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Need Advice On Chloracne Claim For Vietnam Veteran

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Troy Spurlock

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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

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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

I've reviewed a lot of BVA rulings granting chloracne from the date this veteran I'm helping originally filed to 2009; and in all they accepted lay evidence (veteran's own statements and/or family and friends statements) establishing that the chloracne was there and within one year of separation.

The VA has already admitted, repeatedly, that this veteran served in Vietnam and is presumed to have been exposed to AO. However, they simply refuse to accept lay evidence or their own C&P examiner's "probable" diagnosis of chloracne (which some BVA decisions I've read granting chloracne claims did so on such probable diagnoses, and even less evidence than what we've submitted).

Any new and material evidence we send, they say it is not new and material meerly because it echos previously submitted evidence. In short the VA is saying there is no evidence we can submit to change their mind, even if it comes from different people not already on record attesting to the veterans chloracne.

The VA here is simply refusing to admit they are wrong despite the evidence proving the contrary.

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I probably did not see or respond to this post in time to do you any good but here it is. In order to win a claim for chloracne, the claim must be submitted for direct exposure. 38 CFR 3.303 D allows that any disease may be claimed at anytime post discharge.

If you choose to file under the presumptive of exposure, then you have to contend with the cloracne one year rule as laid out for you at

38 CFR 3.307 and 3.309.

My advice would be to change the claim from presumptive exposure to direct exposure. You will then need to show where in Vietnam your veteran was and do your DD as to where exactly AO was used and how he was exposed. Just use the spray maps from the websites and VA,s own site.

If you elect to do this, just write out your intentions on a VA form 21-4138 and submit it. Clearly make it known that you are changing from presumptive exposure to direct exposure and send along with the 4138 a copy of the exposure evidence. do not spare highliting in yellow your intention. You do not have to refile and the change should not slow the claim.

James Cripps

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I went through the process, filed the claim, was denied, and appealed....My legal adviser presented evince of skin cancer related to chloracne.

This was a 5 year fight...

To no avail.

I forked out 10,000 in cancer treatments....bottom line they will always return to. You have to file the claim 365 day within discharge date...if you did not, you will not win.

My experience

RP

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James and Ron,

I actually won this claim for the Vietnam veteran I was helping.

It was won not for chloracne, but acne vulgaris (merely because it was noted on the entrance exam and the RO kept denying because of this) aggravated by AO (in srevice) exposure. Either way, I count it as a win for this veteran who has fought the VA since 1974 on this when he got out and was all but done with the VA until we met.

I also got his PTSD increased fro 10 to 50% as well...

THanks for the feedback nonetheless, as it will help for future help that I may provide others.

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James and Ron,

I actually won this claim for the Vietnam veteran I was helping.

It was won not for chloracne, but acne vulgaris (merely because it was noted on the entrance exam and the RO kept denying because of this) aggravated by AO (in srevice) exposure. Either way, I count it as a win for this veteran who has fought the VA since 1974 on this when he got out and was all but done with the VA until we met.

I also got his PTSD increased fro 10 to 50% as well...

THanks for the feedback nonetheless, as it will help for future help that I may provide others.

You definitely need an AT A BOY for that .....oooo....Rahhhh
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