VA Proposes Adding 9 Respiratory Cancers to Presumptive Service Connection List
March 03, 2022
On March 1, 2022, the Department of Veterans Affairs announced its intention of adding rare respiratory cancers to the presumptive service connection list due to particulate matter exposure from burn pits for veterans who served in the Southwest Asia Theater of Operations.
Respiratory Cancers Associated with Burn Pit Exposure
The nine respiratory cancers included in VA’s proposal are as follows:
- Squamous cell carcinoma (SCC) of the larynx
- Squamous cell carcinoma of the trachea
- Adenocarcinoma of the trachea
- Salivary gland-type tumors of the trachea
- Adenosquamous carcinoma of the lung
- Large cell carcinoma of the lung
- Salivary gland-type tumors of the lung
- Sarcomatoid carcinoma of the lung
- Typical and atypical carcinoid of the lung
Under VA’s proposed rule change, any veteran who had one of these cancers manifest to a degree of 0% or more at any time during or after separation would become eligible for service connection.
How to Apply for Disability Benefits
VA is encouraging veterans with these conditions who served in the Southwest Asia Theater of Operations to submit an “Intent to File a Claim” using VA Form 21-0966.
If a veteran qualifies, they should submit an intent to file if they were either previously denied service-connected disability benefits for one of these conditions, or have not yet filed a claim, but have one of these conditions.
Within one year of filing an Intent to File a Claim, a veteran must either file a New Claim on VA Form 21-526EZ or file VA Form 20-0995 to reopen a previously denied claim.
The publication date of the federal register will occur in the coming weeks. VA will invite and consider public comments as part of this process. Once rulemaking is complete, VA will conduct outreach to impacted veterans and survivors to inform them about potential eligibility.
If you are a veteran or know of a veteran who meets the criteria for these presumptive conditions, please call Legal Help For Veterans, PLLC for assistance at (800) 693-4800.