[Viet Nam Vet Newly Diag Cancer Lung/throat Ao Related]

He was first diagnosed with a metastatic neuroendocrine carcinoma soft tissue of the lymph node.  It was also in his pelvis and to begin with they believed the small cell carcinoma in the lung could be the primary and then he got this other diagnosis....I believe it was somewhere in Washington D.C.  I wiill need to check in my brother's medical records again.  Should I ask his oncologist could the tumor in his lung be a small cell sarcoma

[ALL AO Cancers and other presumptives as of August 5, 2019]

Berta....what I mean by and/or small cell lung cancer.....To begin with they thought the tumor in the lung was small cell lung cancer....because they were looking for primary tumor.  Thank you for all your help

[ALL AO Cancers and other presumptives as of August 5, 2019]

11 hours ago, Berta said:

News Room

NVLSP’s FAQs for Blue Water Vietnam Veterans

Released 7/25/19 | Tags: Agent Orange, Class Actions, Congressional Legislation, Veteran's Benefits

"Important News:  A major change in law occurred in 2019 that should enable thousands of veterans who served on ships in the waters offshore Vietnam to obtain VA disability benefits for diseases associated with exposure to Agent Orange.  The change in law should also enable survivors of these veterans to obtain VA death compensation for deaths due to diseases associated with Agent Orange exposure.

Frequently Asked Questions (FAQs): This document provides answers to the most frequently asked questions we are getting from Blue Water Vietnam Veterans (as those who served in the waters offshore Vietnam are commonly called) and their survivors about the recent change in law.

1) What is this change in law and how did it come about?

Earlier this year in a case called Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 requires VA to presume that those who served in the territorial waters offshore Vietnam were exposed to Agent Orange.  The Court ruled that this presumption applies to all veterans who served within 12 nautical miles of Vietnam during the Vietnam War.   

Congress then enacted the Blue Water Navy Vietnam Veterans Act of 2019 and incorporated the Procopio decision.  The Act states that a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to Agent Orange. The term offshore is defined as no more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.

The full Procopio decision can be read here: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf

The entire Blue Water Navy Vietnam Veterans Act of 2019 can be read here: https://www.congress.gov/bill/116th-congress/house-bill/299/text

2) What does this change in law mean for Blue Water Vietnam Veterans?

It means that a veteran covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 should become entitled to service-connected disability benefits if the veteran (1) files a claim for disability benefits with the VA and (2) suffers from one of the diseases that VA recognizes as associated with Agent Orange exposure.

3) What does this change in law mean for survivors of deceased Blue Water Vietnam Veterans?

It means that a qualifying survivor, such as a surviving spouse, of a veteran who (1) is covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 and (2) died from a disease that VA recognizes as associated with Agent Orange exposure, should become entitled to service-connected death compensation (known as DIC) if the survivor files a DIC claim.

4) What diseases are now recognized by the VA as associated with Agent Orange?

A full list of diseases recognized by VA as associated with Agent Orange can be found here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/related-diseases/. 

These diseases include:
• Cancer of the larynx
• Lung cancer
• Prostate cancer
• Cancer of the trachea
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Chronic lymphocytic leukemia
• Hairy cell leukemia
• Ischemic heart disease (including, but not limited to: acute, subacute and old myocardial infarction; atherosclerotic cardiovascular disease, including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable, and Prinzmetal’s angina)
• Type 2 diabetes (also known as adult-onset diabetes, non-insulin dependent diabetes mellitus, and type II diabetes mellitus)
• AL amyloidosis (also known as primary amyloidosis)
• Parkinson’s disease
• Soft tissue sarcomas
• Acute lymphoblastic leukemia, mature B-cell type
• B-cell prolymphocytic leukemia
• Precursor B lymphoblastic leukemia
• Diffuse large B-cell lymphoma
• Follicular lymphoma
• Mucosa-associated lymphatic tissue lymphoma (MALT)
• Small cell lymphocytic lymphoma
• Mantle cell lymphoma (MCL)
• Burkitt lymphoma
• Mediastinal large B-cell lymphoma
• Waldenström macroglobulinemia
• Nodal marginal zone B-cell lymphoma
• Splenic marginal zone lymphoma
• Extranodal marginal zone B-cell lymphoma
• Intravascular large B-cell lymphoma
• Primary effusion lymphoma
• Lymphomatoid granulomatosis
• Early-onset peripheral neuropathy
• Chloracne
• Porphyria cutanea tarda"

https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans

If you are  an incountry Vietnam Vet, or Blue Water Navy vet (incountry determined by deck log  criteria in HR 299)trying to service connect a type of cancer not within this list, you will need a strong IME from an oncologist who might be able to determine if your type of cancer falls closely into the parameters of some other types of cancer are on the presumptive list and then a strong statement that there is no other etiology but for your AO exposure to have caused this type of cancer.

 

 

 

 

 

[Viet Nam Vet Newly Diag Cancer Lung/throat Ao Related]

No he was not.  My brother lived in Panama City when that diagnosis was made.  He had to move to Dothan due to his home was destroyed during the hurricane.  This diagnosis was given by a veteran approved doctor in Panama city.  To begin with in Panama City he had an mri and a biopsy of the lymph node....and it was diagnosed as a metastatic small cell neuroendocrine tumor.  When he moved ....he started going to an oncologist in Dothan...the oncologist sent it to another place on the results and they diagnosed it as a merkel cell carcinoma in soft tissue.  Would the difference matter?  We also are going tomorrow to get the results of the last PET SCAN...

[Viet Nam Vet Newly Diag Cancer Lung/throat Ao Related]

Berta, I do believe his medical records were sent by the DAV when he first applied.   He was first diagnosed as having metastatic neuroendocrine cancer in the lymph node pelvis and lung.  Then he got the second diagnosis as merkel cell.  We go back to his oncologist tomorrow.  The oncologist is suppose to have a letter to send to the VA.  I know my bro has taken the info to the secretary that has been shared with me to give to the doctor.  I am sorry if I put my reply  in the wrong place when I wrote the other post.  I will make sure today that my bro has taken all the info to the oncologist today....Thanks again for your help

[Viet Nam Vet Newly Diag Cancer Lung/throat Ao Related]

Berta, I was going through my brother's medical records.   He was first diagnosed with metastatic neuroendocrine cancer /and/or small cell lung carcinoma.  Then they diagnosed him with merkel cell.....Would this matter....Also since we did not get the doctor's report in to VA in time....we would just reapply with oncology's report...correct.  Thank you and others for all your info and help

[Viet Nam Vet Newly Diag Cancer Lung/throat Ao Related]

My brother has tumors  in his lung....but since the merkel cell is the primary this wouldn't be considered on the list of lung cancer.....We are going to the doctor Tuesday....and I am praying the doctor wrote his  letter to the VA just the way it needs to be wrote...I know I have not dealt with the VA the way most of you have, but I can't understand why when all points to the cause of my brother's cancer was due to Viet Nam, but it has to be a play of words for them to approve him....My brother would have never filed if he didn't feel like it was due to his service in Viet Nam...and the wait sometimes when it has already reached a place when it needs to be took care of now....I just need to get an understanding on this.  My brother was in combat every day that he was over there...and it may be ugly for me to say but it seems like he is still in a fight for the help he needs.  Am I wrong to feel this way.  My brother does not smoke so they can't say it was caused from this.  I want to help my brother get the help he needs now....and I know I should not get agitated....but what about the Vets and their families of what they have been through and are still going through....We are blessed that they do cover my brother's medical costs....but I can't understand just because merkel cell is a rare cancer does not mean that Viet Nam  could not have been the cause of his cancer.  I apologise if I am not suppose to vent my heart....but this is my brother as all of you know you and your family are important and you want to reach out and do what is best for them...and I am scared I may do something wrong that may get my bro denied again because I didn't say the right choice of words....My heart goes out to other vets who are also in this position

[merkel cell claims]

10 hours ago, toddt said:

Have his oncologist write an IMO (Independent Medical Opinion)/ IME (Independent Medical Exam) stating that your brother's Merkel cell carcinoma is "at least as likely as not" caused by your brothers exposure to agent orange.  Find as many articles as you can that link Merkel cell carcinoma to dioxin contaminants and have your brothers oncologist cite them as proof.  

It can be done, read this BVA decision:  https://www.va.gov/vetapp04/files/0406967.txt

Thank you so much for this information.  

[merkel cell claims]

My brother who was a viet nam medic  who has been diagnosed  with advance merkel cell carcinoma.  thus far it is in his lung, groin and pelvis....He was continually in the field as a medic so he was exposed daily to Agent Orange.  He has applied for disability due to this.  He had to quit his job.  I have heard this is not on the list for agent orange.  I have seen where several Viet Nam vets have been diagnosed  with this type cancer.  My brother is not a smoker.  His oncologist says this type cancer could have been caused by agent  orange.  Has anyone been approved due to agent orange for merkel cell carcinoma