Non-Small Cell Lung Cancer

[Quibley]

My father served in Vietnam and has just been diagnosed with non-small cell lung cancer. Can he file for disability compensation? If so, what would be the wording on the written statement? Lung cancer secondary to AO exposure?

Thanks in advance,

Quibley

[Quibley]

Quibley

Sorry for your loss. Indiana is a cess pool. If your father was married his spouse can make them continue the claim but she has to ask for it within a years time from death.

Pete

Thanks, Pete and Carlie, he was divorced.

[Berta]

Someone should attempt to substitute themselves as the claimant as

If this becomes a successful Agent Orange claim, the next of kin would possibly be eligible for any accrued benefits.

"On December 22, 1987, the United States District Court for

the Northern District of California certified a class

(hereinafter referred to as the "Class") consisting of:

all current or former service members, or their

next of kin (a) who are eligible to apply to,

who will become eligible to apply to, or who

have an existing claim pending before the

Veteran's (sic) Administration for service-

connected disabilities or deaths arising from

exposure during active-duty service to herbi-

cides containing dioxin or (b) who have had a

claim denied by the VA for service-connected

disabilities or deaths arising from exposure

during active-duty service to herbicides

containing dioxin."

Nehmer v. United States Veterans' Administration, 118 F.R.D.

113, 116, 125 (N.D. Cal. 1987).

I cannot determine if this is a soft Tissue sarcoma type of lung cancer that would warrant Agent Orange benefits if the exposure has been confirmed.

Most lung cancers fall under the AO regulations.