VA Disability for Esophageal Cancer
Esophageal cancer has increased in recent years, both among the general population and in veterans. A veteran who has been diagnosed with service-connected esophageal cancer is entitled to VA disability benefits. Here’s what you need to know about how to establish a service connection for esophageal cancer and how VA disability ratings for esophageal cancer are determined.
What is Esophageal Cancer?
Esophageal cancer is a cancer of the esophagus–the part of the digestive system that carries food and liquids from the mouth to the stomach. The most common type of esophageal cancer is adenocarcinoma, which forms in the glandular cells of the esophagus. The other common type is squamous cell cancer.
Esophageal cancer is treated in a variety of ways, including:
- Surgery
- Radiation treatment
- Chemotherapy
- Targeted therapy
The overall five-year survival rate for esophageal cancer is about 20%. However, survival rates differ significantly based on variables such as how early the cancer is identified and treated and whether it is localized or has spread.
Establishing a Service Connection for Esophageal Cancer
To receive VA disability benefits for esophageal cancer or any other condition, the veteran must show that the condition is service connected. In limited circumstances, the service connection for esophageal cancer is presumed. These include:
- Veterans who were exposed to burn pits during their military service have a presumed service connection for esophageal cancer and other gastrointestinal cancers. This presumption was created by the PACT Act.
- Veterans who engaged in radiation risk activities during their military service have a presumed service connection for esophageal cancer and certain other cancers.
If you don’t have a presumed service connection, then it will be your responsibility to show the VA that your esophageal cancer was likely caused by something you experienced during your military service, such as toxic exposure.
Depending on where you served in the military and what type of work you did, there may already be medical studies that support a service connection. Two common examples are Agent Orange exposure and exposure to the toxins in the water at Camp LeJeune. Though there is no presumed service connection for esophageal cancer in veterans exposed to either, existing research may help to support a service connection. It’s also worth noting that presumptive service connections are added as new information becomes available. So, it’s always a good idea to make sure you have the most up-to-date information about presumptive service connections for your condition. An experienced VA disability benefits advocate can be a good source of this information.
Other types of documentation, such as medical records and buddy statements, may play an important role in establishing a service connection for esophageal cancer. But the critical piece is often a well-crafted nexus letter. The nexus letter is a letter from a qualified medical professional who has thoroughly reviewed the veteran’s relevant medical records and can explain why it is likely that the condition was caused by an in-service event or exposure.
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VA Disability Ratings for Esophageal Cancer
Like other types of cancer, esophageal cancer is virtually always rated at 100% while the cancer is active. The 100% disability rating also extends six months beyond treatment. After treatment is completed and that buffer period runs out, the veteran will be re-evaluated and assigned a new VA disability rating based on any residual effects of the cancer (along with any additional service-connected or secondary service-connected conditions).
For example, one common residual effect of esophageal cancer is esophageal stricture, or narrowing of the esophagus. Here’s how esophageal stricture is rated:
- 0% – Diagnosis without daily symptoms or need for medication
- 10% – Daily medication required to control dysphagia
- 30% – Recurrent esophageal stricture causing dysphagia that requires dilation at least twice a year
- 50% – Recurrent or refractory esophageal stricture requiring:
- Dilation at least three times a year, or
- Dilation using steroids at least once a year, or
- Esophageal stent placement
- 80% – Recurrent or refractory esophageal stricture with at least one of the following symptoms:
- Aspiration
- Undernutrition
- Substantial weight loss and treatment with either surgical correction or percutaneous esophago-gastrointestinal tube (PEG tube)
Putting Together an Effective VA Disability Claim for Esophageal Cancer
If you’ve been diagnosed with esophageal cancer, you should file your VA disability claim as soon as possible. However, it’s also important to be sure that you have thoroughly documented your claim, including the evidence needed to establish a service connection. As of September of 2024, it takes the VA an average of 145 days to decide a disability claim. However, benefits can be backdated to the effective date of your claim, which is typically the day your claim was received. If you’re not quite ready to submit your claim, your VA disability benefits advocate can explain how you may be able to use a notice of intent to file to preserve an earlier effective date.
Your advocate can also help ensure that you have the documentation the VA will be looking for, both to establish a service connection and to show the extent of your disability to help the VA assign the right disability rating.
If you’ve already filed a claim and been denied, or if you’ve been assigned a disability rating you don’t think is correct, Disabled Vets can help with that, too. Our advocates have a solid knowledge of the three different options for appealing or securing reconsideration of a VA determination. We can help you:
- Understand the different options and the pros and cons of each
- Choose the right next steps for your claim
- Communicate with the VA about your request for review or appeal on your behalf
- Assemble the most effective information and documentation for a supplemental claim or board appeal with evidence
You typically have 12 months to request higher level review or request a board appeal. However, it’s best to act quickly if you’ve been denied benefits or received a lower-than-appropriate disability rating. That’s because it can take the VA a long time to make a determination.
The VA aims to resolve supplemental claims and higher level review actions within four to five months. However, some claims take longer. If you opt for board appeal or get an unfavorable determination through a supplemental claim or higher level review and need to proceed to a board appeal, the timeline is much longer. A board appeal with no new evidence submitted typically takes about one year to resolve. For a board appeal with evidence submission, that’s extended to about 1.5 years, and if you request a hearing you could wait two years or more for a determination. So, the best time to get started is today.
To learn how Disabled Vets can help, call 888-373-4722 right now or fill out our contact form.
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