Question:

I was diagnosed with prostate cancer within one year of when I retired after 34 years in boots. Does the fact that the initial appointment that led to the diagnosis was within a year of retiring generate any presumption of service connection? If not, do you have any suggestions for establishing a service connection? I deployed to AFG twice, but (outside of the burn pits in Kabul and Kandahar) was not (as far as I know) around any of the nuclear/chemical/biological stuff that might be tagged as a cause. Thanks.

Jim's Reply:

34 years active? I hardly know what to say. You're made of sturdier stuff than I was. It was the guys like you who kept guys like me from getting killed. Thanks.
 

Yes, there is a presumption of service connection by Title 38 here. You do not need to prove a cause, you just need to show that the disease was diagnosed within one year of separation. Prostate cancer is a malignant tumor that likely began development long before your discharge and even though it wasn't detected, knowing that prostate cancer is a disease that develops slowly over time, it's very like you had the disease for months or years prior to the end of your obligation.
 

Will VA award you the benefit without a fight? I can't predict that but you should go ahead and apply for the benefit. VA doesn't always interpret the rules correctly and this is one of the occasions they often fail. However I'm confident that even if you were required to appeal an initial denial, you'll eventually get the benefit and that will be worth your time. I'd offer that I believe you should file the claim as soon as you are able, tell them the diagnosis was within one year of separation and leave it at that. Don't muddy the water by claiming some HAZMAT influence, keeping it simple is best. Good luck sir.