Colorectal Cancer

[Knorr57]

I was diagnosed with Colorectal Cancer in December and I have several surgeries! My question is can I file VA disability! My military records indicate I went to sick call many times during the ten years I served and they would always tell me it was IBS. Can I file a claim?

[Dustoff1970]

Very doubtful since you received no cancer diagnosis in service or within one year after discharge and like me and many other vets I was diagnosed by VA and private doctor with IBS many many years ago.  VA list this in my medical issues list but states it is not service connected and I never filed a claim.  Did you receive formal diagnosis of IBS in your service records???.  A listing of your sick call IBS complaints may not be enough 

You should consult a paid professional VSO at a VA regional office or hospital such as DAV, VFW, Amer Legion, AMVETS, etc or state or county VSO to assist you with advice and info and filing a claim.  Their services are free to the vet.

If you are a Vietnam vet then check the VA website for a list of Agent Orange presumed cancers that may list colorectal cancer as one of those that would automatically qualify for compensation.

Others should be along soon with more advice.  Sorry for your diagnosis and wish you all the best.  I am 76 and just received a negative stool test for Colorectal cancer.  I no longer have colonoscope procedures.

My comment not legal advice as I not a lawyer, paralegal or VSO.

[GBArmy]

Hello Knorr 57, welcome to Hadit. Yes, to answer your question, but without good medical evidence, it probably won't be successful. How long have you been out before you were diagnosed with the cancer? Obviously, many cancers take a long time before they are discovered. So you would need a medical opinion that because of that time lap, it is probable (at least as likely as  not) that you could have developed cancer while in the service. If your STR's and medical records indicate the same symptoms as the cancer that is developing as opined by your doc, you may have a chance. I would try a few law firms and see what they can offer, but remember they can't actually represent you until your (first) claim is denied. Many have a medical back up that they can provide to you for the nexus. Try a few lawyers and see what they say, but before you commit be sure you vet them out to be sure they know what they are doing. You would be evaluated on any residual symptoms if you were successful.

[broncovet]

File the claim.  You will need, as always, medical evidence to support your claim.  

Look in your file, and try to find these 3 things..VA will before they approve it:

1.  Current diagnosis..colo rectal cancer. 

2.  In service event.  

3.  Nexus, or doc opinion that your colo rectal cancer is at least as likely as not due to an event in military service.

    But wait, there is more!  When you entered military service, you had an entrance physical.  When you got out, you had an exit physical.  In between that time, if you "have issues" its presumed you got it from military service.  You were healthy going in, sick going out..you got it there.  

    No, you do not have to have a "diagnosis in military service" to get compensation.  That is a myth.  You have to have a CURRENT diagnosis" not one in service.  

    A few examples of Vets who were not diagnosed "in service" but were diagnosed later, and got compensation:

    A.  Hepatitus C.  Back in the 70's hep c was not even invented.  They did have a "non A, non B hepatitis", but that was later called Hep C.  Many Vets have been compensated for hep c, when it was NOT diagnosed in service.  One, in particular, is a former hadit member Alex Graham.  

   B.  Sleep apnea.  Again, this was pretty much not invented before around 1965 or so.   However, like hep c, this does not mean that Vets can not suffer from the disorder, and it does not mean it could not be caused by an event in military service.  

In the case of sleep apnea, some Vets provide a buddy letter, such as, perhaps, that so and so Vet hit his nose on the pool floor, and broke his nose, then later they noticed this Veteran had snored very loud.  If you get diagnosed with sleep apnea later, a doctor could provide a nexus statement that your facial injury in service at least as likely as not led to your sleep apnea diagnosis in 2022.  

    These are not the only examples.  Many disorders, caused by military service dont cause problems sometimes until years or decades later.  Still another example is military who jump out of airplanes then later have bad knee problems.  Gee, I wonder if jumping out of an airplane multiple times could cause knee damage...A doctor could easily opine that is the cause.  

     I dont know "what" even could cause colo rectal cancer, but Im not a doc.  Toxic exposures, for example.  Many of us were exposed to things like agent orange in vietnam.  Agent orange is a known carcinogen.  I dont know where/when you served, but I do know that many military Vets were exposed to toxic chemicals.  

    If, for example, you were diagnosed with IBS in service (check your records), its possible a doc could opine that IBS led to your colorectal cancer.  Again, Im not a doc, and I can not provide a nexus, that is for medical professionals to determine.  

Edited August 16, 2022 by broncovet