Breast cancer VA Rating

Breast cancer is rated under diagnostic code 7630. In the VA Schedule for Rating Disabilities it appears as Malignant neoplasms of the breast, within the GYN / Breast Conditions section of 38 CFR Part 4.

The essentials

Other names for this condition

VA and treating providers may use different terms for the same condition. If your records use any of these, they may still support a claim for Breast cancer:

• Ductal carcinoma in situ
• invasive ductal carcinoma

What evidence decides the rating

For gyn / breast conditions conditions, these are the findings VA weighs when assigning a percentage. If your examination did not address them, the examination may be inadequate for rating purposes — which is itself an argument on appeal.

• Treatment phase and residuals following surgery, radiation or chemotherapy
• Whether a mandatory VA examination was scheduled after the treatment period ended

Why these claims get denied or under-rated

These are the failure patterns we see most often on breast cancer and related gyn / breast conditions claims:

• The post-treatment mandatory examination was not scheduled, or the reduction that followed did not follow §3.105(e) procedure

If your claim was denied or under-rated

A denial is not the end of the claim. Which route is right depends on why VA decided the way it did:

• Higher-Level Review — when the evidence already in the file supports a grant and VA got the decision wrong, or the examination was inadequate.
• Supplemental Claim — when you have new and relevant evidence, such as a private nexus opinion.
• Board Appeal — when you need a Veterans Law Judge to decide, or want a hearing.
• Clear and Unmistakable Error — when a decision more than a year old contains an undebatable error, which can recover retroactive pay.

Effective dates matter as much as the percentage. See effective dates and back pay for how far back an award can reach.

Sources

• 38 CFR Part 4 rating criteria on eCFR
• VA Disability Benefits Questionnaires (DBQ) index