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Found 5 results

  1. My father in-law first filed a form 21-526 on 8/2/2001 for prostate cancer and heart condition due to AO. The VA has conceded that this claim remained opened from that date until 3/25/2020. The VA conceded service connection for CAD, prostate cancer, diabetes mellitus, diabetic peripheral neuropathy, etc with an effective date of 12/20/2017. The VA conceded on 3/25/2020 an effective date of 8/2/2001 for the CAD and prostate cancer, but denied an earlier effective date for diabetes and neuropathy. The VA has conceded a first diagnosis date for diabetes and neuropathy of 10/3/2006. I would like to appeal the 3/25/2020 rating decision denial of the diabetes and neuropathy to an effective date of 10/3/2006. I am hoping to use an "expressed or inferred claim" due to the fact that the initial claim remained open continuously from 8/2001 through 3/2020, and that with an open diagnosis of CAD, that a diabetes claim was inferred. I would appreciate any guidance on language to use, cases to refer to, and which type of appeal format to use. This was initiated under the old system, and a Nehmer de novo review was done on 4/28/2020. Thanks for your help!
  2. I asked for help on this site several times and the responses were great. I'm an AO Vietnam vet and I was diagnosed with Prostate Cancer. I submitted a claim online. I uploaded the biopsy and my DD214 after being told that I needed to prove just two things: I served in Vietnam and I have Prostate Cancer. I had a phone interview with an RN that lasted about 10 minutes. Exactly one month from the day I filed the claim I got a letter from the VA that said I was 100% disabled and would receive $3106 a month. Thanks everyone for your help. Now I need to focus on getting better.
  3. I served in Vietnam in 67-68 with the Marines. I was just diagnosed with prostate cancer (three of 12 biopsy samples, Gleason scores of six, six and seven). I filed a VA claim online and submitted the pathology report. Can anyone tell me what to expect from the VA? I am already an Agent Orange disabled vet in their system (10%) for another issue. A decision on the course of treatment for the prostate cancer will be made soon. It will probably be radiation or active surveillance. Thanks.
  4. Hello everyone, I am helping a fellow Alabama veteran with claim denials. I was wondering if anyone has had success with claims similar to his. He submitted his claim via FDC and included DBQ's filled out by civilian doctors. Some of his injuries were incurred while on active duty and others while he was in the national guard. He was on Regular Air Force Active Duty: 1978-1982 at McClelland AFB. He worked 12 hour shifts at the high frequency Davis Transmitter Site. He also served in Air National Guard 1983-2013. The VA rubber stamp denied all of his claims by saying he was in the Air National Guard and did not serve under Title 10 using this paragraph. They totally ignored his DD-214 showing he was on regular active duty for four years at McClelland AFB, which the EPA designated as a Super Fund site. When he filed his claim, he included proof that McClelland AFB was designated by the EPA as a SuperFund site. In 2012, the veteran developed prostate cancer and had it surgically removed. The veteran filed for prostate cancer/residuals, but the VA denied the claim as follows. Claim denials for all of his conditions included the exact same text. I don't think the rater even bothered to dig through his records. I found an STR where he was on active duty in 1992 at Lackland AFB training where he was treated for a class 3 shoulder separation injury for four months. I have not finished going through his records yet, but have yet to find a good nexus connecting his conditions to his service. It might be in there, but he has a lot of records. I guess he assumed the VA was going to have their own doctors review the DBQ and make determination of whether or not it was SC. It never got that far because the VA is using Title 10 to prevent it from getting that far. He filed an NOD and has been waiting for more than a year. I think the VA is misreading 38 CFR 3.6 or not properly applying it. Any thoughts?
  5. I am boots on the ground Vietnam veteran 1969-1972. I have successfully handled my own compensation filings with the Veterans Administration for Diabetes type II, renal disease, liver disease, hypertensive heart disease, bilateral peripheral neuropathy in legs, and bilateral peripheral vascular disease. I am currently rated 90% with 10% added for unemployability, Permanent and Total. In December 2013 I began having urinary difficulties which resulted in medication and orders for a PSA from my primary care doctor at Michael E. DeBakey VA Medical Center. The prostate biopsy performed in May revealed stage 4 prostate cancer with a Gleason score of 9 (4+5 for 6 biopsies and 5+4 for six biopsies). I have sent a letter request to the Veterans Administration for compensation requesting that Prostate Caner, presumed caused by exposure to Agent Orange, be added to my list of service related disabilities and this effort is ongoing. Their response is expected in the next month. I am also pursuing an SF-95 claim suggesting malpractice as a result of failure to diagnose. These are my positions; 1) Physical exam performed in 2008 by Kelsey Seybold noted asymetrical prostate with PSA at 1.5. 2) These records were provided VA for compensation and copied to my primary care physician in 2009. 3) UCDavis/Norther California VA Medical Centers study published in Cancer in 2008 shows that Vietnam Veterans exposed to Agent Orange are 200% more likely to get prostate cancer, 75% more likely to have aggressive prostate cancer, and 400% more likely to have mets. I believe this information should have been shared with primary care physicians throughout VA determining that in country Vietnam veterans were high risk for prostate cancer. Another study published in 2013 from Portland VA shows the same results as UCDavis. 4) VA medical center guidelines state that annual counseling regarding prostate cancer should be conducted. 5) A review of all medical records from May of 2009 to January of 2014 do not show counseling, digital rectal exam, or PSA. My claim of malpractice is that given evidence of asymetrical prostate, study results indicating Vietnam Vets at high risk of prostate cancer, and VA guidelines to annual counseling at a minimum, the annual counseling should have been conducted which would have resulted in detection of the cancer at a much earlier stage. My question is this; Given the type of claim that I suggest above, will I still need an IMO? In reading posts on this forum it seems to me that I may need an IMO for review of my records confirming no counseling and supporting "standard of care" as counseling on an annual basis as a minimum.
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