Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Presumtive Soft Tissue Sarcoma

Rate this question

Troy Spurlock

Asked by Troy Spurlock,

 Share

Question

Troy Spurlock Community Regular

Troy Spurlock

Posted
Posted

Okay, not sure if anyone has asked this or not...and I am pressed for time so apologies for not scanning the forum before posting this; but I need some input on this one in helping me help a Vietnam veteran fix what I believe to be is a huge SNAFU/FUBAR claim done by our (now deceased) county VSO, and the lackluster work of her replacement on this gentleman's claim.

The vet I am helping had surgery and chemo to get rid of rectal cancer in 2004/2005, and he was denied service connection because it was never argued that it was a "soft tissue sarcoma."

When I look up all the information on "soft tissue sarcoma" and google it with "rectal cancer," I get nothing but hits. The very definition of "soft tissue sarcoma" and exactly what rectal cancer is, it - rectal cancer - (IS) a soft tissue sarcoma.

Soft tissue sarcoma - "these cancers are in the soft tissue that occurs within and between organs" ... "or other supporting tissue of the body."

Rectal cancer - "is cancer that forms in the tissues of the rectum"

Am I wrong in drawing the inductive/deductive conclusion that the cancer in the tissues in the rectum are not = cancers in the soft tissue within the organ (colon) in question!?!

Troy

Link to comment
Share on other sites
  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

11 answers to this question

Recommended Posts

Troy Spurlock Community Regular

Troy Spurlock

Posted
  • Author
Posted

Right, so you will probably need to get an IMO for the rectal cancer. JMHO.

Yeah, you're probably right. Though he doesn't have any insurance and I don't think he's on medicaid/care yet...I'll inquire and see if there is any way he can get an IMO; because we all know how bias the C&P (general medical practitioners NOT experienced or professionals in the key specific medical fields for which they are being asked by the VA to give an official legitimate medical opinion on) examiners are!!

Link to comment
Share on other sites
Troy Spurlock Community Regular

Troy Spurlock

Posted
  • Author
Posted

http://www1.va.gov/v...asp?pub_ID=1474

See this booklet by the va for Vietnam vets....all doctors, va or private, are required to write a letter on their letterhead in support of a veterans claim....

good luck..

Thanks, that will come in handy...

After doing some research this weekend, learning as I go, apparently rectal cancer is not classified as a soft tissue sarcoma...on its face by the definition of such it would be, but the medical data I'm finding now infers it to be an entirely different type of cancer.

Anyhow, still researching....

Link to comment
Share on other sites
Berta

Berta

Posted
Posted

The STS list only applies to Agent Orange vets.

I had a vet friend who joined a lawsuit (long story and I forget the specifics) due to the type of cancer he had (which is also AO and he gets comp for it.

The law firm immediately rejected his request for class action inclusion and I called up the lawyer.

They had completely misinterpreted the type of cancer he had as it had multiple medical names and then they put him into the class action case, which went no where......

My point is studying the exact medical terminology for many forms of cancer is often the best bet on cases like this.

And better yet if a IMO cancer specialist does it.

We might be able to help more if we know the wording of the denial.

I am sure, based on what you said, that VA might have stated he does not have a current disability from this cancer.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites
Troy Spurlock Community Regular

Troy Spurlock

Posted
  • Author
Posted

Thanks, that will come in handy...

After doing some research this weekend, learning as I go, apparently rectal cancer is not classified as a soft tissue sarcoma...on its face by the definition of such it would be, but the medical data I'm finding now infers it to be an entirely different type of cancer.

Anyhow, still researching....

I was wrong, I bought new VA legal books via Lexis Nexis and found a classification of a soft tissue sarcoma that more likely than not could be (claimed) as the proximate cause of his rectal cancer.

Anyhow...we'll see.

I'm having him request to re-open his past adjudicated claim (since the appeal timeframe has expired) to claim it as a soft tissue sarcoma based on AO exposure with the proper medical classification of that type of cancer.

TS

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      Lebro
      Lebro earned a badge
      Week One Done
    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept