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    • NOD / DRO or TARP?
      After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much!  In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd I agree with pete992 My fellow Veteran Brother Never give up on your claim. you don't have to be a combat veteran to file a claim.   you served and did your time  your a veteran just like the rest of us  so if you have a disability to claim...by all means claim it. These claims are never a piece of cake or sure thing ,we all have to fight for what we get with our str's and..medical evidence and good favorable Dr reports (VA or Private)are great to have  its hard for them to deny that kind of evidence. Now with that said ts been known that some veterans have had all the evidence and medical records under the sun to prove there claim and VA still deny's them! eh! (VA don't read all the necessary Documents some times) So the fight is on and some claims take less and some takes a long ass time. If you get denied  they usually will send you the reason why and send you a NOD (notice of disagreement) to dispute what they denied and you can add more evidence and lay statements.(WITHIN A YEAR) Just ask your questions here on Hadit  and some of the elder members with a lot More & good experience and knowledge of VA Claims can help you. Remember Knowledge is Power! And I my opinion that's what we all Need to fight our claims. Don't sale yourself short Buddy.   ........Buck
    • Progress is Progress - However so Slight ;)
      Texas Marine, at this point it might be worth a shot to call the Office of Case Management, try this number-(202)-930-5470, they should be able to give you up to date information and speed things up possibly. Did you have a video teleconference hearing before a VLJ? That is a long time, I had my video hearing at the RO in June of 2015, I believe on the 22nd, by the 17th of August I had the decision from BVA. I hope that they can provide some help and speed up the process!! If that doesn't work, it might be time to send an email to the VA Secretary. Best of Luck to you!!
    • Dr Ellis IMO
      Let me add, after our appointment, it took a little over a week for me to receive the completed IMO. I am on heavy pain meds right now and making less sense than usual! So, first call the clinic, tell them you are interested in obtaining an IMO from Dr Ellis, they will send you the application, after you complete the application(include it in your packet), and gather all of the records you are going to send, including the Summary of Records list, send it off, they will call you as soon as they receive it and usually the appointment timeframe is anywhere from 1 1/2-2 months after they receive your packet. However, after the appointment you will receive the complete IMO usually within 2 weeks, max.
    • Dr Ellis IMO
      hilltravis, I am sorry for the late response, I was having computer issues today! For my appointment with Dr Ellis, I called they let me know to send in all of my relevant medical records pertaining to the issues I need to have service connected (as secondaries in my case), as soon as they received my recs, Dr Ellis called me, I believe less than a week later, and we set up the appointment for almost two months after he called me. I believe he is always pretty booked up, so what I recommend is going ahead and making copies of all of your relevant medical evidence, be sure to send prior VA decisions if you have been denied previously for the claims you want service connected, as well as any c&p exams you might have for the conditions. Send them to Dr Ellis, HOLD UP! First call his clinic, and they will send you the application to fill out, also its very important you include a Summary of Records in the packet, listing all of the recs you included. When you receive the application from Dr Ellis it will have instructions on how to send your recs. After our appointment, (over the phone, as I tried to travel and had to turn around), it literally took only a little over a week. He is excellent! I hope that helps, let me know if you need the number for the clinic, and again, sorry for the late response!
    • Did I get lowballed?
      She did use a goniometer. Which is why I'm confused I didn't get the standard rating. I guess I'll stand my for c&p to contact me. I'm tempted to talk to my VSO about this and see why the rating was so low.    Thanks for your help
    • Did I get lowballed?
      Did the examiner use a goniometer?  If not then he/she just guessed.  And that would be wrong.  Did you use a goniometer? Anyway, you probably and most likely got lowballed.  I asked for an increase after one or two years and I got it because of ROM.  Not sure I felt any different from the first time, but my ROM must have decreased. Keep up the good work, Hamslice Oh, and I forgot, stop at pain, always stop at pain.....  
    • Connect Your Docs
      Anyone have any thoughts on the " Connect Your Docs " feature on eBenifits.  Yes a good thing, or no not a good thing. Supposedly will connect your VA med record with participating civilian records. Lets here it,,, Hamslice    

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Agent Orange Was Leaking In April 1972 On Johnston Island. Fw: In Memory, My Health, Our Day In Va Appeals Court

4 posts in this topic

Subject: [VeteranIssues] Agent Orange was leaking in April 1972 on Johnston Island. FW: In Memory, My Health, Our Day in VA Appeals CourtDate: May 30, 2011 10:41 AM

From: Paul E. Travis [mailto:poppy0200@hotmail.com]

Sent: Monday, May 30, 2011 12:32 PM

Subject: In Memory, My Health, Our Day in VA Appeals Court

Importance: High

We probably all know someone in the Military that gave the Ultimate Sacrifice for our Country.

This may have happened in some far off place, or back home from their wounds, exposure to God only

knows what (AO or other deadly contaminants) or even suicide due to PTSD. Also don't forget those

that were contractors and those in USO Tours that were supporting our troops! Many are fighting

deadly diseases due to Agent Orange exposure in Vietnam and elsewhere.

Every year in Washington DC, the Rolling Thunder Ride takes place with thousands of Motorcycles

that rides through DC to honor our fallen Vets. For the last few years, some of my sons and my

grandsons take part in this ride and proudly displays the US and MIA flags (could be t-shirts or flags)

on their ride. Just their way of saying THANKS to our Veterans!

To ALL Veterans and Families, from all eras, Thank You For Your Sacrifices For Our Country!!

==============

Many of you already know that on April 28th a growing tumor (3.7 x 3.7mm) was found during a follow-up

PET Scan. This tumor was significantly larger than the previous PET in Oct 2010, but was confusing because

the nuclear isotopes didn't "light up". Not surprising because liposarcoma's are extremely hard to detect and

determine the size using any current technology (MRI, CT, PET).

In the past, every time that a tumor was found and a surgery performed, the surgeons found additional tumors

and/or much larger tumors. The 1st one in 1999, CT and MRI indicated a large tumor, but when the surgeon

went in, the liposarcoma weighed 26 lbs and was the size of 2 footballs. This was the 1st time I was asked if

I was exposed to Agent Orange.

My Oncologist sent me to a top rated Oncology Surgeon to see if the liposarcoma could be removed. After

meeting with a special Medical Tumor Board, they decided that a further MRI scan was needed. They were

also confused as to the size that showed up in the PET scan films. Then another Tumor Board evaluation.

The following Tuesday, 5-24-2011, we seen the Surgeon again. The tumor is extremely large, attached

to my back muscles again, extending high up in my left side and down into my pelvis. It also encases a large

portion of what is left of my small intestines (remainder my large intestine were removed in 1999). The

surgeon then told Sandy and I that he was sorry, but there was nothing he could do as the tumor is inoperable.

We went to see our Oncologist's Nurse with our news and we have started the process of getting Medicare and

Tricare to pay for chemo. Chemo may start late this week or next week. We believe the tumor is rapidly growing,

around a foot long and Stage IV. We know that again, God has stepped in and will STOP this Tumor!!!

==============

We want to THANK EVERYONE that helped us with our fight with to get VA to recognize that Agent Orange was

leaking on Johnston Island starting in April 1972. Our VA Appeals Court date was on 5-26-2011. This is a

synopsis of what we used during our presentation to the VA Judge. Scott, An American Legion VSO prompted us

on questions that we had already decided on using. After reviewing our documentation, he indicated it was one of

the strongest cases of proof for a win he had seen. I was on JI, an island 1/2 mile wide by 2 miles long,

Nov 1972 thru Nov 1973. Impossible to get away from dangerous conditions.

As those of us hunting for others that were on JI in the early 70's we found out that most were gone, primarily

because of AO on Johnston Atoll. I hope we can get this information to their families, plus others still here

and fighting AO. We remember Harvey Hollister, a very close friend that we fished and worked together. He

went to be with God last year. Another of Harvey's, Richard's and my close friend, is Wilbur Bubb. He was the

Protestant Chaplin on JI and has proved that it pays to be one with God -- he has no illnesses from AO.

VA states that AO did not start leaking on JI until 1974 (based on Alvin Young's documentation),

and then only a minimal amount. I had a Alvin Young document where he took 200 samples on JI in 1972

and found TCDD as high as 47 u/ug (ppm, gets deadly on anything over "parts per trillion").

With Gods help finding documentation from all over, we found a Johnston Atoll History document that included

proof from Contractor Holmes & Narver (they managed the Agent Orange storage) that 8,990 55-gal drums of

AO were leaking in April 1972 on Johnston Island.

We used another strong Johnston Island (JI) History document that Richard put together a few years ago that

proved AO, deadly nerve and mustard Gas, asbestos and radiation were everywhere, including AO in our

potable water.

We used three VA Appeals Court wins by other JI Vets that proved our living quarters were near the AO storage area,

an open Pit of AO 75' by 100' (probable re-drumming area) of AO and the 3rd, just granted AO Exposure.

We used Charlie's VA DRO win document and Richard's VA DRO win documents (with their permission letters).

We used a strong Buddy Statement from Richard who has leukemia and 100% due to AO on JI. He was on the Rock

at the same time as me and we worked together in the Comm Center, the AFRS radio station with Harvey Hollister

and photography. We were both there on the day in the late summer of 1973, that Capt Alvin Young told us not to

worry about AO in our water, they only found traces. They never documented the water contamination until the

later 1970's.

We used another strong Buddy Statement from Norbert and a "Reverse Osmosis" study document that proved AO

could get through the RO process (from scientists in Australia). Norbert is 90% with 100% UI because of JI.

We used a NOAA document that proved Hurricane Celeste hit Johnston Island on Aug 19, 1972 with winds measured

at 105 kn. All people were evacuated from JI before it hit. This blew AO from the open to all over the Atoll.

We used a www.cancer.gov document that stated Soft Tissue Sarcomas come from primarily Radiation or

Herbicides, and that cancer can take up to 30 years to develop. Govt's own website.

Used an VA Agent Orange Registry Exam results letter that stated "liposarcoma is a Agent Orange disease".

Lesli provided a Congressional Research document on VA Presumptive exposures of AO.

I also found and used many documents from VVA, Neils' Johnston Island website, Col Dan, Charles Kelly's website,

Chuck and Chuck who provided lots of help, and so many more who is part of the fight with VA and Congress to

provide real help for the ill Veterans.

When I arrived on JI in Nov 72 and when Richard arrived in Jan 73, we could smell a strong odor we later found out

to be Agent Orange. We were more worried about the reasons we were issued a Gas Mask and Atropine to be carried

24x7 (for protection from nerve and mustard gas leaks). We also noticed lots of rabbits, who would 1st react from leaks.

At the end of our presentation to the VA Judge, she Thanked us for a great presentation and we stated we would send all

of our proof to them, even though we had some duplicates from my VA File (our 3 1/2 inches of documentation is easier

to go through than the 2 1/2 feet of my VA file).

Our VSO stated that he was 99.99% sure that we won our case, even without providing our documentation, just based

on our testimony. We are also sure we won because of God's help!!

Remember the Vietnam people who are ravaged with diseases many generations after being exposed to AO.

Thanks to all , family and friends and strangers, from all over that Prayed for my health!! Couldn't be here without you!!

Again, Thank You to all who has helped us in our fight!!

God Bless!!

Paul and Sandy.....

AGENT ORANGE -- The Unwanted Gift From The Govt, That Gives Until Death !!

__._,_.___ "Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/

http://www.facebook.com/dan.cedusky

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I have first hand knowledge of Johnston Atoll or island. I have some info for you if you would like it.

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I was on Johnston Island from July 20, 1971 through July 21, 1972. I now have medical issues and believe they are related to agent orange exposure. I need any help I can get to prove that we were exposed. Thanks so much for any information you might have

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There have been Agent Orange awards over the years regarding service exposure to herbicides that was not incountry-Vietnam service (such as Thailand and Korea DMZ vets- the actual AO regulations and criteria for those vets are here at hadit under a search.)

I posted this BVA case here a few years ago:

In part:

“The service records document that the appellant was stationed

on Johnston Island from June 1975 to July 1976. In support

of his claim, the appellant submitted a letter from the

Department of the Army, dated in May 1975, welcoming him to

his assignment to the 267th Chemical Company on Johnston

Island. An orientation packet notes that the mission of the

267th Chemical Company, noted to also be known as "Red Hat,"

was to provide for the storage, maintenance, security,

issuance, and surveillance of chemical munitions.

In a July 2005 statement in support of the claim, the

appellant stated that upon arriving on Johnston Island, he

was provided with a gas mask, and that on his way to his

guard post every day, he passed by oxidizing drums of Agent

Orange. In correspondence received from a fellow service

member in July 2005, the individual noted that during his

service on Johnston Island from July 1975 to August 1976, he

observed hundreds of barrels of Agent Orange that were stored

in 50-gallon drums in an open air compound in close proximity

to the post and barracks. It was noted that the barrels

appeared to have been "oxidized" as a result of exposure to

the salt water surrounding the island, and that on two or

three occasions, alerts of possible wind shifts were issued

nearly causing the island to be evacuated during monsoon

season.”

http://www.va.gov/vetapp08/files1/0806141.txt

These claims require

1.diagnosis of a presumptive Agent Orange illness (the presumtive list is here under a search)


  1. And proof of direct exposure to AO or, as this BVA decisions says,

“In the present case, while the appellant has not established

that he was personally exposed to the herbicide agents, there

is sufficient evidence to imply that the appellant was at

least in the vicinity of the Agent Orange herbicide. The

evidence of record establishes that the appellant was on

Johnston Island and that there were at least residuals of

Agent Orange on Johnston Island and/or Agent Orange was

stored on the island. Applying the reasoning of Pentecost

and Suozzi, supra, the Board finds that this evidence tends

to establish that the appellant was exposed to herbicide

agents while serving on Johnston Island. Thus, having

resolved doubt in favor of the appellant, the Board concludes

that there is sufficient verification that the appellant was

exposed to herbicide agents on Johnston Island.”

Here is another AO Johnston Island award:

http://www.va.gov/vetapp07/files1/0708979.txt

If a veteran has a presumptive AO illness, with internet research,military personnel records, buddy statements, and by using some of the same types of evidence this vet above used, these claims can succeed.

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