Larry Dandridge

How to file for VA service-connected disability “Tax-Free” compensation for a burn pit disability condition

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Editor’s note: This article is the sixth in a series of six.

By Larry Dandridge

You can read the first five articles in this series in The Island News archives – go to https://www.yourislandnews.com and click on Military.

Pancreatic cancers

The VA webpage “Presumptive Cancers Related to Burn Pit Exposure” confirms that the VA considers these pancreatic cancers presumptive: Exocrine pancreatic cancers (including adenocarcinoma, adenosquamous carcinoma, colloid carcinoma, and squamous cell carcinoma) and Neuroendocrine pancreatic cancer. Warning: This is not a complete list of presumptive pancreatic cancers, and neither are the following lists complete lists.

Reproductive cancers (Female)

The VA considers these female reproductive cancers presumptive: Breast, paraurethral glands, Cervical, Ovarian, Uterine, Vaginal, and Vulvar cancers.

Reproductive cancers (Male)

The VA considers these male reproductive cancers presumptive: Penile, Prostate, Testicular, and Urethral cancer.

Respiratory cancers

Respiratory cancers are any cancers found from the area of the nose to the space between the lungs and beneath the chest wall (the pleural space). These cancers include cancers of the bronchus, larynx, lung, pharynx, and trachea.

Respiratory cancers (Bronchial cancers)

The VA considers these bronchial cancers presumptive: Adenocarcinoma, Large-cell carcinoma, and Squamous cell carcinoma.

Laryngeal cancers

The VA considers these laryngeal cancers presumptive: Adenocarcinoma, Chondrosarcoma, Glottis, laryngeal neuroendocrine, subglottis, or supraglottic neoplasm, Lymphoma, Plasmacytoma, Sarcoma, and Squamous cell carcinoma.

Lung cancers – Non-small cell lung cancers

The VA considers these non-small cell lung cancers presumptive: Adenocarcinoma, Carcinoid tumor, Large cell carcinoma, Pleomorphic carcinoma, Salivary gland carcinoma, Squamous cell carcinoma (epidermoid carcinoma), and Unclassified carcinoma.

Small cell lung cancers

The VA considers these small-cell lung cancers presumptive: Combined small cell carcinoma and Small cell carcinoma (oat cell cancer).

Other lung cancers

The VA considers these other lung cancers presumptive: Adenosquamous carcinoma of the lung, Sarcomatoid carcinoma of the lung, Sarcomoid carcinoma of the lung, and Typical and atypical carcinoid of the lung.

Nasopharyngeal cancer

The VA considers these nasopharyngeal cancers presumptive: Keratinizing undifferentiated carcinoma, Non-keratinizing undifferentiated carcinoma, and Squamous cell carcinoma.

Paranasal sinus/nasal cavity cancer

The VA considers these paranasal sinus and nasal cavity cancers presumptive: Lymphoma, Melanoma, Neuroendocrine carcinoma, Plasmacytoma, and Squamous cell carcinoma. The VA also considers these rare paranasal , sinus and nasal cavity cancers presumptive: Adenocarcinoma, Adenoid cystic cancer, Fibrosarcoma, undifferentiated pleomorphic sarcoma, Leiomyosarcoma, Olfactory neuroblastoma, and Rhabdomyosarcoma.

Pharyngeal cancers 

The VA considers these cancers presumptive: Basaloid squamous cell carcinoma, Keratinizing squamous cell carcinoma, and Non-keratinizing squamous cell carcinoma.

Oropharyngeal cancers

The VA considers these throat cancers presumptive: Lymphoepithelioma, Lymphoma, Minor salivary gland tumors, Salivary gland cancer, Squamous cell carcinoma, and Tonsillar cancer.

Trachea cancers

The VA considers these cancers presumptive: adenocarcinoma of the trachea and squamous cell carcinoma of the trachea.

5 steps to claiming burn pit service-connected disability

1. Understand that Veterans can claim service-connected disability claims for:

  • Problems (medical conditions/disabilities/injuries/) they had before they entered the U.S. Army that were worsened (Aggravated) by military service.
  • Service-connected disabling medical conditions, wounds, injuries, illnesses, traumas, scars, military sexual trauma, and events that happened while they were in the military.
  • Service-connected disabilities (illnesses, worsening conditions, complications, etc.) that show up after you are discharged or retire from the military.
  • Service-connected disabilities/conditions for secondary conditions (there are hundreds of secondary conditions), like migraines caused by TBIs.
  • Service connection from hospital care, medical or surgical treatments, or examination by a VA medical professional or facility, or due to participation in a program of vocational rehabilitation. See 38 U. S. Code 1151 (rare situation).

2. Make a list of your service-connected injuries and health conditions.

Make a list of your service-connected conditions and disabilities that are caused by a service-connected wound, injury, illness, trauma, event, scar, or secondary condition. Include, for each disability, the symptoms (pain level), severity, and frequency of the problem. Include, for each problem, the medications, treatments, aids/medical devices you use to treat/cope with the injury or illness.

3. Call your local VA-accredited Veterans Service Officer and make an appointment to appoint your VSO to represent you and guide you through filing your claims.

Each county in South Carolina and (or region in some cases) in every state has a Veterans Affairs (Service) Office. For example, the Beaufort County, S.C. Veterans Service Office has three locations and can be reached at 843-255-6880. You do not have to use a country VSO; you can use the VSOs collocated at VBA Regional Offices, the VSOs working directly for Veterans Service Organizations (American Legion, VFW, VVA, etc.). Follow the VSO’s instructions on what forms, evidence, and support documents to assemble and bring with you.

4. Do your homework.

The more you know about service-connected disability claims, the better your claim will be, the better the chance your claim will be approved and faster, and the more you can help your VSO with preparing and submitting your claim. Read the information at www.va.gov and in these articles.

5. Assemble your evidence.

Assemble your evidence and supporting documents, including your DD214s, your Records Brief, your military medical records (those pages that confirm your original wound-injury-illness-trauma-event-scar-etc., VA Medical Records, Civilian Medical Records, Military Awards, and military personnel records (Purple Heart, OERs, EERs, etc. that confirm service in each country and wounds/injuries/illnesses/traumas, etc.), accident reports, line of duty investigations, OHRs, pictures, Disability Benefits Questionnaires for each medical condition, Lay Witness Statements, and NEXUS letters. 

If you do not have your military medical, dental, and personnel records, or DD214, request them from the National Archives (or Military Holding Facilities). Write your VA file number in the top right-hand corner of every page of your claim and supporting evidence. Keep a copy of every page of your claim and evidence. Don’t give away the originals.

6. Enroll in VA Healthcare.

If you are already enrolled, that is great. However, you must see your VA Primary Care Provider once a year, or you may be disenrolled and must re-enroll. If you are enrolled, make an appointment with your VA Primary Care Provider and get treated for whatever service-connected disabilities you plan to claim. This way, when the Veterans Benefit Administration sends you for a Compensation and Pension (C&P) Exam, you will already have been diagnosed and treated for that condition. You can ask your doctor, Physician’s Assistant, Nurse Practitioner, or other VA Specialist (Physical Therapist, Occupational Therapist, Speech Therapist, etc.) to write you a NEXUS Letter connecting your condition to your military service.

7. Follow the advice of your VA-accredited VSO.

This concludes this series.

Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a former Veterans Service Officer, a Patient Adviser at the RHJ VA and Durham VA Medical Centers, a Fisher House Charleston Goodwill Ambassador, and the VP for Veteran Affairs for his local AUSA Chapter and VFW Post 7383. Larry is also the author of the award-winning Blades of Thunder (Book One) and a contributing freelance writer with The Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.

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