was in the army. The other issues occurred after my 30 years of service. Thank you in advance.
Jim's Reply:
When we file a claim for a service connected disability we trigger what is called the effective date. That is the date that your claim will award your benefits to if you are successful with your claim. If your claim were to be denied and you appealed within the next year, the effective date would remain as is. If you don't appeal in that first year the claim is permanently closed and the original effective date is lost.
The effective date of a claim isn't when the disabling condition began but rather when you file the claim. Your VA rarely infers a claim...if you don't formally file a claim for a specific disabling condition, VA won't often do it for you.
Your claim for prostate cancer shouldn't be an issue as prostate cancer is associated with exposure to agent orange and presumptive to the Vietnam veteran who served with boots on the ground in the RVN. However, you missed the 100% temporary rating that you'd have had if you had filed at the point of treatment. That's usually awarded upon treatment for recuperation, 6 months or so, if you've filed a claim and then it's reduced to a lower rating to reflect any lasting conditions.
ED is common after prostate cancer treatment and that will award you 10%, the max...if you claimed it as secondary to the prostate cancer. Hearing loss and tinnitus are common in the Vietnam veteran with a CIB. All too often VA doesn't get it right the first time and an appeal is always worth your trouble.
Most claims that you make are yours to prove that the service connection exists. The Vietnam era veteran who claims arthritis as a product of basic training has a steep uphill climb to prove that. The Vietnam veteran who has an agent orange associated disease still has to go through the drill but the benefits are more assured.
Good luck sir.