I have a Pact Act service connected disability approved at 0% due to asymptomatic. Can I request an increase?

2023-10-25T21:08:30-04:00

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?

Response by COL Randall C. made Oct 25 at 2023 11:21 PM

2023-10-25T23:21:57-04:00

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

M21-1-Part-VIII-Subpart-iv-Chapter-8-Section-D-Other-Temporary-Total-Evaluations%233e