VA Disability Rating for Cancer
A cancer diagnosis changes everything. Between doctor appointments, treatments, and trying to keep your life on track, the last thing you need is a battle with the VA over disability benefits.
But right now, veterans across the country are getting denied the cancer benefits they deserve because of the VA’s complex rating system and constantly changing rules. One wrong step in the claims process could cost you thousands in monthly compensation.
Don’t let that happen to you. We’ll break down exactly how the VA rates cancer, what evidence you need to support your case, and how to appeal your claim and win.
How the VA Rates Cancer Disabilities
When it comes to rating cancer-related disabilities, the VA uses a straightforward approach. If your cancer is considered service-connected, you’ll automatically receive a 100% disability rating for as long as your cancer is active.
This 100% rating continues for six months after you complete successful treatment, such as chemotherapy, radiation, or surgery. During this time, the VA recognizes that you’re still dealing with the significant impact of your cancer diagnosis and treatment.
After the initial six-month period, the VA will reevaluate your condition. They’ll assign a new rating based on any lasting effects or “residuals” of your cancer, such as:
- Chronic pain or fatigue
- Incontinence or sexual dysfunction
- Respiratory issues
- Mental health conditions
- Scars from surgery
- Neurological damage from radiation
The VA uses a standardized schedule to determine the appropriate disability percentage for these residual conditions. Our team at ProVet Legal can help make sure the VA accurately assesses the full scope of your cancer-related symptoms and limitations.
Common Cancer Types Covered by the VA
The VA recognizes a wide range of cancer types as potentially service-connected, regardless of when the diagnosis happened. Some of the most common cancer types veterans battle include:
Agent Orange-Linked Cancers
Veterans who were exposed to the herbicide Agent Orange during the Vietnam War era may be eligible for presumptive service connection for certain cancers, such as:
- Chronic B-cell leukemia
- Hodgkin’s lymphoma
- Non-Hodgkin’s lymphoma
- Prostate cancer
- Respiratory cancers (including lung cancer)
Radiation-Linked Cancers
Participation in nuclear testing or service in areas with radiation exposure can lead to an increased risk of conditions like:
- Thyroid cancer
- Bone cancer
- Bile duct cancer
- Colon cancer
- Liver cancer
Other Common Service-Connected Cancers
In addition to those linked to specific exposures, the VA also recognizes many other cancer types that may be directly related to a veteran’s military service, including:
- Bladder cancer
- Brain cancer
- Breast cancer
- Multiple myeloma
- Leukemia
Even if your specific cancer isn’t on this list, you may still qualify for VA disability benefits. The key is demonstrating how your diagnosis is connected to your time in the service.
Establishing Service Connection for Cancer
To receive VA disability benefits for your cancer, you must first prove it is related to your military service.
There are a few ways you can do this:
- Direct Service Connection: If your cancer began during your time in the military or is directly linked to an injury or illness from your service, you can establish a direct service connection.
- Presumptive Service Connection: The VA automatically assumes certain types of cancer are related to specific exposures during military service, such as:
- Agent Orange exposure for Vietnam veterans
- Radiation exposure for veterans who participated in nuclear testing
- Contaminated water exposure at Camp Lejeune
- Secondary Service Connection: If your cancer was caused or aggravated by a disability that is already service-connected, you can establish a secondary service connection.
Gathering the right evidence is important for proving a service connection. Our VA disability lawyers can help you handle this process and make sure you have a strong case.
Building the Evidence for Your Claim
To successfully secure VA disability benefits for your service-connected cancer, you’ll need to provide compelling evidence to support your claim. This includes:
Medical Records
Obtain and submit all relevant medical documentation, including:
- Pathology reports confirming your cancer diagnosis
- Treatment records detailing the progression of your condition
- Statements from your oncologist explaining the severity of your symptoms and prognosis
Service Records
Gather any military service records that could help demonstrate how your cancer is related to your time in uniform, such as:
- Proof of exposure to known carcinogens (e.g., Agent Orange, radiation, burn pits)
- Documentation of relevant in-service injuries or events
- Records of your military occupational specialty (MOS) and associated hazards
Buddy Statements
Written statements from fellow service members, friends, or family members can provide valuable firsthand accounts of how your cancer has impacted your life.
Expert Opinions
In some cases, you may need to get a medical opinion from an independent expert to strengthen the link between your cancer and your military service.
Our VA disability attorneys at ProVet Legal can help you identify and collect the evidence you need to build the strongest possible case. We know what the VA is looking for and can make sure your claim is properly documented from the start.
Appealing VA Disability Decisions
If the VA denies your initial claim or assigns a lower rating than you believe you deserve, don’t be discouraged. You have the right to appeal their decision.
Under the VA’s Appeals Modernization Act (AMA), you have three options for disputing a rating:
- Supplemental Claim: You can submit new and relevant evidence to support a higher rating.
- Higher-Level Review: You can request a review of the original decision by a more senior VA official.
- Board Appeal: You can appeal the decision to the Board of Veterans’ Appeals (BVA).
Our experienced VA disability lawyers at ProVet Legal can guide you through the appeals process and fight to ensure you receive the full compensation you’re entitled to.
Don’t let the VA’s complicated system stand in the way of getting the benefits you deserve for your service-connected cancer. Contact ProVet Legal today to discuss your rights and options.
