Question:
Hello Jim, I am a Vietnam Vet, Blue Water Navy, within the required 12 nautical miles. I had lung cancer in 2007. Had part of my lung removed and luckily it was successful. I claimed benefits for Lung Cancer/presumptive illness. They had me go to a C&P exam and they confirmed via Pulmonary Function Test that I have severe obstructive lung disease. I knew that from prior tests I had before my AAA surgery for an aortic aneurysm in 2018. I also suffered a Stroke in 2016 and have Aphasia. Will the VA rate me on my severe COPD even with my lung cancer in remission as a residual illness? The examiner also measured my lung cancer scar. Not sure if my stroke will qualify for VA rating as being related or connected. Thank you.
Jim's Reply:
When a Vietnam veteran has a presumptive disease like lung cancer, he is evaluated at 100% disabled until he has treatment. Once treatment has completed the veteran no longer has cancer and will be rated on the residuals of having had the disease and treatments. After lung cancer it's fairly predictable that you'll have a reduced lung capacity. If I understand your question correctly, you'll be rated on what your pulmonary function tests show today with no particular regard as to the root cause or other history. Rating a large scar after surgery is a pretty routine part of the evaluation of residual effects of treatment.
Typically strokes and aneurysms are not service connected because of agent orange. However, if you have a diabetes condition that is service connected (as many Vietnam vets do) you may want to consider filing any vascular diseases as secondary to the service connected diabetes.
If you are short of breath, as is typical for a post-lung surgery patient, ask your doctor for a prescription to get home oxygen and have VA set you up. The home oxygen therapy will make you feel better and it will keep your rating at 100%.
Good luck.