Veteran Prostate Cancer Claim Denial | VA Appeals Attorneys

Veterans encounter various situations and geographical locations that put them at risk for cancer development. Service-related prostate cancer occurs for two primary reasons: exposure to Agent Orange and burn pit exposure. There is also a growing body of evidence showing a connection between the contaminated water at Camp Lejeune and the later development of prostate cancer.

The Link Between Agent Orange and Prostate Cancer

Agent Orange is one of many herbicides used during the Vietnam War. It’s made of two toxic chemicals that give off a highly toxic and dangerous byproduct linked to multiple types of cancers and other diseases. Many Vietnam veterans were exposed to Agent Orange, as well as veterans who served in Korea and nearby areas during these wars.

Developing Cancer After Burn Pit Exposure

If you served in Iraq and/or Afghanistan after 9/11, it’s likely you saw and smelled one or more burn pits. Some service members helped maintain burn pits, and many had to sleep close to one. Burning plastic, rubber, human waste, and anything else the military wanted to destroy, emitted large plumes of toxic smoke, which traveled miles in the desert landscapes of the Middle East and Central Asia. Burn pit exposure has been linked to various conditions and diseases, including prostate cancer.

Veterans who served in Vietnam or on a ship that operated in Vietnam’s waterways between January 9, 1962, and May 7, 1975, do not need to prove a nexus to service in order to establish service connection for their prostate cancer. The VA has established a presumption of exposure to Agent Orange that provides for automatic service connection for prostate cancer. The same is true for those who served in the Korean demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971, as well as certain veterans who served in Thailand between 1961 and 1975.

Although one of the chemicals in Agent Orange is also found in smoke from burn pits, the VA has not established a presumption of exposure for all veterans. Instead, the VA evaluates prostate cancer claims for those exposed to burn pits on a case-by-case basis. This often means veterans need the help of an experienced VA benefits attorney to present evidence that supports their claim to establish a service connection to their prostate cancer diagnosis.

Frequently Asked Questions

Can you receive VA disability for prostate cancer?

Yes, but depending on the outcome of your treatment, you may not have 100 percent permanent disability. Once service connection is established, the VA rating for active prostate cancer is 100 percent. The rating lasts for up to six months after successfully completing cancer treatment, including radiation, chemotherapy, and/or surgery. Following that time, a C&P exam is conducted to determine what residual effects exist from the cancer or treatment, including ED, increased urinary frequency, and/or urinary incontinence.

What is the typical VA compensation for prostate cancer?

If your prostate cancer is active, the correct rating is 100-percent. Following successful cancer treatment, many veterans receive a rating between 10 percent and 60 percent, depending on the severity of the cancer residuals. If the cancer residuals prevent a veteran from working or seeking future employment, then a total disability rating based on individual unemployability (TDIU) may be an option.

How do you prove prostate cancer is service-connected?

The VA establishes service connection on a presumptive basis for some veterans suffering from prostate cancer. For other veterans who don’t meet the qualifications for presumptive service connection, such as veterans with burn pit exposure or Camp Lejeune service, a medical nexus opinion will likely be required.