“Many veterans don’t know that their cancer may be connected to service. Many more don’t know that they can be compensated for the effects of their cancer and their cancer treatment, even when in remission.
“Hi. My name is Lori Underwood. I’m a lawyer with Woods & Woods, a VA disability law firm that has helped thousands of veterans and their family members get the benefits they deserve.
“Today, we are going to talk about VA disability ratings for cancer.
“While not every veteran gets diagnosed with cancer, many have been exposed to substances, chemicals, and other hazards while in service that are known to cause cancer.
“This means many veterans are at a higher risk for certain types of cancer. In fact, the VA estimates that more than 50,000 cancer cases are diagnosed within the VA health system every year.”
Don’t fight the VA alone
What is cancer?
“So, what exactly is cancer?
“Cancer is a disease in which some of the body’s cells grow uncontrollably and spread to other parts of the body. Cancers are normally named or referred to based on the part of the body they originated in.
“Broadly, cancers can be categorized into solid cancers, blood cancers, or mixed-type. Blood cancer affects blood cells. Leukemia and lymphoma fall into this group. Solid tumor cancers involve tissues in the body or organs like the stomach, the breast, or the colon. Mixed cancers involve cancers of more than one classification. Carcinomas, sarcoma, and adeno squamous carcinoma are examples.
Service connecting cancer/cancer causes
“People can develop cancer due to a combination of genetic factors and environmental exposures. For example, you may have heard that getting a blistering sunburn in childhood or adolescence more than doubles your chance of developing melanoma. But most people have had a bad sunburn or two, and not everyone gets skin cancer. This is where genetics comes in.
“So, what that means is if prior to you getting sunburned, you were genetically predisposed to a 2% chance of developing melanoma, doubling the odds would now give you a 4% chance.
“Environmental and genetic factors are partially why the exact causes of specific cancers are hard to narrow down. The VA often cites genetic or other environmental factors when denying service connection for cancers.
“However, there are certain circumstances where the VA will assume service connection without a medical nexus. Those are called presumptive conditions. If your cancer is presumptive of your in-service exposure, you do not need to prove a medical nexus for service connection. It all depends on what the VA has determined to be your conceded toxic exposure, and whether or not your cancer is on the list of presumptive cancers for your exposure.
“These determinations are dependent on the specifics of your location when you were on active duty and what you did as your job duties. The VA has published many lists of toxic exposures based on active-duty locations, which can help you determine what carcinogens the VA has agreed that you were exposed to. This applies to many Gulf War veterans, Vietnam veterans, atomic Veterans, and veterans who spent time in Camp Lejeune.
“However, your cancer doesn’t need to be presumptive to make it eligible for service connection. If your cancer is not presumptive, you will need to prove a medical nexus for your service connection. To give you the basics, a medical nexus is an opinion from a medical expert establishing the link between your service and your medical condition.
“So, in the case of cancer, there are many things you might have been exposed to in service linked to cancer, for which the VA has not yet established a presumption.
“For example, many naval veterans are at an increased risk of developing mesothelioma from asbestos exposure, which occurred on their ship. In fact, the U.S. Navy used asbestos more than any other military branch, using it on almost every ship from the 1930s to the 1980s.
“Asbestos is known to be a cause of mesothelioma, but neither asbestos exposure nor mesothelioma are presumptive exposures or conditions recognized by the VA at this time.
“Another example will be per- and polyfluoroalkyl substances, better known as PFAS. PFAS contaminants have been detected in the water supplies of hundreds of U.S. military sites around the world. PFAS exposure is commonly linked to an increased risk of developing some cancers such as prostate, kidney, and testicular cancers.
“However, PFAS exposure and these cancers caused by PFAS are not recognized as presumptive by the VA.
“Check out our website. We have lots of information regarding toxic exposures at different military bases. So, those are some ways veterans can connect their cancer to service.”
How the VA rates cancer
“How does the VA rate cancer?
“All active service-connected cancers are rated at 100% temporary disability. This continues for six months. Once the cancer is in remission, at that point, you would have to be evaluated and rated based on residual conditions from the cancer or your cancer treatment.
“A residual condition is the chronic long-term effect caused by the cancer or the treatment. Residual conditions are common and often impact quality of life and may inhibit a veteran’s ability to work. For example, cancer fatigue syndrome is the most common latent effect reported by people in remission.
“Studies of long-term cancer survivors suggest that approximately 1/4 to 1/3 experienced persistent fatigue for up to ten years after cancer diagnosis.
“Cancer-related chronic fatigue is different than being tired. It may not improve much or at all with rest. This could be service-connected secondary to your cancer and rated as chronic fatigue syndrome, which may contribute to a TDIU rating if it impacts your ability to work.”
“They made me feel like I was important and that my claim was important. With the VA process as complicated and time-consuming as it is, Woods & Woods was there for me every step of the way. I thank them very much for their hard work and compassion. I could have never done this on my own.”
D.W., Navy veteran from South Carolina
From a Google review for Woods & Woods
TDIU for cancer
“TDIU stands for total disability based on individual unemployability. It’s a benefit for veterans who cannot work due to their service-connected disabilities, but who are not rated at the 100% rate.
“These residuals can have a significant impact on your personal and professional life. For example, cognitive problems like brain fog and memory loss can make working even sedentary jobs challenging.
“Most careers, be it in the office or on the docks, require you to be able to quickly and reliably recall information and quickly respond to situations as they arise.
“Physically, heart conditions, nerve damage, or even something like incontinence can prevent cancer survivors from being able to perform occupational and daily living tasks that would otherwise be simple.
“Cancer can also have a long-lasting effect on your mental health. Most people understand the mental tax cancer has on someone. It’s a heavy subject full of lots of uncertainty and fear. Fewer people understand its lasting impact on a person’s mental well-being.
“The truth is, it’s a traumatic event that often leads to diagnoses like anxiety and depression. When you think of a veteran with anxiety, you may assume it came from combat or abuse in service, but surviving a life-threatening disease can lead to a claim for secondary service connection.
“Essentially, any part of the body can be impacted by cancer and cancer treatment. The important thing for you to remember is that you can and should file a claim for any changes to your health, even after your cancer treatment has concluded, because it could very well be related. Even if you think it’s not a big deal, you may be owed compensation.”
How Woods & Woods can help
“If you have more questions about VA benefits in general, we have many informative videos on our YouTube channel.
“If there is a topic regarding VA disability compensation you would like to see more information on, let us know. If you’re wondering if you qualify for a 100% rating or TDIU, contact Woods & Woods for a free consultation.”
Don’t fight the VA alone
Lori Underwood
Lori Underwood received her law degree from Northern Kentucky University. She previously practiced Social Security disability and personal injury law and was a juvenile court attorney.
She has been an attorney at
Woods & Woods since 2014.
