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.

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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 physical 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 if you did not provide the correct information or left some information out. To apply for a service-connected cancer rating, you must have a current cancer diagnosis and a medical nexus linking the cancer to your service.

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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 a type of cancer considered presumptively linked to exposure, the VA assumes that your service and 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 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 presumptive cancer automatically receive service connection. Further, if the cancer is in an active phase, veterans will generally receive 100% 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% disability rating after diagnosis and while receiving care.

The veteran receives monthly payments at the 100% rating during this active treatment phase. The VA also offers benefits for six months after the cancer goes into remission, then evaluates residual effects of the cancer and treatment.

Then, the VA awards a rating based on the long-term effects of the cancer and treatment. For example, a veteran 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. Exposure to environmental toxins and hazardous chemicals commonly found and used in military facilities is known to contribute to cancer in veterans.

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 certain cancers 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 genetic predisposition, history of smoking, previous traumatic injury, or past exposure to toxins should carefully monitor themselves for symptoms with help from a medical professional.

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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 veterans in certain areas 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 diagnosed. 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 whose cancer is not on the presumptive list, you must have a current diagnosis (or residuals of cancer in remission) and a medical nexus linking the cancer to an in-service illness, event, or injury.

Veterans must provide the VA with medical records and attend a C&P exam. The doctor will review medical records and current residuals, then provide a medical nexus opinion regarding whether the cancer is at least as likely as not related to service.

The Disability Application Process

Some veterans attempt to file their disability claims themselves but are disappointed when the VA denies them. The process is often difficult, especially if you have residuals caused by your cancer or treatment.

The application is long. You must list your service-connected disabilities and provide proof. The VA disability board will need current and past medical records and other documents.

For example, a Vietnam veteran must prove service between January 9, 1962, and May 7, 1975, either boots on the ground or on a Navy ship in a Blue Water Zone. Military service records, like your DD-214, will typically show this.

Once submitted, the waiting process begins. If corrections or additional documents are required, the application is moved to the end of the queue.

Contact A VetLaw Lawyer Today About Your Veteran Disability Cancer Claim Denial

A VA disability lawyer assists throughout the appeals process after 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 determine what needs to happen to prove entitlement.

If you’ve received a denial, contact VA-accredited attorneys at VetLaw to ensure you get the benefits you deserve. Call (855) 239-9213 or submit an online contact form.