Prostate cancer is one of the most common types of cancer among men in the United States, and it is especially prevalent among Veterans. For many Veterans, the question arises: Is prostate cancer a presumptive VA disability? While prostate cancer is not a presumptive VA disability for all Veterans, certain circumstances, such as exposure to Agent Orange, may qualify a Veteran for a presumptive service connection.
Veterans who do not meet the criteria for a presumptive service connection may still be eligible for VA disability benefits by establishing a direct service connection. According to the Veterans Health Administration, approximately 12,000 Veterans are diagnosed with prostate cancer each year.
Before delving into whether prostate cancer qualifies as a presumptive VA disability, it is essential to understand what a presumptive disability is. The Department of Veterans Affairs (VA) recognizes certain medical conditions as presumptive disabilities, meaning that if a Veteran meets specific criteria, the VA presumes that the condition is related to their military service.
This presumption simplifies establishing a service connection necessary for receiving VA disability benefits. For a condition to be considered a presumptive disability, it must be associated with a particular type of military service or exposure.
Some examples of disabilities that qualify for presumptive service connection include certain chronic diseases, tropical diseases, and conditions related to exposure to herbicides, radiation, or other toxins.
As of August 2023, prostate cancer is not listed as a presumptive disability for all Veterans. However, there are specific circumstances under which prostate cancer may be presumed to be service-connected.
Agent Orange Exposure: Veterans who served in Vietnam between January 9, 1962, and May 7, 1975, are presumed to have been exposed to Agent Orange, an herbicide used during the Vietnam War. If these Veterans develop prostate cancer, even many years after their service, the VA presumes that the cancer is related to their Agent Orange exposure.
This presumption applies to Veterans who served on the ground in Vietnam, on the inland waterways, or in specific units that operated in or near the Korean demilitarized zone (DMZ) between April 1, 1968, and August 31, 1971.
Camp Lejeune Water Contamination: Veterans, Reservists, and National Guard members who served at Marine Corps Base Camp Lejeune in North Carolina for at least 30 cumulative days between August 1, 1953, and December 31, 1987, may have been exposed to contaminated drinking water. The VA recognizes a presumptive service connection for certain conditions, including prostate cancer, for those who meet these criteria.
If a Veteran’s prostate cancer does not qualify for a presumptive service connection, they may still be eligible for VA disability benefits by establishing a direct service connection. To do so, the Veteran must provide evidence that their prostate cancer is related to their military service.
Evidence that may support a direct service connection includes:
The VA will review the submitted evidence and determine whether the Veteran’s prostate cancer is at least as likely as not (50% or greater probability) related to their military service.
If a Veteran’s prostate cancer is determined to be service-connected, either through a presumptive or direct service connection, the VA will assign a disability rating based on the severity of the condition and its impact on the Veteran’s daily life and ability to work.
The VA rates prostate cancer under the genitourinary system, specifically diagnostic code 7528, which covers malignant neoplasms of the genitourinary system. The rating criteria are as follows:
100% rating: Active prostate cancer or cancer in treatment.
The 100% rating for active prostate cancer is temporary and will be reevaluated six months after treatment ends. The VA will then assign a new rating based on any residual symptoms. This rating can vary between 0% and 100%.
To initiate the claim process, Veterans can:
When filing a claim, Veterans should include all relevant medical records, service records, and any additional evidence supporting the connection between their prostate cancer and military service.
A VA benefits lawyer can help Veterans determine if their prostate cancer qualifies as a presumptive disability. These experienced attorneys understand the VA’s regulations and assess a Veteran’s case to determine if they meet the criteria for a presumptive service connection, such as exposure to Agent Orange or contaminated water at Camp Lejeune.
By reviewing a Veteran’s service records and medical history, a skilled VA benefits lawyer can identify the key factors that may support a presumptive service connection claim.
In addition to helping Veterans establish a presumptive service connection, a VA benefits lawyer can assist with filing an initial claim for prostate cancer disability benefits. The claim process can be complex and time-consuming, requiring gathering extensive medical evidence and service records. A knowledgeable attorney can ensure the claim is properly prepared and submitted, increasing the likelihood of a successful outcome.
If a Veteran’s prostate cancer claim has been denied or assigned a low disability rating, a VA benefits lawyer can file to appeal a VA decision. They can review the VA’s decision, identify errors or oversights, and develop a strong strategy. This may involve gathering additional evidence, such as expert medical opinions, to support the Veteran’s case. A skilled attorney can also represent the Veteran at hearings and legal proceedings, advocating for their rights and working to secure the maximum benefits to which they are entitled.
By working with a VA benefits lawyer, Veterans can navigate the complex world of VA disability claims with confidence, knowing that they have a dedicated advocate on their side. Many of our lawyers and legal staff are Veterans, dedicated to fighting alongside other Veterans for their disability benefits.
Veterans with prostate cancer diagnoses can contact Berry Law today to schedule a free consultation and learn how our experienced attorneys can obtain the benefits they deserve. Call us at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.
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