VA Disability Claims for Esophageal Cancer: Service Connection, Ratings, and How to Appeal

Esophageal cancer is one of the most aggressive and invasive cancers, and its prevalence is on the rise. Veterans diagnosed with esophageal cancer often face numerous challenges when applying for VA disability benefits. Unfortunately, many claims are denied or rated insufficiently, leaving veterans with the difficult task of filing an appeal. Understanding the factors that may affect a VA disability claim for esophageal cancer, such as service connection, Agent Orange exposure, and Camp Lejeune contamination, is crucial for veterans navigating the claims process.

This article provides an overview of how to establish service connection for esophageal cancer, the obstacles veterans may encounter, and the potential avenues for securing benefits, including appealing denied claims.

Overview: VA Disability Claims for Esophageal Cancer

Factor	Details
Service Connection	Veterans must show a direct link between their military service and esophageal cancer, supported by medical records and lay statements.
Agent Orange Exposure	Although esophageal cancer is not presumptive for Agent Orange exposure, veterans may pursue direct or secondary service connection due to related conditions.
Camp Lejeune Exposure	Veterans who served at Camp Lejeune between 1953 and 1987 may qualify for healthcare benefits for esophageal cancer, even though it is not presumptive.
VA Rating for Active Cancer	Veterans with active esophageal cancer are rated 100% disability until the cancer is in remission, followed by a C&P exam for residual evaluations.
Appealing Denied Claims	Veterans can appeal a denied claim by submitting new evidence or seeking professional assistance from a VA-accredited attorney or service officer.

Establishing Service Connection for Esophageal Cancer

To successfully apply for VA disability benefits, veterans need to demonstrate a service connection for their esophageal cancer. This process requires three key elements:

1. An In-Service Event, Injury, or Illness: The veteran must provide evidence of an event, injury, or illness that occurred during their military service. This can be a direct injury or exposure that contributed to the development of esophageal cancer later on.
2. A Current Diagnosis by a Medical Professional: Veterans must submit medical records confirming a diagnosis of esophageal cancer from a healthcare provider. Without a formal diagnosis, the claim will not move forward.
3. A Medical Nexus: This is the critical link between the in-service event and the veteran’s diagnosis of esophageal cancer. Veterans need to show that their service is directly related to their condition. Obtaining a nexus opinion from a medical professional who can establish this link is often essential. Lay evidence, such as written statements from the veteran or those who can attest to their condition, can also be submitted to strengthen the case.

In some cases, the VA will schedule a Compensation and Pension (C&P) examination to assess whether a connection exists between the veteran’s service and the diagnosed cancer. It is important to note that veterans requested to attend a C&P exam must do so, as failure to attend could negatively impact their claim.

Agent Orange and Esophageal Cancer

While the VA has a presumptive list of diseases linked to Agent Orange exposure, esophageal cancer is not yet included on that list. This means veterans exposed to Agent Orange during their service are not automatically eligible for presumptive service connection for esophageal cancer.

However, scientific studies suggest a potential link between Agent Orange exposure and the development of esophageal cancer. As a result, veterans diagnosed with esophageal cancer may still pursue a direct service connection by showing that Agent Orange exposure contributed to the development of their cancer.

Additionally, veterans may be able to claim secondary service connection for esophageal cancer. If the veteran has another condition already recognized as a result of Agent Orange exposure, such as hypertension, and research suggests hypertension increases the risk of esophageal cancer, they may be able to establish a secondary connection. This would involve showing that the existing service-connected condition (e.g., hypertension) caused or aggravated their esophageal cancer.

“Agent Orange is a known risk factor for many serious health conditions, and while esophageal cancer isn’t officially on the presumptive list, veterans have the right to fight for a direct or secondary connection based on scientific evidence,” says Dr. Emily Harrison, a VA medical consultant.

Camp Lejeune and Esophageal Cancer

Service members stationed at Camp Lejeune in North Carolina between 1953 and 1987 were exposed to toxic water contaminated with chemicals like tetrachloroethylene (PCE) and trichloroethylene (TCE). These chemicals have been linked to various health problems, including several types of cancer.

Although esophageal cancer is not presumptively recognized as a condition related to Camp Lejeune exposure, veterans who were stationed there and diagnosed with esophageal cancer may still be eligible for healthcare benefits under the Honoring America’s Veterans and Caring for Camp Lejeune Families Act. Veterans must have served at Camp Lejeune for at least 30 days between 1953 and 1987 to qualify.

“The connection between Camp Lejeune water contamination and various cancers, including esophageal cancer, is well-documented. Even though esophageal cancer is not presumptive, veterans should not hesitate to apply for healthcare benefits under the Camp Lejeune Act if they meet the requirements,” says Keith Daniels, a veterans’ attorney specializing in toxic exposure cases.

How VA Rates Esophageal Cancer?

Once a veteran has established service connection for their esophageal cancer, the VA assigns a disability rating based on the severity of the cancer and its impact on the veteran’s health.

• Active Cancer: Veterans diagnosed with active esophageal cancer are typically assigned a 100% disability rating. This rating is temporary and continues for as long as the cancer is active, and for six months following the completion of treatment, such as chemotherapy or surgery.
• Post-Treatment: Once the cancer is in remission, the VA will schedule a C&P exam to assess the veteran’s condition and assign a disability rating based on the severity of any residual effects. This could include difficulty swallowing, pain, or other lingering health issues caused by the cancer or treatment.

“The VA should assign a 100% temporary rating for active cancer, but after treatment, it’s important for veterans to attend a follow-up C&P exam to ensure that residuals are properly rated. If your cancer is in remission but you still experience side effects, make sure the VA understands your ongoing challenges,” explains John Walker, a VA claims expert.

Common Issues Leading to Denied Claims

Some veterans face difficulty obtaining disability benefits for esophageal cancer due to the following issues:

1. Failure to Establish Service Connection: If the veteran cannot link their cancer to an event or exposure during service, their claim may be denied. This is common for veterans without documented Agent Orange exposure or Camp Lejeune service.
2. Inadequate Medical Evidence: Without strong medical evidence, such as a formal nexus opinion, the VA may deny the claim. It is essential to provide comprehensive medical records and lay evidence to support the claim.
3. Incorrect VA Rating: If the veteran’s cancer is in remission but the VA does not adequately evaluate residuals, the veteran may receive a lower disability rating than they deserve.

How to Appeal a Denied Claim?

If a veteran’s claim for esophageal cancer is denied or rated insufficiently, they can file an appeal with the Board of Veterans’ Appeals (BVA). Here are steps to consider when appealing:

1. Review the Denial: Understand why the claim was denied. If it was due to insufficient evidence, gather more medical documentation or seek a nexus opinion from a medical professional.
2. Request a Hearing: During the appeal process, veterans have the right to request a hearing where they can present new evidence or clarify any misunderstandings.
3. Seek Professional Assistance: Veterans should consider working with a VA-accredited attorney or Veterans Service Officer (VSO) to navigate the appeals process effectively.

“An appeal is not the end of the road but an opportunity to present additional evidence or correct errors made during the initial review,” says Sara Michaels, a veterans’ legal expert. “Veterans should never hesitate to seek professional help to ensure they receive the benefits they deserve.”

Final Thought

Esophageal cancer is a devastating diagnosis for veterans, and obtaining the right VA disability benefits is crucial for their recovery and financial stability. Whether pursuing a direct service connection or leveraging exposure to Agent Orange or Camp Lejeune toxic water, understanding how to establish service connection, submit compelling medical evidence, and navigate the appeals process is key to a successful claim.

Veterans who have been denied or rated inadequately should explore their options for appealing the decision. By working with the right resources, veterans can secure the benefits that support their treatment, recovery, and overall well-being.

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