Benefits?

Question:

My father was a Vietnam veteran with Type 2 diabetes, prostate cancer, and ischemic heart disease. He was just awarded 100% disability in June of 2020 for the prostate cancer (he was already receiving around 50% for the diabetes and ischemic heart disease). He was originally diagnosed with the prostate cancer in December of 2018, however he did not know he could apply for this benefit. He only received one month of the 100% disability. Can I file a claim to try and have his prostate cancer disability back dated to December 2018? Also when he was awarded the 100%, the VA stated he should have been receiving an increase for his ischemic heart disease. Can we also go back and try and file for that as well? He doesn't have a spouse (he was divorced ) and has no dependent children or parents. My sister and I are adults.  Thank you for any help you can give us.

 

Jim's Reply:

Veterans disability benefits are awarded from the date that the veteran files for the compensation. There aren't any options to seek an earlier date because he didn't know he should file. 

I don't understand what you mean by, "VA stated he should have been receiving an increase for his ischemic heart disease", but the same rule applies...there is no benefit until the application is received and the date of receipt is the effective date.

 


Source URL: https://statesidelegal.org/benefits-6