Representation for Veterans Diagnosed with Cancer

If you have been diagnosed with cancer during or after active military service, you may be eligible for disability benefits through the Department of Veterans Affairs (VA). These benefits can be life-changing, but the process is not always easy. The VA is known for denying claims even when there is a clear link between your condition and your military service.

At Gang & Associates, we can help you deal with denied claims and disappointing VA ratings. We understand how to build a strong claim from the ground up, and we are here to help you navigate through the complicated appeals system. Reach out today to learn how we can help.

Cancer Related to Military Service

Cancer is one of the most serious health conditions veterans may face, and the VA recognizes that certain exposures during service can significantly increase a veteran’s risk. While cancer impacts people across all walks of life, veterans are frequently exposed to the kind of dangerous substances and environments that increase the odds of a cancer diagnosis.

Exposure to Agent Orange

Perhaps the most well-known toxic exposure linked to cancer in veterans is Agent Orange. This herbicide was heavily used during the Vietnam War, and later research revealed its strong connection to several forms of cancer. Veterans who served in Vietnam or along the Korean DMZ are presumed to have been exposed. This presumption makes it easier to establish a link between the cancer diagnosis and military service.

Exposure to Other Toxins

Not all toxic exposures involve Agent Orange. Veterans stationed at certain military bases were exposed to contaminated groundwater (Camp Lejeune) laced with volatile organic compounds and industrial solvents. For example, exposure to benzene or trichloroethylene has been tied to various blood cancers and kidney cancers.

Radiation

Exposure to radiation is another factor commonly linked with cancer. Unfortunately, many veterans have been exposed to radiation over the years, whether they worked closely with nuclear materials or took part in atmospheric tests.

Burn Pits

More recently, burn pit exposure has emerged as a pressing issue. Burn pits were used extensively during operations in Iraq, Afghanistan, and other locations to dispose of waste. The smoke and fumes contained carcinogens and heavy metals that veterans inhaled daily. Inhalation of this smoke has resulted in a wide range of serious health issues, including cancerous growths in the lungs.

Service-Related Cancers

The VA recognizes a wide variety of cancers, many of which are connected to in-service events throughout the history of the military. In some situations, merely being present at a certain point during a specific deployment is enough to presume you have been exposed to cancer-causing substances. Some types of cancers that have been previously led to successful VA disability claims include the following:

Prostate Cancer

Prostate cancer is one of the most common cancers in veterans. While there are a number of factors that can lead to this diagnosis, prostate cancer is commonly linked to Agent Orange and Camp Lejeune exposure. Many veterans report symptoms, including difficulty urinating or blood in their urine. As one of the slower-moving types of cancers, it is not uncommon to only discover the signs of prostate cancer after your military service is over.

Lung Cancer

Lung cancer has long been associated with smoking, but there are other factors that frequently leave veterans with this condition. Many veterans develop lung cancer after inhaling hazardous substances related to burn pits or asbestos. The unfortunate reality of this cancer is that it is aggressive, often spreading quickly throughout the body.

Leukemia

Leukemia, a cancer of the blood and bone marrow, has been linked to both radiation exposure and toxic chemicals such as benzene. Chronic lymphocytic leukemia is one of the cancers presumed to be connected to Agent Orange and Camp Lejeune exposure. Symptoms can include fatigue, fever, frequent infections, and easy bleeding or bruising.

Skin Cancer

Veterans who served in hot climates or who were exposed to radiation may develop skin cancers, including melanoma. Chronic sun exposure during deployments without adequate protection also increases risk. Melanoma is particularly dangerous if not caught early, and service connection can be established with medical evidence showing likely causes tied to duty assignments.

Brain Cancer

Brain cancers like glioblastoma are particularly devastating. They have been linked to everything from burn pit exposure to severe radiation, and the prognosis is rarely good.

Dealing With a Denied Claim

Receiving a denial letter from the VA for a cancer claim can feel devastating, especially if your prognosis does not look good. That said, a denial does not mean you are out of options. The steps you take after your claim is denied or you are notified that your rating is less than what you expect are important.

The first step after a denial is to carefully review the VA’s decision letter. This letter explains why the claim was denied and what evidence was considered or is lacking. While this is often helpful, usually the VA will be less than straightforward about the reason for their denial. To strengthen your case, you should next gather additional documentation like your medical or service records.

It is also a good idea to consult with an attorney at this point. Experienced professionals can help identify weaknesses in the original claim and determine the best approach for appeal. Acting quickly is critical, as strict deadlines apply to the appeals process.

The Appeals Process

There are different options ahead of you in the aftermath of a denied claim. The VA has three distinct processes for appealing these decisions, but choosing the right option can be difficult without help.

Supplemental Claim

A supplemental claim gives veterans the chance to offer additional evidence that was not considered the first time the VA took up the case. When submitting new evidence, it is crucial that you directly address the deficiencies outlined in the denial letter and have support for service-connection.

Higher-Level Review

A higher-level review requests that a different adjudicator within the VA reevaluate the original claim. This process does not allow new evidence, instead focusing on errors or inaccuracies in the original decision.

Board of Veterans’ Appeals

The Board of Veterans’ Appeals (BVA) provides a more formal process for having your claim reconsidered. While this process often takes longer, it offers a more thorough review, giving you a chance to present your case in greater detail. The BVA is where the Veteran Law Judges reside.

Learn How Gang & Associates Can Help

There is no question that filing a disability claim on your own is difficult, especially following a cancer diagnosis. While it is easy to become disheartened by a denial, it is crucial to remember that an attorney may be able to help. At Gang & Associates, we can re-evaluate your claim and help you strengthen it on appeal.

At Gang & Associates, we know what it means to receive a cancer diagnosis. If your condition is linked to your military service, it is only right that the VA provides you with your well-earned support. Contact us today to discuss your options.