walt

Thank you Hoppy. Unless the Dr. on Ro request has looked at my SMR's all he used was VA treatment records because he would not look at the smr's I took to the exam.When the RO sent me for second CP exam for Panic disorder they asked him for an addendum on the copd and High Blood Pressure.Best I can find out he is a Dr.in pactice for himself and does Contract exams for VA.Specialty is Something about the Larnyx?or Pharnyx?. Here are three SMR's I have and have more when I can find them.(Not good I know) One is dated 26 Jan. 79 chest x ray report...(compare to 9-12-77) no change slight Basilar emphysemator (change Hyperlucent) otherwise WNL - Other is 31 May 79 Radiographic report..Chest:Multiple Ca??Granulomas normal size heart ,lungs clear...Third one is dated 30 Aug.83 and says ..There is a calcified nodule in the right lower lung field. These all ,along with others are during service and were submitted with my claim.Thank you Hoppy .I will find all the others from during service and let you know.God Bless you and everyone else for helping others. Walt

Thank you sir. I was stationed at 2nd Medical Bn. 2nd. Infantry Division Village of pob-won-ni. (Mickey Mouse Corner) About six miles south of DMZ I think. Near RC#1 and Yong ju gol.(not sure of spelling) I wasTDY to DMZ twice. Once as ambulance support for Eng. that were building the fence across DMZ and once to a school for three weeks at Camp Sitman.acta..advanced combat training academy. Injin Scout. I do not know the dates. I arrived in Nov.66 and left in Nov. 67.Thank you Kindly. Walt

Berta I do have prostate cancer.I know the presumptive date is 1 April 68 and I left in November of 67 But agent orange and one or two other herbicides was tested on 80 acres in nine locations in late 67.I believe I was in the covered area.I know there have been some serviced connected for this testing.I was stationed six miles South of Dmz and Tdy to it twice. Just not sure about time frame.Depends on what they find in archives I guess. Thank you very Kindly again.

Thank you Sir. What I am trying to find out is what Percentage I would get.I have applied for tdiu hoping for it if not 100 %. I reopened this claim when I was denied on the Neimer review.I still do not understand why they did it knowing I was in Korea and not Viet Nam.

Thank you Berta.

Good Morning everyone and Thank you. My claim has been in decision twice and has been sent back to gathering of evidence.the regional office has asked St.Louis DOD For this."request herbicide exposure documents" I understand they are checking the archives for documents from korean service. I have some questions please.First I have three cp exams with what I think is positive.One is for panic disorder from a va Phychiatrist saying ,"The condition/dissability panic disorder is most likely caused by or a result of military service. The other two are for copd and high blood pressure,both saying, the condition/dissability" is as likely as not (greater than 50/50 probability} caused by or a result of military service.Am I correct in thinking it is still up to the rater whether I get anything or not?The copd and high blood pressure were written as an addendum at the time I went for the cp exam for the panic disorder.I had a cp exam by the same Dr. that gave these two opinions and he was no help at all on the conditions he examined me for then. Also these three conditions are three of four I was denied for in 2000.The denial letter stated in the analysis...service connection is denied since the condition neither occurred in nor was caused by service. Yet directly above in the facts paragraph it says...The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)Treatment records from va medical center in Murfreesboro Tennessee show he was treated for copd in Feb. 2000. It says basically the same thing for anxiety and high blood pressure. In the evidence it says...Notice from nprc that they forwarded the veterans service medical records to Montgomery Regional office on August 4 2000 These records have not been received....medical evidence from the veteran....treatment records from va medical center in Murfreesboro TN. for the period of May 26 1992 to May 23,2000. They now have all this plus va records from Two other va medical centers.At the time they did not have two of my four dd 214's.They do now. Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim. As to the request from DOD for herbiside exposure...The presumptive date for korea agent orange and herbicide exposure begins1 April 68 and I left there in November 67.However I have a declassified document showing it was tested at nine different locations on 80 acres during Sept.,Oct.,Nov.and I think Dec.1977 I was TDY twice to the DMZ and was stationed six miles south.I have not found out the locations it was tested except The south border tape to civilian control line.Thre have been some granted Service connection for this.I am trying to get all info I can come up with. I know some of this is repetative of my previous post but I tried to give all I could so you would be able to advise and/or comment. Thank you all very,very much.Too I noticed for first time im my va records..prognosses advanced emphysema.

Good Morning everyone. I hope I am posting in right place.Berta I am sorry for not answering you promptly but have not felt like being on computer.Thank you for your answers.We talked about the spina bifida in children born with it and their dad being exposed to chemicals prior to 1 april 68 in korea and him not being covered but children were..tried to post link here but it was broken. Think yhe appeals cases I added at end of post explains what I was trying to show about the Spina Bifida and Vet Chemical exposure prior to presumptive date in Korea. Yes the copd and high blood pressure opinions were addendums to a prior c and p...... As to the back pain I have had i since early 70's and now at point of three 10mg hydrocodone a day. I know of no specific instance of injury except the broken pelvis from auto accident.SMR's show chronic complaints since early 70's and VA and private records until present.But no specific diagnosis. ,in 2003 xray report says ...this is va,not in service...clinical history:chronic back pains-old pelvic fractures by history.also pain when adducts or adducts hip. findings:Bones are osteopenic.there is mild anterior wedging of vertebral body L1.There is also mild spondylosis of t12-L1 with small anerior marginal spurs.there aremild osteoarthritic changes of the faucet joints of l5-s1.abdominal aorta and iliac arteries are calcified. Impression:ostenpenia,mild spondolosis of t12-L1.,mild degenerative faucet joint of L5-s1,arteriosclerotic calcifications of the abdominal aorta and iliac arteries. One pcp said it may be because of the prostate cancer.The c and p Dr, said age related, Anyway ,because of my age and time it takes for a claim to be processed I have decided to go ahead and let them make a decision.I have three c and p connecting to service...copd,High blood pressure, and panic dis order.I just am not sure if they are enough to either grant the original claim or for TDIU. At present the ro has asked dod at St. Louis "Request herbicide exposure documents". It is due by 7 April 800 number said they would go ahead with making a decision. after then whether they received a reply or not. I know I need some Good IMO's but that is out of question as far as being able to get them. So what do any of you think? Do any o you have an idea as what o expect rom the three conditions.? Thank you kindly. Walt Below are 3 Board of Veterans Appeals cases wherein the government admits that between 1967 and 1969 Herbicides (agent orange) was used in Korea (with active use between 1968 and 1969). And some American forces were possibly exposed. However, there is no presumption of exposure in Korea as there is in Vietnam, nor are the conditions presumed to be caused by Agent Orange as in Vietnam. 1. If you have one of the conditions which "Agent Orange" is presumed to cause? 2. And if you have a doctor's statement that you have it, and that your exposure to herbicides while in Korea cause it, or most likely caused it? 3. And if you can show you were in Korea during the time the herbicides where being used, and that you were in a location where they were being used. Then benefits based on exposure to Agent Orange while in Korea is possible. Also Argue the "Benefit of reasonable Doubt" must be given to veterans when all evidence is equal (38 CFR 3.102, see below). The BVA cases below show service people who had buddy statements that they were along the DMZ during the time agent orange was used; they had photos of themselves standing on barren land which herbicide had been used on. And other such evidence. --- BVA case: Citation Nr: 9906724 Decision Date: 03/12/99 Archive Date: 03/18/99 DOCKET NO. 98-17 647 "An official letter from the Department of the Army to Senator John Glenn, dated in May 1996, reflects that official records show use of 21,000 gallons of Agent Orange in Korea in 1968 and 1969 in the area of the DMZ. This letter also states that Camp Casey was located in the area of the DMZ. A letter from the Director, United States Armed Services Center for Research of Unit Records (USASCRUR), (formerly the United States Army and Joint Services Environmental Support Group, ESG), to VA dated in February 1998 also confirms use of Agent Orange in Korea in 1968 and 1969, and confirms that Camp Casey was located near the DMZ. The evidence of record also includes a copy of an unidentified report, which appears to have been prepared by a service department within the Department of Defense, titled, "Vegetation Control Program CY 1968," which reflects that a program for control of vegetation near the DMZ by use of herbicide defoliants was approved in 1967. Shipment to Korea of materials necessary to accomplish the program goals began in early 1968. The report reflects that herbicides were to be applied from the Civilian Control Line in South Korea to the southern border of the DMZ, with priority applications in the vicinity of roads and tactically significant areas. " --- BVA case: Citation Nr: 0601295 Decision Date: 01/17/06 Archive Date: 01/31/06 DOCKET NO. 04-41 328 "The Board observes that the Department of Defense has confirmed that Agent Orange was used in Korea from April 1968 through July 1969 along the DMZ and that the 2nd Infantry Division had elements in affected areas at the time Agent Orange was being used, including the use of field artillery, signal and engineer troops who were supplied as support personnel to various elements of those Infantry Divisions during the time of the confirmed use of Agent Orange. However, the Board is unable to determine whether the veteran's unit, in fact, performed duties in the DMZ and observes that the U.S. Center for Unit Research and Records (CURR) has not been contacted to research whether the veteran's unit was in fact near the DMZ zone. As such, given the fact that the veteran served in the 2nd Infantry between April 1968 and May 1969 and his principal duty at that time was that of a combat construction specialist, the Board finds that such an attempt should be made in this regard. " --- BVA case: Citation Nr: 0534064 Decision Date: 12/19/05 Archive Date: 12/30/05 DOCKET NO. 02-15 232A "In February 2002, VA received a response from the U.S. Armed Services Center for Unit Records Research, indicating that herbicides were used in Korea between 1967 and 1969, and that Agent Orange was used from April 1968 to August 1968. Military records specifically note that chemical herbicides were used along the southern boundary of the DMZ during the 1967 to 1969 period by Republic of Korea Armed Forces. No United States personnel are known to have been actually involved in their application." -- 38 CFR 3.102 Reasonable doubt. "It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one, which exists because of an approximate balance of positive and negative evidence, which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships. (Authority: 38 U.S.C. 501(a))" VETERANS RESOURCES NETWORK

Hello everone, I have searched the best I know trying to understand.this.Ao is presumptive for Korea starting1 april 68.If a child with spina bifida is born to a vet with service in Korea ,they are covered starting September, 67..Where is the difference? Please explain. The RO has asked St. Louis DOD I think for...It states this on ebenefits...".Requested herbicide exposure documents ". Can someone give me their thoughts on this please.?I served tdy twice in areas coveed for ao presumption but I left in Nov. 67 about five months before the presumptive date.What confuses me is if a child is cvered if his Dad served in Sept 67 seems to me the Vet would be covered also. Also Berta as to the low back pain, you asked if I had an injury.I can not recall any specific injury but had an auto acident while on active duty and broke pelvis in two places.Now have arthrithis,DDD,faucet disease,spondolosis.The cp examineer said it was due to age,But my Sm's are full of lbp since before the accidentin (1975) and has gotten progressively worse to present time. Thank you all again for the help you give...

Good Morning again.Could someone explain his?On my ebenefits it shows that my clain has been sent back to gathering of evidence phase saying....Requested herbicide exposure documents. under "what do we still need from others?" it says "this is a list of all items that have been requested from 3rd parties.Person at 800 number said this was all left that they needed.Who could the 3rd party be?Thank you.

Good Morning everyone. Berta I hope I have posted everthing correctly.Thank you for your help.

Good Morning and thank you Berta.We must have bee n posting at same time. I just added some letters from Service members I worked with. I also have sent RO via congressman several more "buddy" letters about the anxiety and LBP. Yes the copd issue is an addendum to prior c and p report. So is the High blood pressure. One problem is I left the frying pan (medical field),and jumped into the fire,(recruiting duty) All my records from that time were from a civilian Dr. And no where to be found.It seems to me this c and p Dr. is anti veteran.He stated the LBP was likely due to age and occurred after discharge. My SMR's are saturated with LBP complaints since early 70's as are VA records.He seemed to chose what he wantted to list as far as HBP readings and Meds.But I have submitted all the others to VA. PC Dr. just added at last visit another one isosorbide mononitrite.and in addition one of the prostate meds ,finasteride (cardura) is also used for high blood pressure.I think I jusy read that one of the anxiety meds,citalopram hydromide is used for HBP also. I wish the best to all on their claims and thank all for helping me.Good week-end to all. Walt

Hello again all, If I have done this right These are the c and pKinda like the lottr reports for COPD,high blood pressure,and chronic Anxiety.Hope this helps Berta. Thank you. Good Morning everyone.Klonipin worked well last night I guess. I realize the letter from company clerk may or may not help at present but I am hoping maybe if nothing else as far as the prostate cancer goes,to create a reasonable doubt.Since it was so few monhs before presumptive date for AO in Korea I went for it anyway.Then I was Stationed at Ft. Mcclellan Al. three different times(chemical warfare school was there).Also worked in surgery for several years and contended chemicals I was exposed to there on a dayly basis could have also contributed to prostate cancer ,since many of them are proven carcinogins.i.e,Formaldehyde,Benzine? Benzene,zylene,isopropal alcohol,and others.I also claimed exposure to ionization radiation due to the exposure to the gas sterilizing equipment we used.Kinda like the will not win without a ticket. Thank you all kindly for helping. Please excuse the punctuation,mispeling etc.