Need Advice On Chloracne Claim For Vietnam Veteran

[Troy Spurlock]

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

[Berta]

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

That is like comparing an apple to a pear. Possible but these are two different diagnosis.

I interviewed James Scripps at our SVR shows here I think o maybe another radio show ? and I believe his full BVA decision is here too. His opinions are solid.

James ,like Kurt Priessman , the firstThailand AO veteran, did an overwhelming amount of work on his claim and even went to his prior Duty station to continue that research to become the First CONUS AO veteran.

Maybe this BVA decision will help you understand the evidence VA needs or this type of claim.

“At a February 2008 RO hearing, the Veteran testified that felt

that his exposure to Agent Orange and sunlight in Vietnam caused

his skin cancers. He stated that while he was never issued any

skin protection while he was in Vietnam. He recalled having a

very bad sunburn in 1967 in which the skin came off his face. “

and

“In a letter dated in February 2009, the Veteran's private

physician (L.C.K., M.D.) stated that the Veteran has been a

patient in her dermatology practice since 2003 and that he has a

history of numerous basal cell carcinoma and atypical nevi. She

noted that his examination revealed fairly severe generalized sun

damage. She also noted that the Veteran had served in Vietnam

for a year. She opined that it more likely than not that the sun

exposure that the Veteran received in Vietnam was a contributing

factor to the problems that he was currently having. She

indicated that the Veteran had shown photos of himself both prior

to and during his service in Vietnam. “

ORDER (in Part)

Service connection for skin cancer is granted.

Also we had a navy vet's claim here that his daughter worked on with help from hadit many years ago.

VA service connected all of his disabilities to include skin cancer as a result of his many ship board duties, forcing him to receive direct sunlight almost daily for hours while on duty with no sun screen protection.

These claims need a strong independent medical opinion to succeed.

They also need to be claimed by raising any potential theory of entitlement.

Edited July 2, 2012 by Berta

[Berta]

Sorry-I forgot the link to that BVA decision:

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1106553.txt

And here is another SC award for sunlight causing skin cancer:

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp08/Files3/0822914.txt