Jim,
I am former USMC Staff Sergeant stationed in Vietnam during Agent Orange. I was diagnosed and treated surgically for prostate cancer in 2008. I just found out that prostate cancer is considered presumptive disease for Agent Orange. I am starting to file a claim, but a VA rep told me verbally that there will be no retroactive compensation. All I will be doing in filing a claim will be putting on record the fact I had the condition for future medical purposes, but no retroactive compensation is available because I did not make a claim within one year of diagnosis.
I know you can’t tell me definitively just on the above, but do I need to push for retroactive compensation. Doesn’t seem quite fair I would be limited in claim period.
Reply:
What the rep told you is true. VA operates on laws that are established by Congress. The rules that derive from those laws aren't always clear but this one is. The effective date, that is the date that benefits begin, start on the date that you file the claim. Benefits don't start on the date of diagnosis.
Whether it seems fair or not is of no consequence, that's the law. If you try to get around that somehow, you're going to waste a lot of time and come away very frustrated. I hear this from a lot of vets and while I agree it doesn't seem right, this is how the system works. Unless you have some very unusual circumstances about your claim, there will be no retroactive compensation.
VA will tell you that they reached out to you. For many many years now, the list of diseases...called the presumptive list...that are associated with agent orange exposure have been widely published. VA does have a responsibility to notify veterans of what's up but there is no mandate telling VA that they must notify every veteran as an individual. Although, had you ever registered with VA you would have been on a mailing list and received bulletins and mailings about health care.
I wish I had better news for you. About all you can do now is to make the claim, provide VA with the records of diagnosis and treatment and then let the system work. You'll eventually receive disability compensation for the residuals of your treatment, probably at a rating of 40%. If your cancer recurs, you should immediately notify VA and they will adjust your compensation upwards to 100% while the cancer is active.
All of this and a lot more is explained in detail on my web sites. Although you may have lost money by missing out on this one, now you have the opportunity to catch up and learn all the other benefits that are available to you. You're eligible for health care and a lot more. I'd urge you to read the stuff I've provided for you and all our veteran brothers and sisters now that you know that it's there.
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