VA Disability Compensation for Genitourinary and Gynecological Cancers

Veterans have been facing cancer related to their service since the First World War, when they were exposed to various dangerous substances. World War II further aggravated their exposure risks by adding atomic radiation to an already long list of exposure hazards.

The Vietnam War added Agent Orange to this list, as the herbicide was yet another contaminant linked to several types of malignant diseases, including lymphoma and lung cancer.

Additionally, many veterans have been exposed to asbestos, which further increases their risk of developing severe illnesses like mesothelioma and lung cancer. VA reports speak of over 50,000 veterans diagnosed with cancer each year. Furthermore, Military Medicine's study highlights that active-duty service members (ADS) are not immune to cancer; the U.S. military is composed primarily of young members, with 92% of ADS under the age of 41, all of whom are required to meet rigorous physical fitness standards. However, between 2005 and 2014, over 8,900 ADS were diagnosed with cancer, with the most common types being:

  • melanoma
  • testicular cancer in males
  • breast cancer in females

Reproductive cancers are prevalent among veterans and could be influenced by prolonged exposure to harmful substances. The PACT Act was signed into law in 2022 to address this issue by expanding the list of presumptive conditions related to military toxic exposure by adding 23 new diseases. Among these are genitourinary and gynecological cancers (reproductive cancers) of any type for both male and female veterans. Consequently, under the new law, the VA considers these female reproductive cancers presumptive:

  • breast cancer
  • cancer of the paraurethral glands
  • cervical cancer
  • ovarian cancer
  • uterine cancer
  • vaginal cancer
  • vulvar cancer

Male reproductive cancers considered presumptive are:

  • penile cancer
  • prostate cancer
  • testicular cancer
  • urethral cancer

The list of presumptive conditions is constantly expanding, so veterans should consult the VA regularly for a more complete list of presumptive reproductive cancers. However, it's important to note that there are specific toxic exposures covered under the PACT Act, and eligibility for claims varies based on:

  • veteran's service period
  • deployment location
  • specific substances encountered

Generally, veterans may have encountered one of the following types of toxic exposures during their military years:

  • radiation exposure: nuclear weapons testing or depleted uranium
  • chemicals: depleted uranium, chromium, water contaminants, herbicides
  • air pollutants: burn pits, dust, sulfur fires, particulates, asbestos fibers, and oil well fires
  • chemical warfare agents: mustard gas, nerve agents, and other toxic chemicals used by the military

While presumptive conditions simplify claims, they aren't automatically approved; a proper diagnosis is still required during the VA's adjudication process. Furthermore, the VA can deny a presumptive claim if there's no diagnosis or if evidence suggests the condition wasn't caused by service. Still, veterans can request a review with a Supplemental Claim if new evidence applies.

As With All Malignancies, Early Detection of Reproductive Cancers Is Crucial

The successful treatment of reproductive cancers depends on their stage of evolution. Early detection allows for the identification of cancer at its initial stage, when the tumor is often smaller and has not yet spread to other parts of the body. It enables less aggressive treatments with higher success rates and improved long-term outcomes. It also improves the chances of preserving fertility and overall quality of life.

Regular screenings help veterans fight reproductive cancers with the best possible chance of success. Treatment options for reproductive cancers vary depending on the type, stage, and individual health factors. In both female and male reproductive cancers, common approaches include:

  • surgery
  • chemotherapy
  • radiation therapy
  • hormone therapy

Cancer Diagnoses and VA Disability Ratings

Facing a cancer diagnosis is life-changing for everyone. However, a cancer diagnosis can feel to many veterans like an unfair second battle after they serve the country.

Moreover, navigating the VA disability process for cancer can be confusing, with complex ratings and criteria. Understanding these benefits is the first step in getting the needed support. Cancer VA disability ratings can vary depending on factors such as:

  • whether the cancer is due to service-connected conditions, such as disorders caused by toxic exposure and
  • whether it is in an active state or in remission

Veterans may qualify for 100% VA disability for many types of cancer if they were diagnosed during or after active military service. The 100% rating will continue as long as the cancer is active, then for another six months after surgery, chemotherapy, radiation therapy, or other cancer treatment is complete.

For cancer in remission, the VA disability will start at 100%. After six months of remission, the veteran will be rated based on the remaining residual symptoms. Residuals may include anything caused by cancer or its treatment. Even though the tumor could be in remission, these residuals have the potential to severely impact a veteran's quality of life. This is why they can receive a VA rating for cancer residuals. For example, any veterans who recover from lung cancer related to asbestos exposure still require outpatient oxygen therapy. As long as they are on oxygen therapy, the VA disability rating will be maintained.

Veterans who were exposed to asbestos during their service could develop cancers that extend beyond the lungs, including cancers of reproductive organs. Female and male veterans diagnosed with reproductive cancers can apply for VA disability if they believe their cancer is related to asbestos exposure during their military service. However, the VA will handle the claim on a case-by-case basis. Even if there's no direct link recognized to female veterans developing reproductive cancer and asbestos exposure, they can still apply for VA disability by proving in-service asbestos exposure and establishing a nexus (a direct link) between the exposure and the cancer. Medical records and expert opinions will be needed to connect the reproductive cancer to asbestos exposure.

Offering Assistance to Veterans Affected by Toxic Exposure

For former service members who have served in areas where exposure to environmental hazards was a risk, understanding VA disability benefits for genitourinary and gynecological cancers is crucial. While battling the physical and emotional toll of these conditions, navigating the complexities of the claims process can be an unwelcome burden.

Whether you wish to file a claim or your claim was denied, expert attorneys are a reliable help. By reaching out for support, you are taking proactive steps to receive the compensation and care to which you are entitled. We can assist you in contacting legal experts who will work towards securing the VA disability benefits you've earned.