Filing a Claim Question Agent Orange

[kit141]

Filed an AO claim one month ago. Went to all appointments, waiting for rating letter.  My VSO only applied for a heart condition.  After reading some of posts here, I could also file for my legs which were affected by my cardiac arrests along with some other problems I see mentioned here,  Well yesterday I received a letter from the VA telling me that they have requested copies of my medical records for my  claim.  I also requested records  which I received after a two month wait.  The letter also encouraged to send my records.  It went on to tell me my claim could be decided within 15 days if they do not hear from me.  I have no problem with me sending the records but the records are 10 inch high which would make the task  almost impossible to do.

My VSO told me not to worry about this letter.  Should I have filed everything together or separately? Called the  the Private Medical Records Retrieval center and got pretty much what the letter said, so not much help there. 

What should my next step.  

[Buck52]

I am only guessing  but I suppose a Vietnam Veteran that ''don't have'' on his DD-214 about his Vietnam Service or have a CIB or anything Related to Vietnam would be hard to prove.when he don't have or can't get any of his military service or medical records.

I have my Vietnam Service on my DD-214  Thank God,, but other country's around the world I served in is not on my DD-214.

I am in the process of trying to get that corrected.   taken years so for and still its not been corrected...so when a Veteran don't have the necessary Documents as prof   it makes it double hard on the Veteran to prove his claim.

 

jmo

[kit141]

On 4/7/2017 at 4:49 PM, Gastone said:

Way too many unanswered questions, do you or don't you now have Nam Boots on the Ground Verification?

Be a great help if you could post the redacted copies of "ALL" your Claims and any VA Rater's correspondence.

What do your travel vouchers indicate?

As to Acute PN, think twice on that term. Way to far downrange for Acute, have to file for Chronic PN. Check out the recent VA AO Presumptive's list. Did you have PN symptoms DX'd in your MSR's within 12 mos of leaving Nam? When were you 1st DX'd and treated for PN.

Semper Fi

Maybe my posts are not getting thru.  I think I answered Nam Boots on the Ground  YES. Only claim that at I have at this time is ONE, Ischemic  Heart Disease. Like I said, my VSO is the one who determined just file for one item at a time based on the rating that I receive.

Ok on to the PN.  I did some research and you my be right.  Have to be a attorney to understand it all.  My idea was that somehow my IHD and subsequent cardiac arrests triggered my PN ( Might want to check AO  presumptive list or make it more detailed or refer to VA AO List).

My travel vouchers indicated a stay at TanSaKnut, Bien Hua, Danage (sp) during the time required.

I am going to pursue every possible option that I have.  Like getting those $2.00 checks from VES

Load Clear

Edited April 10, 2017 by kit141
text add

[Gastone]

Do you have an My Healthy Vet Account set up at your VMC?  If not, on your next trip to your VMC stop in at the Veterans learning Center. The VLC Supervisor will assist in signing you up for an MHV account, as well as an E-Ben account.

You can review what Supporting Claims Documents have been provided by you and your non-VA Hospitals and Dr's.

Your "10 inch Stack" may seem imposing but there are probably less than 15 actual pages that you need to be sure the VA Rating Dept has.  Any Clinician's (MD or DO) actual Diagnosis (DX) regarding your Claimed SC Conditions.

As to your Heart condition, you have DX records regarding the Heart Attacks, what about Stent placements and Artery Grafts (as in By-pass surgery)?

From your previous posts, you seem to indicate your DX'd Peripheral Neuropathy (PN) presented and was DX'd after your heart attacks. If that's correct, it's not an AO Presumptive Claim, it's a Secondary to a SC Heart condition.

At the very least, I'd advise you to go on your E-Ben Account and start a PN Secondary to an SC CAD or SC Secondary Spinal Injury Award, just don't hit the Submit Button. This will establish a File Date for Retro purposes and you have 365 days from the File Date to complete and Submit the Claim.

If your Heart condition is SC'd (should be no problem), and any of your non-VA Dr's clinician notes discuss a DX linkage (Nexus) from your CAD to your Spine and your Cronic PN, the VA Rater could Award 1 or both as Secondary SC's to your Heart, without an additional claim being filed. I'd still start the E-Ben New Secondary Claim, just to play it safe.

Semper Fi

Semper Fi

[Berta]

In Sept 2013 VA amended it's Peripheral Neuropathy regulations.

https://www.federalregister.gov/documents/2013/09/06/2013-21674/disease-associated-with-exposure-to-certain-herbicide-agents-peripheral-neuropathy

In part:

"VA published a proposed rule in the Federal Register (77 FR 47795), to amend its adjudication regulations regarding presumptive service connection for acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents. Specifically, based on findings from the September 29, 2010 NAS report titled, Veterans and Agent Orange: Update 2010 (hereinafter “Update 2010”), which concluded that early-onset peripheral neuropathy associated with herbicide exposure is not necessarily a transient condition, we Start Printed Page 54764proposed replacing the terms “acute and subacute” in 38 CFR 3.307(a)(6)(ii) and 38 CFR 3.309(e) with the term “early-onset” and removing the Note to 38 CFR 3.309(e) requiring that the neuropathy be “transient.” This change would remove the requirement that acute and subacute peripheral neuropathy appear “within weeks or months” after exposure and that the condition resolve within two years of the date of onset in order for the presumption to apply.

 

 

This amendment clarifies that VA will not deny presumptive service connection for early-onset peripheral neuropathy solely because the condition persisted for more than two years after the date of the last herbicide exposure. However, it does not change the requirement that peripheral neuropathy must have become manifest to a degree of ten percent or more within one year after the veteran's last in-service exposure in order to qualify for the presumption of service connection. In Update 2010, NAS found that evidence did not support an association between herbicide exposure and delayed-onset peripheral neuropathy, which NAS defined as having its onset more than one year after exposure."

They still kept the 10% manifestation, within 'one year 'after exposure part.

Also to get PN secondary to IHD might be hard to do. It would take an Independent medical opinion.

[kit141]

Hey, thanks for all the help and info.  

I looked at the VES appointment for the family doctor that they sent me to.  No where does is mention that this was a C&P appointment.  Today they now want me to go and get a EKG.  This has something to do with my A-Fib that happened just prior to my Cardiac Arrests. Do not understand what this has to do with my claim as A-Fib is not mentioned.

Just by what has been in the info everybody has submitted,  You have dashed my hopes.  Oh well, that is life

A little help please. on the E-Ben site and not figure out how to start the claim.

Edited April 10, 2017 by kit141
text add

[Berta]

"My travel vouchers indicated a stay at TanSaKnut, Bien Hua, Danage (sp) during the time required."

Good, that should prove Boots on ground.

I think maybe VA is trying to separate the A fib from IHD.

Atrial Fibrillation has a different diagnostic code than IHD and is not AO presumptive..

But if you have been diagnosed with IHD,  I can't see how the VA could deny that claim, regardless of the A fib,prior to the IHD diagnosis.

Is the Ischemic Heart Disease a formal diagnosis in your med records?

Dont be discourage yet.....!!!!!!!!!!!!!

You did very well on the spelling of those AFBs ,but I am adding here their actual spelling---because many of the VA raters don't have a clue on a misspelled place in Vietnam...some were probably still kids during the War and I even wonder if they check out places for claims based on incountry service-

  on a map of Vietnam, if they need to. .

Tan Son Nhut  (in Saigon)  aka Ho Chi Mihn City

 Bien Hoa is just outside of Saigon

Danang is further north of Saigon a quite a few clicks south - from Hue’ (pronounced WAY)