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The Ao Presumptive List

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gp747

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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

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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I hope it is alright to vent a little here. Every night as I fight to get enough sleep to be able to just function the next day I am so perplexed why we the RVN Vets are just discarded to the side like a peice garbage. I am a 59 year old 18 months boots on the ground in that armpit of the world and did not hesitate to do my duty. Did I run to Canada, have daddy get me a deferral, no I manned up and went off to WAR!!!. I often think of how terrible it was for my mother to not have one son there but two of us. I have been fighting for what is rightfully mine since 2005. I have almost come to the end of the road, I just don't have the strenght to fight on. You wanna know whats really funny? Knowing what I know now, I still would go. God Bless America and the veterans and active duty who watch over us.

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I hope it is alright to vent a little here. Every night as I fight to get enough sleep to be able to just function the next day I am so perplexed why we the RVN Vets are just discarded to the side like a peice garbage. I am a 59 year old 18 months boots on the ground in that armpit of the world and did not hesitate to do my duty. Did I run to Canada, have daddy get me a deferral, no I manned up and went off to WAR!!!. I often think of how terrible it was for my mother to not have one son there but two of us. I have been fighting for what is rightfully mine since 2005. I have almost come to the end of the road, I just don't have the strenght to fight on. You wanna know whats really funny? Knowing what I know now, I still would go. God Bless America and the veterans and active duty who watch over us.

Rotorhead,

Do not give up. Hang in there. We Vietnam vets must never give up. We're all in this together. Trust me, we will persevere. Never, never, give up!

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Hey Rotorhead,

You didn't give up then, so Brother, don't give up now. I'm 59 myself and have days where I would just like to lay down and die. Heart disease, diabetes, copd, chronic bronchitis, depression, and the list goes on.

Sick of the games the government plays? You bet your sweet patut I am. My mother, God bless her soul, said if she new what we had to put up with when we were over there, and then what we received when we got home, she would have done her damness to keep me home.

I served 13 months in the RVN and I would do it again too if asked. We are fighters, warriors, and soldiers of pride.......

Semper Fi,

Jeff

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Hey Rotorhead,

You didn't give up then, so Brother, don't give up now. I'm 59 myself and have days where I would just like to lay down and die. Heart disease, diabetes, copd, chronic bronchitis, depression, and the list goes on.

Sick of the games the government plays? You bet your sweet patut I am. My mother, God bless her soul, said if she new what we had to put up with when we were over there, and then what we received when we got home, she would have done her damness to keep me home.

I served 13 months in the RVN and I would do it again too if asked. We are fighters, warriors, and soldiers of pride.......

Semper Fi,

Jeff

***************************************************************

Jeff, I figure you'll oput last me........ so I will send you a pair of Jungle boots they can bury you in.....

Just my Part for the team... no thanks necessary

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My last and only effective date of filing wast 28 Oct 08. All previous filings went dead after the requests for more info went unanswered. I spent some considerable time being a little irresponsible. Patience and a serious intent to do what is necessary to document every, use, USE, some organization like DAV, keep all original records and flirt enough with the nurse to get record copies for free.

Get into the zen of being a vet at the VA. Strong coffee or strong drugs and always good friends who look like you, sort of.

I'm lucky, my award gives me an assurance that the retro date is the effective date on my award. There are

If you can, find someone at the hospital who is approachable who also knows the system.

I am suspicious that they have gotten a helluva large bill with these three additions. They might still be suffering from shell shock.

Just remember the freedom bird.

Hoa binh.

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Figured out I could use reply & new topic if I toggle to standard so I've move my info to a new AO topic. Can't wait to hear comments.

Edited by chr49
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