Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
Troy Spurlock

Need Advice On Chloracne Claim For Vietnam Veteran

Question

Since 2008 I have been working with due diligence to assist a Vietnam veteran in his claim for service connection for chloracne.

As with any typical Vietnam veteran, many blew off the VA system because of the way they were treated by Americans upon their return; not to mention the fact that the VA outrightly denied their claims regardless of their service.

Anyhow, long story short, we have lay and expert evidence - even a VA C&P examiner giving a 'probable' diagnosis of chloracne (which the CFRs and BVA substantiate is all that is needed from a physician to substantiated a service connected claim) - but the VA we're dealing with is arbitrarily dismissing it with contradictory statements. Stating they cannot ignore a medical opinion but they can disregard it all the same.

I would certainly appreciate any input from any Vietnam veteran who has successfully achieved a service-connected disability rating with family, friends, and VA C&P examiner information substantiating the veteran's claim for such.

Thanks!

Troy Spurlock

Former US Army Veteran

Military Police Investigator

Airborne

Share this post


Link to post
Share on other sites

Recommended Posts

Do they have any negative evidence on this issue?

If not then you are going to have to get this issue out of the RO and to the BVA or higher. Also ask the RO where they went to medical school?

James Cripps has been thriugh this one and Maybe he can add some input.

J

Share this post


Link to post
Share on other sites

Ad

Do they have any negative evidence on this issue?

If not then you are going to have to get this issue out of the RO and to the BVA or higher. Also ask the RO where they went to medical school?

James Cripps has been thriugh this one and Maybe he can add some input.

J

Question 1: Do they have any negative evidence on this issue?

That is a definite NO! The VA is making allegations they cannot and have not proven (i.e. they continuously fail to meet their burden of proof to the contrary).

Second point, we are taking it out of the RO and to the BVA directly. I am currently working on dissecting the VARO's ignorant response right now; and we will be appealing the the BVA (2009 decisions searched thus far are similar to this case and I believe the BVA will rule in our favor).

The RO actually stated in this denial that the RO, though it cannot deny a C&P examiners opinion, can still deny that opinion and likewise deny the veteran's claim. How's that for an implicit contradiction!?!

T.S.

Share this post


Link to post
Share on other sites

It won't be the first time it has happened. Just keep after them and hopefully the Veteran will get their hard earned benefits.

Share this post


Link to post
Share on other sites
Question 1: Do they have any negative evidence on this issue?

That is a definite NO! The VA is making allegations they cannot and have not proven (i.e. they continuously fail to meet their burden of proof to the contrary).

Second point, we are taking it out of the RO and to the BVA directly. I am currently working on dissecting the VARO's ignorant response right now; and we will be appealing the the BVA (2009 decisions searched thus far are similar to this case and I believe the BVA will rule in our favor).

The RO actually stated in this denial that the RO, though it cannot deny a C&P examiners opinion, can still deny that opinion and likewise deny the veteran's claim. How's that for an implicit contradiction!?!

T.S.

Troy, Pete is right. You need to keep your focus and your resolve to get this done. Do you have an attorney? I may consider getting one because there are points of lelgal expertise the attorneys can relate to on your claim.

J

Share this post


Link to post
Share on other sites

The main problem I see is that VA requires that the chloracne be 10% disabling within one year of exposure to AO and it's now some 40yrs later.

pr

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
×

Important Information

{terms] and Guidelines