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The Ao Presumptive List

Question

To: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

Presumption of Exposure -- A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, will be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence that establishes that the veteran was not exposed to any such herbicide agent. See 38 U.S.C.A. § 1116(f) (West 2002); 38 C.F.R. § 3.307(a)(6)( iii) (2008). (Note: the dates of service in Vietnam for the purpose of presumed exposure are not the same as the statutory definition of the "Vietnam Era" in 38 U.S.C.A. § 101(29).)

Length of Exposure -- There is no regulatory requirement as to how long the veteran was in Vietnam; even a few hours of service in country is sufficient to establish the presumption of exposure. The last date on which a veteran will be presumed to have been exposed to an herbicide agent will be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975. See 38 C.F.R. § 3.307(a)(6)( iii) (2008).

Presumptive Service Connection (herbicide-related diseases)

If a veteran has one of the diseases listed in 38 C.F.R. § 3.309(e) (see Appendix A) and his/her exposure to an herbicide is either presumed, based on service in Vietnam, or otherwise proven by the evidence, the disease is presumed to be related to the in-service exposure (the regulation provides the nexus – see Pearlman v. West, 11 Vet. App. 443 (1998)) – provided it was manifested within the appropriate time frame. Hence, service connection should be granted.

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

From: Chuck Palazzo [mailto:chuck_ pal@yahoo. com]

Sent: Monday, March 22, 2010 5:53 AM

To: Chuck Palazzo

Subject: The AO Presumptive List

Dear Friends,

I just checked the DVA site, as I do periodically and the asterisks are no longer posted to the right of the three illnesses that were added by Secretary Shinseki. The all inclusive list, according to the VA site now reads:

  • Acute and Subacute Peripheral Neuropathy
    A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.
  • AL Amyloidosis
    A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • B Cell Leukemias
    Cancers which affect B cells, such as hairy cell leukemia.
  • Chloracne (or Similar Acneform Disease)
    A skin condition that occurs soon after dioxin exposure and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Chronic Lymphocytic Leukemia
    A disease that progresses slowly with increasing production of excessive numbers of white blood cells.
  • Diabetes Mellitus (Type 2)
    A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
  • Hodgkin's Disease
    A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
  • Ischemic Heart Disease
    A disease characterized by a reduced supply of blood to the heart.
  • Multiple Myeloma
    A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
  • Non-Hodgkin's Lymphoma
    A group of cancers that affect the lymph glands and other lymphatic tissue.
  • Parkinson's Disease
    A motor system condition with symptoms that include trembling of the limbs and face and impaired balance.
  • Porphyria Cutanea Tarda
    A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Prostate Cancer
    Cancer of the prostate; one of the most common cancers among men.
  • Respiratory Cancers
    Cancers of the lung, larynx, trachea, and bronchus.
  • Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma)
    A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Here is the link, as well:

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

I urge you all to NOT WAIT and get your claims filed ASAP. Do not wait for the local VA office to invite you in, because, sad to say, and to be perfectly blunt, you will die waiting. To some, this might not be new news, but to others, this might indeed be new - to all, it is positive. But you must take action. Your claims are retroactive - but only to the date that you file. Please take the time and get what you deserve. Start the process if you have not done so already.

Semper peace!

Chuck

Edited by skunk

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The DAV, me,. you can post what ever we wish, untill the final rules are published we that have had claims in and have had the C&P for one of the three presumptives still wait, eating cucumber/avacodo sandwiches, with strawberry Iced tea..

We happily await the VA to get off it's self to publish the first step, the PROPOSED Rules....

want a sandwich ?

VA........ what you guys smoking ?

wake up

Edited by vperl

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The DAV, me,. you can post what ever we wish, untill the final rules are published we that have had claims in and have had the C&P for one of the three presumptives still wait, eating cucumber/vac\acoda sandwiches, with strawberry Iced tea..

We happily await the VA to get off it's self to publish the first step, the PROPOSED Rules....

want a sandwich ?

ha ha gotcha ,see what you mean.BTW I will go to my grave with a thickburger in my hand.

Edited by skunk

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To: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

Presumption of Exposure -- A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, will be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence that establishes that the veteran was not exposed to any such herbicide agent. See 38 U.S.C.A. § 1116(f) (West 2002); 38 C.F.R. § 3.307(a)(6)( iii) (2008). (Note: the dates of service in Vietnam for the purpose of presumed exposure are not the same as the statutory definition of the "Vietnam Era" in 38 U.S.C.A. § 101(29).)

Length of Exposure -- There is no regulatory requirement as to how long the veteran was in Vietnam; even a few hours of service in country is sufficient to establish the presumption of exposure. The last date on which a veteran will be presumed to have been exposed to an herbicide agent will be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975. See 38 C.F.R. § 3.307(a)(6)( iii) (2008).

Presumptive Service Connection (herbicide-related diseases)

If a veteran has one of the diseases listed in 38 C.F.R. § 3.309(e) (see Appendix A) and his/her exposure to an herbicide is either presumed, based on service in Vietnam, or otherwise proven by the evidence, the disease is presumed to be related to the in-service exposure (the regulation provides the nexus – see Pearlman v. West, 11 Vet. App. 443 (1998)) – provided it was manifested within the appropriate time frame. Hence, service connection should be granted.

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

From: Chuck Palazzo [mailto:chuck_ pal@yahoo. com]

Sent: Monday, March 22, 2010 5:53 AM

To: Chuck Palazzo

Subject: The AO Presumptive List

Dear Friends,

I just checked the DVA site, as I do periodically and the asterisks are no longer posted to the right of the three illnesses that were added by Secretary Shinseki. The all inclusive list, according to the VA site now reads:

  • Acute and Subacute Peripheral Neuropathy
    A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.
  • AL Amyloidosis
    A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • B Cell Leukemias
    Cancers which affect B cells, such as hairy cell leukemia.
  • Chloracne (or Similar Acneform Disease)
    A skin condition that occurs soon after dioxin exposure and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Chronic Lymphocytic Leukemia
    A disease that progresses slowly with increasing production of excessive numbers of white blood cells.
  • Diabetes Mellitus (Type 2)
    A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
  • Hodgkin's Disease
    A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
  • Ischemic Heart Disease
    A disease characterized by a reduced supply of blood to the heart.
  • Multiple Myeloma
    A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
  • Non-Hodgkin's Lymphoma
    A group of cancers that affect the lymph glands and other lymphatic tissue.
  • Parkinson's Disease
    A motor system condition with symptoms that include trembling of the limbs and face and impaired balance.
  • Porphyria Cutanea Tarda
    A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Prostate Cancer
    Cancer of the prostate; one of the most common cancers among men.
  • Respiratory Cancers
    Cancers of the lung, larynx, trachea, and bronchus.
  • Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma)
    A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Here is the link, as well:

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

I urge you all to NOT WAIT and get your claims filed ASAP. Do not wait for the local VA office to invite you in, because, sad to say, and to be perfectly blunt, you will die waiting. To some, this might not be new news, but to others, this might indeed be new - to all, it is positive. But you must take action. Your claims are retroactive - but only to the date that you file. Please take the time and get what you deserve. Start the process if you have not done so already.

Semper peace!

Chuck

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To: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

Presumption of Exposure -- A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, will be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence that establishes that the veteran was not exposed to any such herbicide agent. See 38 U.S.C.A. § 1116(f) (West 2002); 38 C.F.R. § 3.307(a)(6)( iii) (2008). (Note: the dates of service in Vietnam for the purpose of presumed exposure are not the same as the statutory definition of the "Vietnam Era" in 38 U.S.C.A. § 101(29).)

Length of Exposure -- There is no regulatory requirement as to how long the veteran was in Vietnam; even a few hours of service in country is sufficient to establish the presumption of exposure. The last date on which a veteran will be presumed to have been exposed to an herbicide agent will be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975. See 38 C.F.R. § 3.307(a)(6)( iii) (2008).

Presumptive Service Connection (herbicide-related diseases)

If a veteran has one of the diseases listed in 38 C.F.R. § 3.309(e) (see Appendix A) and his/her exposure to an herbicide is either presumed, based on service in Vietnam, or otherwise proven by the evidence, the disease is presumed to be related to the in-service exposure (the regulation provides the nexus – see Pearlman v. West, 11 Vet. App. 443 (1998)) – provided it was manifested within the appropriate time frame. Hence, service connection should be granted.

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

From: Chuck Palazzo [mailto:chuck_ pal@yahoo. com]

Sent: Monday, March 22, 2010 5:53 AM

To: Chuck Palazzo

Subject: The AO Presumptive List

Dear Friends,

I just checked the DVA site, as I do periodically and the asterisks are no longer posted to the right of the three illnesses that were added by Secretary Shinseki. The all inclusive list, according to the VA site now reads:

  • Acute and Subacute Peripheral Neuropathy
    A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.
  • AL Amyloidosis
    A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • B Cell Leukemias
    Cancers which affect B cells, such as hairy cell leukemia.
  • Chloracne (or Similar Acneform Disease)
    A skin condition that occurs soon after dioxin exposure and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Chronic Lymphocytic Leukemia
    A disease that progresses slowly with increasing production of excessive numbers of white blood cells.
  • Diabetes Mellitus (Type 2)
    A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
  • Hodgkin's Disease
    A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
  • Ischemic Heart Disease
    A disease characterized by a reduced supply of blood to the heart.
  • Multiple Myeloma
    A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
  • Non-Hodgkin's Lymphoma
    A group of cancers that affect the lymph glands and other lymphatic tissue.
  • Parkinson's Disease
    A motor system condition with symptoms that include trembling of the limbs and face and impaired balance.
  • Porphyria Cutanea Tarda
    A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Prostate Cancer
    Cancer of the prostate; one of the most common cancers among men.
  • Respiratory Cancers
    Cancers of the lung, larynx, trachea, and bronchus.
  • Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma)
    A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Here is the link, as well:

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

I urge you all to NOT WAIT and get your claims filed ASAP. Do not wait for the local VA office to invite you in, because, sad to say, and to be perfectly blunt, you will die waiting. To some, this might not be new news, but to others, this might indeed be new - to all, it is positive. But you must take action. Your claims are retroactive - but only to the date that you file. Please take the time and get what you deserve. Start the process if you have not done so already.

Semper peace!

Chuck

I have been searching for the proposed rules. I assume from reading the odd post that VA has yet to publish the proposal. Is this correct?

I am at sixty percent with a determination of ischemic heart disease pending these rules. I note you remark that there is no asterisk marking the three new presumptives. There is also no active link such as there are for the others and I wonder if that has any meaning for me and a completion of my award claim.

Hoa Binh....

DTII

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Why would anyone care about the the previous posts?

The VA has failed to get off it's self and publish the proposed rules, then the process starts again with the 30 day till hell freese over for the comment period..of undermined duration, and the undetrermanded wail till the final rules are published..

Glad my supply of Iced rasberry tea is large and my supply of avacoda/cucumber sandiches is very large.......

my sandy beach I wait on is warm as usual...

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