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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19675
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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May a veteran get comp.from date of cancer diagnosis if it

Customer Question

may a veteran get comp.from date of cancer diagnosis if it was 9 mos.previous to the date he actually was informed of possibility to register a veterans disability claim , which was done then 9 months later ?
Submitted: 6 months ago.
Category: Military Law
Expert:  Marsha411JD replied 6 months ago.


Thank you for the information and your question. Unfortunately, effective dates for VA compensation based on a service-connected determination are set in statute. The effective date in most cases that involve claims filed after 1 year from separation is the date VA receives a claim or the date entitlement arose, whichever is later.

That means there is no exception built into statute for other situations, such as what you described. The date of your claim, in this case, would be your effective date unless you were filing within 1 year of your discharge. In that case, it would be the day following separation. You can see the VA's discussion of the law at the following link:

Please feel free to ask for clarification or follow up questions if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 6 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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