Normal Outcomes

Question:

Sir I was diagnosed with thyroid cancer in 2006 and had entire thyroid removed. I retired in 2010 and was given a 10% VA rating. The cancer was never in remission since my body had antibodies still present. Just went in and had a modified neck dissection in Dec 2021. My question is should the rating been 100% since retirement since the cancer was not in remission? I just completed a VA claim appointment for the neck dissection. What is normally the outcome? Thank you.

 

Jim's Reply:

There are no 'normal' or average outcomes in the VA claims system. Not only is every case different down to the most minute detail, the system of adjudication is rife with mistakes and errors that produce wrongful decisions that require appeal.
 

If you'd like to look for cases similar to yours you can search outcomes at the Board of Veterans Appeals. You'll see the search engine there and you can insert key words to pull up cases like yours. This doesn't guarantee a favorable outcome to you as BVA cases do not establish precedent. If you find a case that has prevailed you will more or less have to duplicate that pathway.
 

If I understand you correctly, the answer will be no. If you had a rating of 10% in 2006 and sometime between then and now the conditions worsened, VA could not have known that until you filed a claim for an increase or appealed the rating you were awarded. Had you appealed that rating within one year of it being awarded, you may have won an increase...or not.
 

Good luck sir.