Lung Cancer Rating

[Ms. Idaho]

My husband was recently diagnosed with lung cancer, and is an AO Vietnam Vet.

The diagnosis occurred during a surgical biopsy and a lobe of his lung was removed at that time. Fortunately, it was caught early enough that he did not need any other treatment.

While he was hospitalized after the surgery we became aware that lung cancer is on the presumptive list for Agent Orange. He filed with the VA as soon as he was able, about a month later.

My question is this: Does the rating system for lung cancer work the same as for prostate cancer - will the fact that he filed after the surgical treatment of his lung cancer mean that he was then considered in remission (since no other treatment was needed) and would only be rated on residuals?

The only way he could have filed prior to treatment was to have stopped the surgery, filed the claim, and then have the lobe removed, which would of course have been nonsensical.

But is this nonsensical course of action the only way for him to have obtained benefits?

Thanks in advance for your help.

[Berta]

To the recent poster marie 2017-

"I am now requesting to be a substitute so I can see exactly what was submitted in the past by him"

 "He still was denied early last year"

I suggest you read over, in the DIC forum, the information as to DIC and accrued claims.

Do you have someone holding your POA?

Was your husband an incountry Vietnam Veteran? Or a Blue Water Navy veteran who's ship was within the 12 mile limit of Vietnam during the war?

 

 " Im just concerned now that even though the death certificate cause is wrong and I still could win my case based on the soft tissue sarcoma being the contributory cause to this bogus cause of death, could it alter the 100 total disabled rating he was given at his VA exam?  "

We need more info on that.

"I am the guardian of the now deceased veteran's daughter.  My daughter is 2 years old. "

I don't understand that. Please do not be offended by my next question- I have dealt with DIC claims for decades and am a Agent Orange widow.

Were you the spouse of the veteran, and living with him, when he died?

Also can you scan at attach here the last denial from the VA? Cover his C file # and name, etc, prior to scanning it.

Someone here will straighten out this thread.

 

Edited March 2, 2020 by Berta (see edit history)

[broncovet]

Berta, I moved this to a new post.  Im gonna go ahead and close the 2009 post, after 11 years its just not relevant any more.  

 

[kw34]

6819 Neoplasms, malignant, any specified part of respiratory system exclusive

of skin growths 100

Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.

He may not be qualify for comp because he only had the biopsy but could be service connected the experts on AO will chime in soon.

[Ms. Idaho]

KW34 -

Thanks for your quick response!

Actually he had one of the lobes removed during the same surgery as the biopsy.

[Berta]

I am not sure on how they would rate his residuals and similiar claims at the BVA might help explain what they are looking for on residuals but I am concerned about something else-

the MOPH told a widow her DIC was 'in the bag' about 2 years ago as her husband-a Vietnam veteran-had died of lung cancer.

The widow's claim was denied.

The VA only service connects STS cancers- Soft Tissue Sarcomas.

Although her husband had lung cancer it was not of a Soft Tissue sarcoma type.

If this type of cancer your husband has is on the STS list, then without any other etiology such as smoking etc-

(or even with smoking some- STS lung cancer claims have succeeded because the AO etiology was stronger than the smoking history or a relative equipoise as cause of the cancer)-

then the VA will SC it.

The full list of AO cancers are here under a search and also at the VA web site and NVLSP web site.

Often entire medical records have to be well searched for the actual descriptions of specific cancers as doctors use many many terms for cancers.

Soft Tissue Sarcomas in the lungs are what the VA will need medical proof of.

[poolguy11550]

I'd file the claim. The rational I'd use is that the biopsy was the surgical cessation. Good info berta.