Veteran Disability Cancer Claims
Our team of VA benefits attorneys is equipped to handle the nuances and challenges of veteran disability cancer claims.
Summary
- Veterans with cancer receive a 100% VA disability rating during active treatment and for six months after remission. The permanent rating is based on lasting effects of cancer or treatment.
- Vets exposed to hazardous environments, such as Agent Orange or Camp Lejeune water, automatically qualify for a service-connected disability for certain cancers without proving a direct service connection.
- For non-presumptive cancers, veterans must prove a medical nexus linking their cancer to military service.
- After a cancer disability claim denial, a veteran can appeal with a VA-accredited attorney. They help correct issues and strengthen claims, improving veterans’ chances of approval.
- Prostate, lung, and colorectal cancers are among the most common in veterans.
Undergoing cancer treatments is stressful enough without the additional burden of dealing with VA bureaucracy to secure disability benefits. There’s a better way to seek compensation for service-connected cancer: let VetLaw handle your appeal.
Our team can adeptly manage your veteran disability cancer claim while you prioritize your health. Reach out to us at (855) 239-9213 to schedule a free consultation or by submitting an online contact form.
We proudly represent veterans from all walks of life in VA claim appeals. Get in touch with our team to speak with an expert veteran disability claims attorney about how we can help.
Understanding VA Disability Rating for Cancer in Remission: What You Need to Know
If you’re a veteran dealing with cancer, figuring out how the VA rates your condition can be tricky, especially if your cancer is now in remission. During active treatment, you’ll likely receive a 100% disability rating. This typically continues for six months after remission.
After that, the VA evaluates any lasting effects of the cancer and its treatment to determine your permanent rating. Things like chemotherapy side effects or urinary issues can affect your rating. Knowing this process is crucial to ensure you get the right compensation for your service-related cancer.
If you’re facing a VA benefits denial or need help with your claim, reaching out to a VA-accredited attorney like VetLaw can give you the support you need to navigate the system and get the benefits you’re entitled to.
Have You Received a Veteran Disability Cancer Claim Denial?
If you are a veteran and have cancer, you could receive disability from the Department of Veterans Affairs. The process is time-consuming and often difficult, especially if your cancer is not on the list of presumptive cancers from exposure.
A VA disability claims attorney can help you get the veteran disability benefits for cancer that you deserve, even if you have received a previous denial from the VA on your claim.
If your cancer is not on the presumptive list for exposure, the VA could deny your claim for cancer if you did not provide the correct information or if you left some information out. To apply for a service-connected cancer rating, you must have a current cancer diagnosis and a medical nexus that links the cancer to your service.
Demonstrating Eligibility Based on a Presumptive Condition
Some veterans do not have to prove that their cancer was caused by exposure to chemicals in the military. Instead, they can pursue a presumptive condition disability claim.
If you served in a location that the VA recognizes as hazardous during specific times, and you have been diagnosed with one of the types of cancer that are considered presumptively linked to exposure, the VA assumes for the purpose of granting service connection that your service and presumptive exposure caused the cancer.
For example, the VA automatically assumes that those who served in Vietnam were exposed to Agent Orange and that the chemicals contained in Agent Orange cause non-Hodgkin’s lymphoma, prostate cancer, and numerous other cancers.
Those veterans who can prove they were in Vietnam and have a diagnosis of a cancer on the Agent Orange presumptive list automatically receive service connection. Further, if the cancer is in an “active” phase, veterans will generally receive 100 percent disability while undergoing treatment such as chemotherapy.
How Does the VA Rate Cancer?
Because cancer is a devastating diagnosis, causes severe functional impact, and cannot always be cured or sent into remission, the VA gives veterans a 100 percent disability rating after diagnosis and while receiving care.
The veteran receives monthly payments at the 100 percent rating during this active treatment phase for cancer. The VA also offers benefits for six months after the cancer goes into remission. At that time, the VA evaluates the residuals of cancer.
Then, the VA awards a rating based on the long-term effects of the cancer and treatment for the cancer. For example, a vet with prostate cancer generally receives a rating based on the severity of urinary incontinence and erectile dysfunction, which are recognized side effects following a prostatectomy.
Common Causes of Service-Related Cancer
According to the American Cancer Society, VA healthcare providers diagnose over 50,000 veterans with cancer each year. Although we have yet to pinpoint a singular cause of cancer, exposure to environmental toxins and hazardous chemicals commonly found and used in military facilities is known to contribute to cancer in veterans.
Additionally, research has consistently found a correlation between personal habits common among military personnel and veterans, like smoking and heavy alcohol consumption, and an increased risk of developing cancer.
Some of the causes of service-related cancer include:
- Agent Orange or other tactical herbicides.
- Radiation exposure.
- Depleted Uranium exposure.
- Water contamination at Camp Lejeune.
- Burn pit exposure.
- Exposure to asbestos and industrial solvents.
New studies have also shown that certain types of cancer may be related to acute injuries, such as traumatic brain injuries (TBIs). For instance, there is a higher rate of brain cancer in vets with severe TBIs.
Veterans with risk factors for cancer, such as a genetic predisposition, a history of smoking, a previous traumatic injury, or past exposure to toxins should carefully monitor themselves for symptoms with the help of a medical professional.
How Veterans Can Establish a Service Connection for Cancer and Avoid Claim Denial
Presumptive exposure to Agent Orange or Camp Lejeune’s contaminated water are the most common ways veterans’ cancer is service-connected. The VA assumes that those veterans who were in certain areas – such as Vietnam or Camp Lejeune – during specified times were exposed to something that caused the later development of cancer.
For presumptive cancers, veterans simply need to apply for disability once they have a cancer diagnosis. In the claim, they will need to identify their in-service toxic exposure as the cause.
Proving a Service-Connection for a Non-Presumptive Cancer
If you are a veteran who does not have a type of cancer listed on the presumptive list, but you suspect some in-service event, illness, or injury caused your cancer, the criteria are a bit different.
You must have a current diagnosis (or residuals of a cancer in remission). Additionally, you need a medical nexus that links cancer to the illness, event, or injury from your active duty period.
Whether the cancer is presumptive or not, veterans must provide the VA with medical records and attend a C&P exam. During the C&P exam, a doctor will review your medical records. Additionally, they will ask you about any current residuals, if the cancer is not in an active phase.
The C&P report will also contain a medical nexus opinion. This statement says whether the doctor believes the cancer is at least as likely as not related to service, if the condition is not on the presumptive list.
The Disability Application Process
Some veterans attempt to file their disability claims themselves but are disappointed when the VA denies their claims. The process is often difficult, especially if you have residuals caused by your cancer or cancer treatments.
The application is long, and you must list your service-connected disabilities and then show the proof that the afflictions are service-connected. The VA disability board will need your current and past medical records and other documents.
For example, a Vietnam veteran must prove he served between January 9, 1962, and May 7, 1975, and either had boots on the ground or was on a Navy ship in a Blue Water Zone, generally within 12 nautical miles of Vietnam. Military service records, like your DD-214 and possibly other documents, will typically show this information.
Once you complete the application, the waiting process starts. It often takes several months to get an answer. That means that you want to submit everything you need and submit it correctly the first time. If you have to correct anything or submit additional documents, the application goes to the end of the line.
Contact a VetLaw Lawyer Today About Your Veteran Disability Cancer Claim Denial
A VA disability lawyer’s role is to assist you throughout the confusing and often frustrating appeals process after you have received a denial for your veteran disability cancer claim.
Generally, you need to be denied at least once before a veteran disability appeals attorney can assist. Once a VetLaw lawyer is involved, they are often able to quickly determine what needs to happen to prove entitlement.
If you’ve received a denial for your veteran disability cancer claim, be sure to contact the VA-accredited attorneys at VetLaw right away to help make sure you get the entitlement you deserve.
Don’t hesitate to give us a call at (855) 239-9213 to schedule a free consultation or submit an online contact form. One of our VA cancer disability claim lawyers will carefully review your case and explain your options for seeking benefits. Let us get to work for you today.
Frequently Asked Questions
How much does the VA pay for cancer?
If you are a veteran and have a service-related cancer diagnosis, you will likely qualify for a 100% rating from the VA during the active phase and 6 months following any treatment such as chemotherapy or surgery.
Once the cancer goes into remission, the VA will rate the cancer based on residuals. This can include chemotherapy-induced neuropathy, urinary incontinence.
Cancer-related residuals can also include the development of secondary disabilities such as diabetes or even depression. Additionally, you may qualify for increased monthly benefits through Special Monthly Compensation.
Is cancer service connected?
Many types of cancer have been proven to be presumptively service-connected. This is largely due to the military’s history of using certain types of chemicals such as Agent Orange or contaminated water at bases such as Camp Lejeune.
If you served in a designated location such as Vietnam during the periods VA recognizes for presumptive exposure, and you have a cancer diagnosis the VA recognizes is presumptively service-connected for that exposure, the VA will establish service connection on a presumptive basis.
You will not need to take additional steps to prove the nexus to service.
What types of cancer are caused by Agent Orange?
Agent Orange (which was used fairly widely during the Vietnam War) has been proven to have caused numerous types of cancers in those who were exposed to it. Click here to review the full list of cancers and other conditions presumptively linked to Agent Orange.
What are the most common types of cancer for veterans?
Based on data from the VA healthcare system, prostate cancer is the most common type of cancer among veterans. Research also indicates that lung cancer and colorectal cancers are among the top types of cancer in veterans.
What presumptive cancers does the PACT Act cover?
The PACT Act added a total of more than two dozen presumptive conditions for various forms of toxic exposure. That list included eleven additional types of cancer that the VA now assumes are related to in-service toxic exposure:
- Brain cancer
- Gastrointestinal cancers
- Glioblastoma
- Head cancer of any type
- Kidney cancer
- Lymphoma
- Melanoma
- Neck cancer
- Pancreatic cancer
- Reproductive cancers
- Respiratory cancers
Generally speaking, these cancers are often related to toxic burn pit exposure. Gulf War-era veterans and post-9/11 veterans who inhaled smoke from burn pits while on active duty may qualify for VA disability compensation.
