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changing information on a claim that is being processed

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recycled disciple

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Hi,  I have a question concerning my benefit claim.  I have been diagnosed with Multi Myeloma, Hearing loss, chronic back pain, etc.  I served in Vietnam on a blue water ship.  Even though I was a Blue Water Sailor, my VSO insisted that I file my claim for AO,    I received a letter from the  DVA concerning my claim they want "evidence my ship was in the inland waterways of Vietnam or I went ashore, docked in Da Nang harbor"  Yes, my ship( USS Hornet CVS 12)  was in the territorial waters of Vietnam, and yes I have proof of that, deck logs.   In doing the research for the information needed.  I remembered being at Treasure Island in San Francisco.  I was there for 2 months in 1966. I also have my service records that show my orders that ordered me to Treasure Island.   I found the barrack I was in, it is located in one of the heavy radiation areas.   The illness of Multi Myeloma is presumptive for AO.  In a recent document about Multi Myeloma from the American Cancer Society dated 05/2015, it says that Radiation is the primary cause of Multi Myeloma.   When I was diagnosed with Multi Myeloma and still today, Drs ask me if I had been exposed to a lot of  Radiation.   After doing the research I feel my illness might be from Radiation and Solvents I was exposed to on the ships. Radiation from Treasure Island, and Hunters Point, my carrier docked there several times I got off and on the ship for shore leave.   Solvents, from cleaning bilges in the engine room and other items.  

 My question is with the new information I have just found out, how should I proceed in including the radiation exposure, concerning my claim?   Do I include it now?  Wait until it is rejected for Vietnam AO,  give them the information about where My ship was in Vietnam and hope for the best.  I don't know what to do.  My VSO says  No don't submit the radiation info  it will just prolong the claim.  I think he might be right about prolong it, but on the other hand it might help if it is put in right away.  Any input on this would be helpful 

 

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Others will chime in here with the opposite of what I am going to say. They will say to add it now. But this is what happened to me, so take your own best course of action.

When I had submitted my first claim; which was just before the Nehmer court case (AO) appeal results were announced; it also contained a claim for when I was sprayed in the face with HALON. After months of waiting, I received a phone call from the VARO asking me for my proof of Vietnam service. I told the guy where the proof was, both with my first ship being on the list and also a set of orders proving I was in DaNang. (I checked the list of approved ships, and the Hornet being a "Birdfarm" is not on it. I am not sure how you will be able to prove Presumptive AO exposure).

He also asked me about the HALON incident and when done, I of course asked him how much longer before the decision. He said that he could approve the Heart and Diabetes right now under Presumptive AO exposure, but it will be many months more to do the HALON prove-up. He said that if I dropped the HALON claim now, I could always add it on later. And that is what I did.

I decided to prioritize my medical conditions and just fight on a single front and for me, this was my best choice as I have been successful in doing so.

What will be the easiest way to PROVE exposure (AO or Radiation) and what will the doctors say?

Best of luck with your claim.

OSC

 

Edited by OSC
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Thank you for your reply.  I know that the AO is going to be hard to prove.  The deck logs show the ship being in the northern part of the Tonkin Gulf, and the Territoral waters of Vietnam.   I do have the service metal for Vietnam and I received combat pay for being in a combat zone.  I have those docs, for what they are worth.  Some say the combat pay proves, but the metals are being ignored.  The VSO felt that was enough information to prove exposure.  I didn't need to add Radiation and Solvents.  I did write a cover letter that was submitted with my claim that explained my exposure to Radiation and Solvents,  At the time I did not have a lot of information about the Radiation, not like what I have now concerning Treasure Island and Hunters point.   I did express my concern about not adding Radiation and Solvents to the VSO, he insisted that we didn't need it.  The Drs  at the VA where I was first diagnosed, thought my illness was Radiation caused.  At the time the radiation problem at Treasure Island was not known, so I never thought to mention being stationed there.  Some how I think the Radiation and Solvents will be easier to prove.   I just have to figure out how to change that claim. I really don't care if it takes a little longer, I just want it correct. 

Thank you again for your reply

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Depending upon your evidence, you might be right about your proof being easier for a connection at TI vs Blue Water Vietnam. There is a lot of effort going on right now to get all Blue Water Navy added to the Presumptive lists, but it has NOT happened yet and it is unknown when it will be.

Since you say you already wrote a letter about the Radiation and Solvent exposure at TI, I don’t see a reason to write another one unless asked by the rater for additional information.

Right now I would concentrate on gathering as much evidence as possible, especially medical evidence like that from those VA doctors you stated above with their opinion of the cause of your problems (“at least as likely as not”) and why not fill out some DBQs. Then get it all together, organize it and explain it so that when all of this evidence is read by someone who had “never been there”, they could understand and agree to your point.  

Make extra copies of this package for your VSO, another to send to your VARO if approved by your VSO, another for your C&P doctor, and of course your own files

OSC.

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Does the New Medical info or DX equate a New Claim? Let the VA Decide, send in your New & Material Evidence to the VA. It may qualify as a Secondary or Primary SC Claim.

If your original claim isn't about to be decided, this New" Whatever," could be combined with the pending claim.

What exactly, in your opinion, does this recent revelation qualify as? Do you think it's a Stand Alone Claim, needing an FDC filed or just supportive Evidence regarding your current claim?

Semper Fi

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  • HadIt.com Elder

Neglecting the AO Da Nang link, Chemical exposure was endemic to many of the Navy specialties and duties.

Protective gear was often not available or used.

 Proving it to the VA has always been a rather involved task. 

The types of exposure that come to my mind.

Asbestos fiber and dust

Fuel: Diesel, Aviation, Bunker Oil

Cleaning chemicals (Solvents) Multiple Trichloroethane, Chloroform, Tetrachloride, Freon, paint thinners, and many others.

The typewriter cleaner spray can had really nasty and active solvent ingredients.

Lead (from paint dust)

Treasure Island's fire school likely exposed thousands of sailors to dioxin before they went to the far east.

I knew that there was some low level radioactive contamination at TI, but did not know that it extended to a barracks.

 

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recycled deciple

Just wondering how your claim was going with the TI connection....I Filed in 2015 and have been rejected and gone to the next levels on appeal now twice. I am now waiting for a hearing date with a VA judge......

Thanks for any input

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