Question:
I served on a Navy ship, USS Newport News and made a West Pac ‘67&’68 for Tet Offensive. We are considered “Brown Water, ” whatever that means. I was diagnosed with Prostate cancer in 2008 and had a prostatectomy in 2009. My PSA is under control now as the number are not raising. Do I have any claim for disability?
Jim's Reply:
The VA believes that veterans who served in the inland waterways of Vietnam are eligible for agent orange benefits. The inland waterways were often muddy rivers, thus...brown water navy. Those Navy personnel who served on ships outside the inland waterways of Vietnam (in the blue water of the ocean) are not eligible at although there is legislation occuring that may change that. There's an interesting history of your ship The USS Newport News, CA148 in Vietnam here.
In any case, prostate cancer is an agent orange presumptive disease and that means you're eligible for a disability benefit. On diagnosis with prostate cancer the veteran is eligible to receive the 100% VA disability benefit until such time he has a procedure or procedures (usually surgery and/or radiation) to alleviate the active cancer. Once treatment is successful, the veteran will be reexamined and a new rating will be assigned based on the severity of any post-treatment symptoms such as leaking urine, erectile dysfunction and frequency of urination. The ratings are usually 40% or 60%, depending on how many adult pads must be used each day. Unfortunately, VA only provides benefits to the date you apply for them, not the dates of the onset of the rated condition or treatments. That means you've missed about 10 years of benefits...if you apply now, you won't miss more.