Cancer has followed Veterans home from service since World War II. The Veterans Administration (VA) recognizes this, and active service-related cancers automatically receive a 100% disability rating. The rating lasts for the duration of the cancer treatment, and for six months afterward.
Once your cancer goes into remission, the VA may downgrade your disability rating, depending on the residual effects of the cancer, the treatment, and its long-term effects on your life.
Service-related cancers are sadly common, and can be caused by radiation exposure, Agent Orange, burn pits, and other toxic chemicals used in the military. If a Veteran develops cancer related to a military exposure, he or she will receive a 100% disability rating during treatment.
Once the Veteran completes treatment, the 100% disability rating remains in place for six months. At the end of the six-month grace period, the VA reexamines the Veteran to determine the current status of the cancer and the effect of the treatment.
The VA’s review process can feel confusing and stressful for many people. The VA must evaluate whether the cancer is still active or in remission, and then decide how much the remaining symptoms limit your daily life. Unfortunately, this process does not always capture the full picture of your health challenges, especially if your treatment caused ongoing pain or permanent limitations.
Even after remission, the after-effects of cancer can continue affecting your body and mind. The VA’s decision is based on medical evidence, which makes it crucial to prepare detailed documentation of every lasting symptom before your review. Keeping treatment records, imaging reports, and notes about fatigue or pain levels can help ensure your disability rating accurately reflects your current condition.
“Residuals” are the aftereffects or long-term conditions of the cancer or the treatment. Cancer treatment like chemotherapy or radiation can be hard on the patient. Radical surgery can remove cancer but leave scars or require amputation, which will have lasting impacts on the patient. Residual effects may include:
Even if your cancer is in remission, you may still be partially disabled. The VA will assess your status after cancer treatment to determine if you qualify for further disability payments.
When reviewing your residuals, the VA considers both physical and psychological limitations. For example, a Veteran who loses mobility due to a spinal tumor may receive an additional rating for musculoskeletal impairment. Likewise, a Veteran who experiences anxiety or depression related to cancer or the treatment side effects can qualify for a mental health rating. These ratings may combine to reflect your overall level of disability.
Many Veterans also experience “secondary conditions” that develop because of the cancer or its treatment. For instance, chemotherapy may weaken your immune system, leading to chronic infections, and long-term pain medication can cause digestive issues or liver problems. Each of these conditions can form the basis for additional compensation, provided there is medical evidence connecting them to your service-connected cancer.
The VA will schedule a “Compensation & Pension” (C&P) exam. You should carefully document any long-term residual effects before this exam. If you don’t bring these up during your C&P exam, your disability rating could be reduced or zeroed out. The doctors need to know all the symptoms you’re experiencing after the treatment ends.
Our VA-accredited attorneys understand how difficult this process can be, especially when you are still managing the emotional and physical toll of recovery. We can help you gather the medical records, lay statements, and expert opinions needed to support your claim. If your cancer returns or new complications develop, we can also assist with filing a Supplemental Claim or requesting a Higher-Level Review, depending on your situation.
Every Veteran’s experience is different. Some continue to deal with chronic fatigue or organ damage, while others may face amputation, reconstructive surgery, or reduced lung capacity. These effects deserve full consideration under the VA’s disability rating system. You served your country, and you deserve fair recognition for the ways service-connected cancer has changed your life.
If your cancer or its treatment has left lasting effects, do not face the VA process alone. Our experienced team can review your case, identify the best approach, and help you pursue the compensation you earned through your service. We can also assist with appeals if your rating was unfairly reduced after remission.
Contact Jan Dils, Attorneys at Law today for a free consultation. We have helped thousands of Veterans nationwide navigate the complex VA disability system and secure the benefits they deserve.
