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For many disabled veterans exposed to Agent Orange, winning service connection for a disease not presumed to be caused by this exposure can feel impossible. Veterans with various forms of cancer, including pancreatic cancer, are often met with denials from the VA because pancreatic cancer is not on the list of diseases officially associated with Agent Orange exposure. Without the proper guidance, many veterans see their claims unfairly dismissed. However, a compelling case can still be made, especially when focusing on the medical link between type II diabetes—a disease recognized by the VA as caused by Agent Orange—and pancreatic cancer.
The Challenge: Pancreatic Cancer Not on the Agent Orange List
While pancreatic cancer is a devastating disease, the VA does not automatically presume it to be caused by Agent Orange exposure. Veterans who develop this cancer after service, and who were exposed to Agent Orange during their military duty, face an uphill battle when applying for VA benefits. The VA’s list of conditions associated with Agent Orange includes diseases like type II diabetes, prostate cancer, and several others, but unfortunately, pancreatic cancer is not on this list.
This is where the legal and medical strategy becomes crucial. Veterans who develop pancreatic cancer may still have a chance at winning service connection for the disease if a medical nexus can be established between their Agent Orange exposure and the development of pancreatic cancer through type II diabetes.
The Medical Link: Agent Orange, Diabetes, and Pancreatic Cancer
Type II diabetes is one of the conditions officially linked to Agent Orange exposure, and this is where veterans who develop pancreatic cancer may find a viable legal path. Scientific literature has established a connection between long-term type II diabetes and an increased risk of developing pancreatic cancer. Veterans who were exposed to Agent Orange and later developed type II diabetes are already recognized by the VA as having a service-connected disability. Therefore, if it can be shown that their pancreatic cancer is linked to their type II diabetes, veterans may still be eligible for VA benefits—even though pancreatic cancer itself is not on the list of presumptive diseases.
In many cases, the key to winning this argument is to provide clear evidence that the veteran’s diabetes preceded the pancreatic cancer diagnosis by several years. This timeline can be critical in demonstrating that diabetes likely contributed to the development of the cancer, rather than the other way around. Here’s how this approach worked in one case.
Case Study: Winning Service Connection for Pancreatic Cancer
In one case handled by our veterans benefits law firm, we successfully argued that a veteran’s pancreatic cancer was a result of his Agent Orange-related type II diabetes. The veteran had served in Vietnam, where his exposure to Agent Orange was presumed. Years after his service, in August 2001, he was diagnosed with diabetes when his blood sugar levels were found to be over 300 mg/dL. Two weeks later, he was diagnosed with obstructive jaundice, followed shortly thereafter by a diagnosis of pancreatic cancer. Tragically, the veteran passed away within 26 days of his cancer diagnosis.
The veteran’s widow filed a claim with the VA, arguing that her husband’s pancreatic cancer was either directly caused by his Agent Orange exposure or indirectly caused by his diabetes, which was linked to Agent Orange. The VA denied her claim on both grounds, stating that pancreatic cancer is not on the list of presumptive diseases associated with Agent Orange and that the veteran’s diabetes had been diagnosed only two weeks prior to his pancreatic cancer, meaning the diabetes could not have caused the cancer.
Undeterred, the widow appealed the denial. After years of fighting, she eventually sought the assistance of our veterans disability law firm. We crafted a new legal and medical strategy focused on the connection between the veteran’s diabetes and his pancreatic cancer.
Building the Medical Case
To build a strong case, we had to go beyond the initial diagnosis. Our team dug deep into the veteran’s medical history and discovered that back in 1994, seven years before the pancreatic cancer diagnosis, the veteran had undergone a blood test that showed a blood sugar level of 166 mg/dL—well above the normal range. At the time, no one officially diagnosed him with diabetes, but in hindsight, this elevated blood sugar indicated the early onset of type II diabetes.
We hired a medical expert to review the veteran’s medical records, and the expert provided a detailed opinion. He explained that based on scientific literature, when a diagnosis of diabetes is made more than five years before a pancreatic cancer diagnosis, it is likely that the diabetes contributed to the development of the cancer. In this case, the expert concluded that the veteran had undiagnosed diabetes for at least seven years before his pancreatic cancer was discovered. This made it highly probable that the diabetes, caused by Agent Orange exposure, led to the development of pancreatic cancer.
Overcoming VA Opposition
Despite the strength of our medical evidence, the VA remained resistant. The Board of Veteran’s Appeals requested a new medical opinion from a VA doctor, who argued that the veteran’s 1994 blood sugar reading of 166 mg/dL was not necessarily diagnostic of diabetes, especially since there was no indication that it was a fasting blood sugar test. However, we were prepared for this objection. We hired a second medical expert who carefully examined the veteran’s records and determined that the 1994 blood test had likely been conducted under fasting conditions, given that it was done early in the morning along with cholesterol and triglyceride tests—tests typically performed after fasting.
Armed with this new evidence, we successfully argued that the veteran had undiagnosed diabetes long before his pancreatic cancer diagnosis and that this diabetes was caused by his Agent Orange exposure. After years of appeals, the Board of Veteran’s Appeals finally granted service connection for the cause of the veteran’s death—pancreatic cancer, secondary to Agent Orange-related diabetes.
What This Means for Veterans with Pancreatic Cancer
This case highlights an important strategy for veterans seeking VA benefits for pancreatic cancer, especially those who have been exposed to Agent Orange. While pancreatic cancer itself may not be on the VA’s presumptive list, veterans who develop type II diabetes—a condition recognized as linked to Agent Orange—may still have a path to service connection if their diabetes contributed to the development of the cancer.
Veterans facing this uphill battle should not lose hope. With the right legal and medical strategy, it is possible to build a case that links pancreatic cancer to Agent Orange exposure through the well-established link between diabetes and cancer. This approach can be the key to winning VA benefits, even for diseases that are not officially recognized as connected to Agent Orange.
Connect with a VA Claims Lawyer from Our VA Benefits Law Firm
While there are a great many law firms available to assist you with your VA claim, few provide you with a case-specific attorney from the start. Instead of outsourcing much of the work on your case to paralegals and assistants, we put a VA claims lawyer on your case from the beginning to support the best chances of success in the end. We only get paid if we win, and your initial case review is free, so there is no risk in contacting us and seeing if we can help.