Posted on Oct 25, 2023
I have a Pact Act service connected disability approved at 0% due to asymptomatic. Can I request an increase?
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I have a blood cancer that there is no known cure for. They just rated me at 0%. Can I file for an increase in the percentage?
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Compensation
Compensation
Posted 1 y ago
Responses: 2
To be clear, are you saying -
● You had an active cancer diagnosis but it is in remission and is asymptomatic now?
● You have an active cancer diagnosis but are not experiencing any symptoms from it?
● You have a pre-active cancer diagnosis and are being monitored to see if it develops?
The reason I ask is that the VA cancer ratings are either 100% or 0% - they are active or they aren't. If after cancer went into remission you had residual conditions from that cancer then those residual conditions would be evaluated and a rating assigned.
If you are have a pre-active diagnosis and aren't going through treatment, then it would be 0% for the cancer rating and for the residuals.
For example, if hypothetically, you've been diagnosed with Myeloma (a blood cancer that currently has no cure - treatments, but no cure) but it is not active ("smouldering myeloma"), there is no evidence of any damage to your body from it, and the docs have said to actively monitor it to see if they should start treatment, then in a case like this is is likely the VA would give you a 0% rating.
A 0% rating means your condition is service-related but there is no impact from it currently.
However, if there are impacts from you just having it, then that is a related claim. For example, if you've developed an anxiety disorder from constant worrying about the hypothetical Myeloma becoming active, then you would have the basis of a claim for it. The service-connected condition (Myeloma) is the cause of another condition (anxiety disorder).
If the hypothetical Myeloma were ever to become active, then you would file a supplemental claim and (likely) the VA would change your rating to 100% while being treated and for six months following your final treatment. At that point you would be reassessed and a new rating (based on residuals) would be assigned.
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* VA Cancer Ratings (VIII.iv.8.D.3.e. Cancer Evaluations) - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 77543/M21-1-Part-VIII-Subpart-iv-Chapter-8-Section-D-Other-Temporary-Total-Evaluations#3e
● You had an active cancer diagnosis but it is in remission and is asymptomatic now?
● You have an active cancer diagnosis but are not experiencing any symptoms from it?
● You have a pre-active cancer diagnosis and are being monitored to see if it develops?
The reason I ask is that the VA cancer ratings are either 100% or 0% - they are active or they aren't. If after cancer went into remission you had residual conditions from that cancer then those residual conditions would be evaluated and a rating assigned.
If you are have a pre-active diagnosis and aren't going through treatment, then it would be 0% for the cancer rating and for the residuals.
For example, if hypothetically, you've been diagnosed with Myeloma (a blood cancer that currently has no cure - treatments, but no cure) but it is not active ("smouldering myeloma"), there is no evidence of any damage to your body from it, and the docs have said to actively monitor it to see if they should start treatment, then in a case like this is is likely the VA would give you a 0% rating.
A 0% rating means your condition is service-related but there is no impact from it currently.
However, if there are impacts from you just having it, then that is a related claim. For example, if you've developed an anxiety disorder from constant worrying about the hypothetical Myeloma becoming active, then you would have the basis of a claim for it. The service-connected condition (Myeloma) is the cause of another condition (anxiety disorder).
If the hypothetical Myeloma were ever to become active, then you would file a supplemental claim and (likely) the VA would change your rating to 100% while being treated and for six months following your final treatment. At that point you would be reassessed and a new rating (based on residuals) would be assigned.
------------------------------------------------------------
* VA Cancer Ratings (VIII.iv.8.D.3.e. Cancer Evaluations) - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 77543/M21-1-Part-VIII-Subpart-iv-Chapter-8-Section-D-Other-Temporary-Total-Evaluations#3e
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SP5 Marilee Desin
Thank you so much for your response. the only damage to my body so far from the cancer is that I have gene mutation (JAK2) and high platelet counts. I have to have lab work done regularly to monitor my platelet counts. the only treatment now while my platelet count is not high enough for chemo is to take a daily aspirin. But yes, you are correct that it impacts me just knowing I have it. I wake up every day knowing I have an incurable blood cancer, go to sleep knowing this, can not donate blood due to the mutation and constantly think about it and my life is very deferent than it was before diagnosis. I am just one lab test away from chemo and that's all I think about. Is this something to pursue?
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COL Randall C.
SP5 Marilee Desin - It could be. My recommendation is to work with a VSO and discuss submitting a secondary service connection (SSC) claim for any condition you may have that is caused or aggravated by the cancer.
According to the VA, for SSC claims you'll have to show:
● You have a service-connected disability (already done)
● That you have another disability/condition (shown by medical evidence or by lay evidence of persistent and recurrent symptoms of disability that are visible or observable)
● That the other disability was caused or aggravated by the service-connected disability (again, shown by medical records or medical opinions or, in certain cases, by lay evidence.)
Another thing to examine is symptoms that are linked to your diagnosis. For example, people who have one of the five typical myeloproliferative neoplasms (MPNs), often experience fatigue, headaches, pain in extremities, etc. Any of those symptoms (the VA calls them "residuals") may have an impact on the rating that was given for your disability.
One document that might be of interest in seeing VA ratings of "Hemic and Lymphatic Systems"* to see if your condition is listed there and how they arrive at the rating.
Finally, if nobody has explained it to you, any service-connected disability rating (even 0%) makes you eligible for a number of benefits*.
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* https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_117.doc
* VA non-compensable disability rating - https://www.va.gov/resources/non-compensable-disability/
According to the VA, for SSC claims you'll have to show:
● You have a service-connected disability (already done)
● That you have another disability/condition (shown by medical evidence or by lay evidence of persistent and recurrent symptoms of disability that are visible or observable)
● That the other disability was caused or aggravated by the service-connected disability (again, shown by medical records or medical opinions or, in certain cases, by lay evidence.)
Another thing to examine is symptoms that are linked to your diagnosis. For example, people who have one of the five typical myeloproliferative neoplasms (MPNs), often experience fatigue, headaches, pain in extremities, etc. Any of those symptoms (the VA calls them "residuals") may have an impact on the rating that was given for your disability.
One document that might be of interest in seeing VA ratings of "Hemic and Lymphatic Systems"* to see if your condition is listed there and how they arrive at the rating.
Finally, if nobody has explained it to you, any service-connected disability rating (even 0%) makes you eligible for a number of benefits*.
--------------------------------
* https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_117.doc
* VA non-compensable disability rating - https://www.va.gov/resources/non-compensable-disability/
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SP5 Marilee Desin
Thank you so much for your responses - very helpful and I really appreciate it. Have a great day!
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I WENT TO THIS LAYWER TEAM NAMED JANDILLS. THEY HELP VETERANS- NO OUT OF THE POCKET, THEY TAKE 20% AT SETTALMENT, I WENT FROM 50/75 AND NOW 100% I HATE THE WHOLE PACACT SHIT BECAUSE THEY MADE ME BLOW IN A TUBE FOR 1 HR TO GET 3 OF THE SAME READINGS. 2 WEEKS LATER I GOT A CHECK IN THE MAIL FOR $250 SAYING THANK FOR SERVICE. I CURRENTLY HAVE A FRIEND WE BOTH SERVED IN THE SAME LOCATION, AND WATCH DETAILS BURN SHIT AND EVERYTHING IN OUR FOB WHEN WE PULLED OUT (MOSTLY AN ENLISTED DUTY). I JUST FOUND OUT HE DID THIS PACACT THING AN WAS GIVEN NEGATIVE ON ANY CANCER. HE JUST TOLD ME THE DOCTOR GAVE HIM UNTIL JAN/FEB 2024. TO LIVE BECAUSE IT IS ALL THROUGHOUT HIS BODY.
NEVER GIVE UP, GET EVERYTHING YOU CAN GET FROM THE VA BECAUSE THEY ARE NOT GOING TO REACH OUT TO YOU.
DO YOUR HOMEWORK AND NETWORK WITH OTHER VETERANS WHO ARE GOING THROUGH THIS PROCESS.
GOOD LUCK.
SAM00754
NEVER GIVE UP, GET EVERYTHING YOU CAN GET FROM THE VA BECAUSE THEY ARE NOT GOING TO REACH OUT TO YOU.
DO YOUR HOMEWORK AND NETWORK WITH OTHER VETERANS WHO ARE GOING THROUGH THIS PROCESS.
GOOD LUCK.
SAM00754
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