Vet with cancer missed the VA appeal deadline

Question:

Hi Jim, I had prostate cancer and have had a 60% disability from Agent Orange (Vietnam) since 2013. 3 1/2 years ago during VA scan they found a growth on my kidney. It was renal cell carcinoma (kidney cancer). I had the kidney removed but the cancer has moved to my lungs (stage 4 renal cell carcinoma, deadly with 5 yr. survival rate 8%). I'm being treated at Mayo Clinic in Minnesota (experimental clinical trial) so far so good. A couple years ago I filed a claim with the VA because this is aggressive cancer again in my urinary tract with no family history of similar. It was denied because it's not on the VA's list for Agent Orange. I was stupid and did not know to file an appeal within a year. What can I do now and how to go about it? Seems I just run into dead ends as any lawyers or anyone I contact says there is nothing they can do as the year to appeal has run out?? Thanks!! -

Jim's Reply:

You can't appeal because there is a one year time limit to appeal and you didn't file the appropriate papers.That you didn't know to do so isn't helpful, the time has passed and you will have to file a new claim. If I were you I'd file a new claim and as soon as I can, I'd get an IMO done to support my claim or claims.