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Court Wins

CCK Helps Veteran Win Years of Backpay for Prostate Cancer Residuals

April Donahower

May 19, 2022

Updated: November 20, 2023

multiple sclerosis

Summary of the Case

The Veteran served in the United States Air Force from 1968 to 1976, with three years of foreign service.  In 2011, the Veteran filed their first claim for service connection for prostate cancer, bilateral hearing loss, and tinnitus.

Later that year, the Department of Veterans Affairs (VA) issued a Rating Decision granting service connection for bilateral hearing loss and tinnitus, but denied service connection for erectile dysfunction and prostrate cancer.  The Veteran did not appeal this decision.

CCK Takes the Case

In 2017, CCK joined the Veteran’s case as their representative.  CCK got to work right away, submitting an Intent to File form.  Then, in June 2017, CCK filed a claim for prostate cancer residuals, Parkinson’s disease with residuals, and esophagus dysplasia.

VA awarded service connection for Parkinson’s Disease and its residuals, but deferred service connection for prostate cancer, erectile dysfunction, and esophagus dysphasia.

In another Rating Decision, issued one month later, VA granted benefits for prostate cancer, erectile dysfunction, and Special Monthly Compensation (K).

Nevertheless, CCK knew the Veteran should be entitled to more benefits and filed a Notice of Disagreement.

CCK Appeals for More Disability Benefits

Later in 2017, the Veteran underwent a prostatectomy.  The Veteran was granted benefits for their status post-prostatectomy.

Then in March 2020, VA issued a Rating Decision granting benefits for cognitive impairment at 50 percent and loss of smell at 10 percent, both effective May 2017.  In a subsequent Statement of the Case, VA denied an increased rating for erectile dysfunction and an earlier effective date for SMC(k).

In April 2020, CCK filed a VA9 appeal, still pursuing maximum benefits for the Veteran.

CCK Wins SMC Backpay for the Veteran 

In August 2020, a Rating Decision granted an earlier effective date for the prostate cancer but denied either any increased rating or an earlier effective date for erectile dysfunction, SMC(k), and DEA benefits.

CCK appealed this decision to the Board of Veterans’ Appeals (BVA).  Finally, in December 2021, the BVA granted benefits with an effective date of June 2011 for service connection for erectile dysfunction and SMC based on the loss of use of a creative organ.  As such, CCK helped the Veteran secure benefits dating all the way back to when they filed their first claim.

About the Author

Bio photo of April Donahower

April joined Chisholm Chisholm & Kilpatrick in August of 2016 as an Associate Attorney. She currently serves as the Appellate Supervisor in our Veterans Law practice. April’s practice focuses on representing disabled veterans before the Court of Appeals for Veterans Claims.

See more about April