Berta Posted January 8, 2010 Share Posted January 8, 2010 "If a veteran was exposed to a herbicide agent (to include Agent Orange) during active military, naval or air service and has contracted an enumerated disease to a degree of 10 percent or more at any time after service (except for chloracne and acute and subacute peripheral neuropathy which must be manifested within a year of the last exposure to an herbicide agent during service), the veteran is entitled to a presumption of service connection even though there is no record of such disease during service. 38 U.S.C.A. § 1112; 38 C.F.R. § 3.307, 3.309(e). The enumerated diseases are chloracne or other acneform diseases; Type II diabetes; Non- Hodgkin's lymphoma; Hodgkin's disease; chronic lymphocytic leukemia; multiple myeloma; acute and subacute peripheral neuropathy; porphyria cutanea tarda; respiratory cancers; prostate cancer; and certain types of soft-tissue sarcoma. 38 U.S.C.A. § 1116; 38 C.F.R. §§ 3.307(a)(6)(iii), 3.309(e), 3.313." Source BVA. The VA has since added AL (amyloidosis) to this list and has proposed to add Parkinson's, Ischemic heart disease, and Hairy Cell Leukemia to the AO presumptives. There are about 34 STS cancers (soft tissue sarcomas) that can be presumptive to AO and that list is here as well and in the regulations within 38 CFR 3.307. 3.309. Link to comment Share on other sites More sharing options...
gp747 Posted April 6, 2010 Share Posted April 6, 2010 "If a veteran was exposed to a herbicide agent (to include Agent Orange) during active military, naval or air service and has contracted an enumerated disease to a degree of 10 percent or more at any time after service (except for chloracne and acute and subacute peripheral neuropathy which must be manifested within a year of the last exposure to an herbicide agent during service), the veteran is entitled to a presumption of service connection even though there is no record of such disease during service. 38 U.S.C.A. § 1112; 38 C.F.R. § 3.307, 3.309(e). The enumerated diseases are chloracne or other acneform diseases; Type II diabetes; Non- Hodgkin's lymphoma; Hodgkin's disease; chronic lymphocytic leukemia; multiple myeloma; acute and subacute peripheral neuropathy; porphyria cutanea tarda; respiratory cancers; prostate cancer; and certain types of soft-tissue sarcoma. 38 U.S.C.A. § 1116; 38 C.F.R. §§ 3.307(a)(6)(iii), 3.309(e), 3.313." Source BVA. The VA has since added AL (amyloidosis) to this list and has proposed to add Parkinson's, Ischemic heart disease, and Hairy Cell Leukemia to the AO presumptives. There are about 34 STS cancers (soft tissue sarcomas) that can be presumptive to AO and that list is here as well and in the regulations within 38 CFR 3.307. 3.309. respiratory cancers, does it matter if you have smoked can you still be connected ? Link to comment Share on other sites More sharing options...
JRW Posted April 6, 2010 Share Posted April 6, 2010 It is my understanding that lifestyle or family history does not enter in the decision of an Agent Orange illness. Smoking is a lifestyle, therefore, it would not be considered in the decision-making process. An example of this is a Vietnam vet diagnosed with Type II diabetes.This illness can come from both lifestyle and or family history. However, if you are a Vietnam vet with "boots on the ground" and you are diagnosed with this illness, then the illness is presumptive to Agent Orange exposure, irrespective of lifestyle and or family history. I don't know if any of the cancers on the AO list are respiratory-related. If any are, and you are diagnosed with one, yours would be connected to AO by virture of service in Vietnam, regardless of your smoking. Hope this helps. Link to comment Share on other sites More sharing options...
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Berta
"If a veteran was exposed to a herbicide agent (to include
Agent Orange) during active military, naval or air service
and has contracted an enumerated disease to a degree of 10
percent or more at any time after service (except for
chloracne and acute and subacute peripheral neuropathy which
must be manifested within a year of the last exposure to an
herbicide agent during service), the veteran is entitled to a
presumption of service connection even though there is no
record of such disease during service. 38 U.S.C.A. § 1112;
38 C.F.R. § 3.307, 3.309(e). The enumerated diseases are
chloracne or other acneform diseases; Type II diabetes; Non-
Hodgkin's lymphoma; Hodgkin's disease; chronic lymphocytic
leukemia; multiple myeloma; acute and subacute peripheral
neuropathy; porphyria cutanea tarda; respiratory cancers;
prostate cancer; and certain types of soft-tissue sarcoma.
38 U.S.C.A. § 1116; 38 C.F.R. §§ 3.307(a)(6)(iii), 3.309(e),
3.313."
Source BVA.
The VA has since added AL (amyloidosis) to this list and has proposed to add Parkinson's, Ischemic heart disease, and Hairy Cell Leukemia
to the AO presumptives.
There are about 34 STS cancers (soft tissue sarcomas) that can be presumptive to AO and that list is here as well and in the regulations within 38 CFR
3.307. 3.309.
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