3 years to retire

Thanks for the information Ms Berta...

Papa did the Va explain why you were designated a Sensitive 7 ? Other than a employment connection with the VA, any other reasons given?

Hello all. My brother has a claim in on this subject. We are waiting for a DRO review now. The new regulations will not hurt his case, that is for sure. The way I read the news release, not only did it change the dates set by the VA for the claims, but also, it seems to relax - or open the door to relax the exact area that the Vet was located. In the past, the vet seem to had to be assigned to specific units, etc, on the DMZ, from what I read the new rules stated that the vet had to serve on the DMZ zone or in the area. "to have operated in an area in or near the Korean DMZ in which herbicides were applied. " I am hoping that this allows the Vets a better chance to prove their claim... of course I could be Very wrong in my thinking.... VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange in Korea January 25, 2011 Printable Version Need Viewer Software? VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange in Korea Will Provide Easier Path to Health Care and Benefits WASHINGTON – Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange. “VA’s primary mission is to be an advocate for Veterans,” said Secretary of Veterans Affairs Eric K. Shinseki “With this new regulation VA has cleared a path for more Veterans who served in the demilitarized zone in Korea to receive access to our quality health care and disability benefits for exposure to Agent Orange.” Under the final regulation published today in the Federal Register, VA will presume herbicide exposure for any Veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied. Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969. In practical terms, eligible Veterans who have specific illnesses VA presumes to be associated with herbicide exposure do not have to prove an association between their illness and their military service. This “presumption” simplifies and speeds up the application process for benefits and ensures that Veterans receive the benefits they deserve. Click on these links to learn about Veterans' diseases associated with Agent Orange exposure at http://www.publichealth.va.gov/exposures/agentorange/diseases.asp and birth defects in children of Vietnam-era Veterans at http://www.publichealth.va.gov/exposures/agentorange/birth_defects.asp. VA encourages Veterans with covered service in Korea who have medical conditions that may be related to Agent Orange to submit their applications for access to VA health care and compensation as soon as possible so the agency can begin processing their claims. I have visited this site to keep up with the news, but have not posted for a while. Ms. Berta has always been very helpful in the past and I have tried to keep up with her postings when I do get a chance to visit the forum. So good luck to all and will keep in touch while we wait for the DRO decision.

Yea, I can see that a history of employment to the VA could make for some degree of heighten security, but I, nor my family, have a history of working with the Va, even as a contractor. U would think that the VA could tell U why they decided to "upgrade" you to a Sensitive 7. There has to be a process for that decision. Even the VA Regional representatives could not (or would not) tell me why or when this 7 was assigned. thanks

Has anyone else been placed in a higher level (such as 7) and been advised by the VA that U could only talk to certain employees. I might add there have been no reason given that I was placed in the level 7 category. I asked for legal advise on this situation. Below is the exchange. "Sir I called the VA to check on the status of our appeal. When I got connected with a VA agent, I was told that I was a # 7, and he did not have the authority to speak to me. He took my phone number and said that a VA agent with authority to speak to a level 7 veteran would call me back. When I got a call back from the VA I was told that they could not tell me why I was placed at level 7 in the system. Also, he told me he could not tell me when I was placed at level 7 in the system He told me that most of the time it is because the Veteran works for the VA. When I told him that I have never worked at the VA, he could not give me a clue. I was uncomfortable giving my data to him over the phone, since he was the one who called me...my telephone ID the call as coming from the ' VA 1 800 827-1000' but there was no other proof... that he was really from the VA. I have never heard of this before, so I wanted to run it by U. I was wondering, have U ever heard of this security system by the VA? Can U share with me anything about it? He did tell me that our appeal was in line for Decision Review Officer (DRO) and it could take anywhere from 6 to 18 months before we hear anything. Thanks I wait for your response. 3 years to retire" "Hello I think DRO review is what we R waiting for; the "level 7" is assigned for cases as they ascend the system of appeals, and is assigned for a variety of reasons, the first being a former or current employee; BUT there are several other triggers that would result in that assignment; I THINK one of them being just a DRO request (maybe with an attorney rep in the picture, too). I don't have a source for that information yet; but I do not think it alarming; they're just COVERED UP with appeals, and have to sort them somehow, and maybe this is a new system; I'm too new in the system myself to have run across this designation; but will keep looking!"

Berta thanks for all of the help...

Berta... thanks for all of the leads.. I will keep you updated as we go along... U have given me a lot to digest. I do not sleep much anyway,,, reflux... so i will have time at night to search for your leads/suggestions... thanks again

Hello Ms. Berta "Also, there is no evidence you were attached to one of the units that was noted to be in the areas where herbicides were used. " Have you checked his unit with the most updated Unit list for units confirmed exposed to AO in Korea? At present I have not been able to locate the updated list of units confirmed exposed to AO in Korea... but the vet stated he was living on a Korean Army base located in the DMZ zone close to the Radar Site he was assigned. We requested copies of his Military Records and received a very incomplete file. There is a lot of missing items out of his Military file, especially the time frame he was station overseas, (we got lucky and found a copy of his tdy orders to Korea in his attic) The only hard evidence we have is his TDY orders (which were not included in his offical Military files we requested.) All I will have is a statement by the veteran that he was sent there to assist on a radar site and was in the DMZ zone. So we might have to : use the Vet's statement that he was there, 'which is more likey than not' to be true, and count on the rules of presumption, and argue that the VA should have to prove he was not there. We can show he was in Korea by his TDY orders and argue the time frame. In the mean time we must try to find some evidence of the location he was assigned to go with his statement. Maybe statements from other veteans assigned to Korea and working in the DMZ zone could help...??? Any suggestions... any help... thanks

We are trying to get a AirForce Vet service connection for Diabetes due to his tdy tour in Korea. He was diagnosed with diabetes mellitus type 11 in 2006 by a private Dr. He served no time in Vietnam. He was station at Clark AFB Philippines and was sent to Korea on tdy orders with a report date of August 1, 1969. We have sent the TDY orders as proof of him being in the DMZ - radar site - at the time stated. VA denied the claim. " Service connection is denied on a presumptive basis due to Agent Orange exposure. service treatment records do not show any complaints, treatment or diagnosis of diabetes mellitus during your military service " " received verification from the service department stating that you had no service in the Republic of Vietnam or exposure to herbicides during service You have been shown to have been sent TDY to Korea on August 1, 1969.DOD has confirmed that Agent Orange was used from April 1968 up through July 1969 along the DMZ. However, you are not shown to have been in Korea during that time frame as you are noted to have been there in August 1969. Also, there is no evidence you were attached to one of the units that was noted to be in the areas where herbicides were used. " " Private medical evidence available shows treatment for diabetes mellitus. However, there is no evidence that this condition was incurred during or caused by your military service. " " It has not been verified that you were exposed to herbicides in Korea and there is no evidence of service in Vietnam. Therefore there is no objective medical evidence of record to relate your current diabetes mellitus to your period of service in any way, service connection for diabetes is denied." HELP... we have 60 days to file appeal. the only evidence we have is his TDY papers showing him to report on August 1,1969. Which means with travel time we should be able to argue that he was at his duty station (Radar site and staying on a korean army base) the last days of July. Which puts him in the time frame that DOD used Agent Orange (July 1969) we have no military records to prove the location where he was sent, we have some codes on his TDY orders but cannot translate them into physical locations, we just his statement that he was on the DMZ zone. ANY HELP... We welcome any suggestions and leads for us to research .... thanks

Are U allow to bring your own recorder and record the DRO meeting at the same time the VA is recording the meeting? Do U have to pay for the written transcript the Va supplies? Thanks

(Bump) Any advice? Comments? Thanks

Thanks for all of the help. Our VET was in the Airforce, he was sent to Korea from Philippines on TDY. He was to report on August 1st, 1969 to the DMZ zone. Of course the VA had no record of his tour in Korea, but luckly we found a copy of his TDY orders. We submited his TDY orders as evidence. It show that he was to report on August 1st, 1969. Our claim was that he now has diabetes melllitus(medically proven by local dr.) due to his service in Korea. He was denied by the VA on a presumptive basis due to Agent Orange exposure. Va states that no service was in the republic of Vietnam and this was their reason for denial. We submitted our NOD. We stated that his duty was in Korea, DMZ, on or before July 31st, 1969, and not Vietnam. Note: our claim will be that since he was to report on August 1st 1969, that would show that he was feet down in Korea before if not on 31, July 1969. (note: July 31, 1969 was the last date decided by DOD/Congress/VA for Presumptive due to Agent Orange exposure in the DMZ Korea) So that will be our argument in the DRO. Any comments ? Any help? Thanks

We have had a request for service connection denied by the Va. We have file our appeal (written disagreement-nod) The Va has mailed us back requesting us to pick between a DRO or Traditional Appeal process. Does anyone have a opinion on which process to use? Thanks

Hello John I left the post office last Feb. It has been nice to sit at home and catch up on my sleep. I go to postal mag every once in a while to see what is going on. Glad I made it out. Now I am just trying to heal up as much as possible. Thanks Ms. Berta for your help. I will find out in a month or two, I guess, of the Va decision.

Hello again. I have requested a claim on my lower back/buttock pain due to my service connected left knee and the gait that it causes. I went to a private Dr. ( a spine specialist) and he wrote in his opinion that my buttock pain was due to my limp (gait). In my opinion my gait is due to my left knee which is service connected. Went to the C & P. The Va Doctor assessment was: 1- mild lumbar spondylosis 2- Anterior cruciate ligament deficient left knee 3- medial collateral ligament deficient left knee. The C&P shows that I do have lower back problems, I think that is a good thing. (note: the lumbar spondylosis(LS) has never been officially diagnosis by the Va before now.) Here is a possible problem with my claim, I did some research on lumbar spondylosis on google and it said that Lumbar Spondylosis __CAN__ cause Gait. Now to get my buttock pain (lower back) approve it has to tie into my left knee which is service connected (SC), and I feel that I have it tied in by my private Dr. medical opinion. So now the Va C&P has stated my lower back/buttock pain is lumbar spondylosis, and this could be the seen as the opposite of what my private Dr. opinion, and my claim is, by the VA. Is it possible that the Va recognizes that I have lower back pain but does not have to rate it since it is not connected to my service connected left knee. Because (they can claim) the Lumbar Spondylosis causes the Gait and not my left knee. Am I reading too much into this? It would seem that my left knee is obviously the reason for my gait. Anyone experience this issue before? Any comments would help. Thanks

How it has been explained to me is that the C P Exaimer will give his medical opinion but it is the rater that will make the decision on what is to be granted to the Vet. He will look at the C & P results as part of the total package you have submitted in your request for IU. You still have time to submit more medical support documentation. Maybe get an medical opinion from a private doctor. Research your C-file for more medical documentation. etc. If you are denied on your IU request you might contact a VA approved Lawyer to look at your case. If he/she feels you have a case then they should take it from there for you. It will only cost you a % of your back pay... Well worth it if you win... IMHO Good luck

Thanks for all of the information. I have fwd it to my brother so he can check it out... Thanks...

My brother got laid off and has no health benefits My brother, who served in the Airforce ( 1968-1971) spent 6 months in Korea, TDY. He now has diabeties. We heard (from our local DAV officer) that Korea was also exposed to Agent Organge. I have been trying to encourge him to apply for s/c so he can get health benefits from the VA. As I said he was laid off and does not have any health benefits. I was also wondering if he might be able to just use the VA for health benefits. He is living off his IRA and owes a house note. Does anyone has any information on these two questions? Thanks

I do not want to change the subject but I have a question. My brother, who served in the Airforce ( 1968-1971) spent 6 months in Korea, TDY. He now has diabeties. We heard (from our local DAV officer) that Korea was also exposed to Agent Organge. I have been trying to encourge him to apply for s/c so he can get health benefits from the VA. He was laid off and does not have any health benefits. Does anyone has any information on this? Thanks

gunner If you are given a federal disability and if U are on CSRS U should get pretty close to what U would get on a regular retirement. If you are on FERS then U will get 60 % taxable, the first year and 40 % the rest of the time until U reach your retirement. It is assumeing that U will get SS disabilities to make up the rest. U can go on www.OPM.Gov to research disability retirements. Good Luck. 3 years to retire

Well I got my approval in the mail. I am now at 50 %. The most important part of the deal is that, now I will not get any bills for my medical needs. That in itself was worth the two years it took to get my Gerds approved. I want to thank everyone for all of their help and encouragement. Especially MS. Berta. With out everyone's advise I know that I would still be out there wondering what I could do to get the VA to recognize my claim. I have tried to put all of the steps of my claim and all of the correspondences with the VA on this site so others might be help. If it helps someone then that is good. I am now retired and enjoy sitting at the house with my wife and son. I hope to live a long life and wait on those monthly checks. Peace

Yellownumber 5 While I was going thru my claim for GERDs I was told by my Dr. that the GERDs can be caused by two things, one is a bacteria the other can be something like Nsaid. To win the claim I have to prove 2 things : 1, I had Gerds and 2, I had to prove that Nsaid was causing the problems. The scope I took proved 2 things, I had GERDs and that there were no Germs (bacteria). Since the medical procedure left no other explaination to the cause of GERDs the Dr. ____could say,___ ' more likely than not ' the GERD was due to the Nsaid. If you do not have a Dr that is willing to support your claim, then you should find a Dr. that will. You will have to give him a medical base to work from. You might want to consider taking the scope procedure if you can. It will give your Dr. evidence he will need. If you have GERDs and you are taking Nsaid due to Service connected injury and there is no evidence of bacteria, then you have a case. At least this is the way I see it with hindsight. of course this is just my humble opinion.... good luck

Berta I did submit medical material I found in my original claim ( from the Meds I got from the VA (Nsiads) and information that I found on the internet. ) I can not see the Dr. going thru all of the orginal claim material to research the issue - I figure they stay very busy with their work load. I am guessing the Dr. is just stating that the medical material the Dr. based the decision on, is really just information that is common knowledge among the medical field with using Nsiads and their side effects. The whole decision is probably based on the two procedures that I went thru at the VA (Upper GI and the scope.) thanks

Up date: I got a letter from the DAV telling me that the Va has decided on my appeal. It stated: This letter is not intended to serve as your official notification from the Dept of VA. You will receive an official decision from the VA upon completion of necessary administrative procedures. The DAV has reviewed the most recent VA decision concerning your claim for benefits. A combined evaluation of 50 % has been assigned as a result of the following action: Service connection for reflux is granted with an evaluation of 10%... etc... Well I am hoping to get the offical letter of decision from the VA soon. It would be nice if it showed up on the 1st of March . I am assuming that the DAV got it right. That the VA will follow thru with the same information that the DAV supplied without any suprises. Question : How long do you think it will take the Va to make it offical ? How long before I get notified ? Thanks Do you think that the DAV could have got the information wrong and got my hopes up falsely ?