EDUCATIONAL TOOL ONLY. Not legal or medical advice. Not affiliated with the VA.
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Respiratory Cancers (Agent Orange Presumptive)
✓ VERIFIED AGAINST 38 C.F.R.§ 4.97 (Respiratory system) · reviewed 2026-05-27 · ClaimRecon Editorial Team
Respiratory Cancers (Agent Orange Presumptive) is rated by the U.S. Department of Veterans Affairs under DC 6819 of 38 CFR § 4.97, DC 6819 across 1 severity tier (100%). Service connection requires (1) a current diagnosis, (2) an in-service event, injury, or exposure, and (3) a medical nexus opinion linking the two under 38 C.F.R. § 3.303.
OVERVIEW
Cancers of the lung, bronchus, larynx, or trachea. Presumptive for Agent Orange-exposed veterans. Rated 100% during active disease. After treatment, rated on residuals including pulmonary function impairment.
RATING CRITERIA (1 LEVELS)
100%
Active malignant neoplasm of any specified part of the respiratory system (lung, bronchus, larynx, trachea, pleura, mediastinum), or during any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Per Note, the 100% rating continues beyond cessation of treatment; six months after discontinuance, mandatory VA examination determines the post-treatment evaluation under § 3.105(e). If no local recurrence or metastasis, rate on residuals under the appropriate respiratory DC (DC 6600 chronic bronchitis, DC 6825-6833 ILD framework, DC 6843 diaphragm paralysis, DC 6844 pleural effusion/fibrosis, etc.).
KEY EVIDENCE TO GATHER
-Service treatment records showing injury or complaints
-Imaging (X-ray, MRI, CT)
-Range of motion measurements
-Flare-up documentation per Sharp v. Shulkin
-Buddy statements describing limitations
-Prescription history
-Physical therapy records
-Employment impact documentation
C&P EXAM TIPS (6)
1.Do NOT stretch, warm up, or take pain medication before your exam. The VA needs your baseline limitation.
2.Report your WORST day. DeLuca v. Brown requires documentation of functional loss during flare-ups.
3.Tell the examiner about flare-ups: frequency, duration, estimated ROM loss. Sharp v. Shulkin (2017) requires estimates.
4.Request active, passive, weight-bearing, and non-weight-bearing ROM testing per Correia v. McDonald (2016).
5.If you use assistive devices (brace, cane), bring them.
6.Describe daily activity impact: work, sleep, household tasks.
SOURCES & EDITORIAL
Rating criteria text quoted verbatim from 38 C.F.R. § 4.97 (Respiratory system). Source verified 2026-05-27 by ClaimRecon Editorial Team during a regulation-text comparison against the Cornell Law CFR mirror; eCFR.gov is the authoritative government source.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026