Question:

Jim, I am a Vietnam Vet and had my right Kidney removed due to Liposarcoma a VA presumptive agent orange cancer. It looks like I will be approved for compensation. My question is the VA surgeons are not sure they got all of the cancer, the CT scans show what could be cancer but it has not grown in five years. they want periodic CTs done as a precaution. Do I qualify for 100%? PS LipoSarcoma is a slow growing cancer. Thank you in advance.

Jim's Reply:

If we have a diagnosis of a service connected cancer, we are to remain rated at 100% until the cancer is treated and gone. Here's how that works: Whether or not any cancer is ever "cured" is debatable. But we have measurements and standards that tell us when treatments like chemo and surgery work and have removed what is substantially all the tumor.

What you tell me is, "surgeons are not sure they got all of the cancer, the CT scans show what could be cancer" and that statement is ambiguous and doesn't lead us to a conclusion that you still have cancer. "Not sure" and "could be" will lead VA to default that you do not have cancer if you aren't still being treated for it.

If you wish to pursue this you need a statement from a treating physician that is clear and to the point that says; "The veteran continues to have cancer when examined by CT scan".

It may be worth your while to try and get such a statement from one of your doctors. Then make the claim.