Soft Tissues Sarcomas And Ao

[Berta]

Forgive me me if this posts reflects my frustration- I just got email asking me to tell all vet orgs etc this big news-a dead Nam vet with brain tumor got SC due to AO.

It isnt big news-

I have failed to make this point I guess to this former member-

The VA service connects all soft tissue sarcomas in Vietnam vets (in country) as also the Korean vets on the DMZ unit list-

It doesnt matter where the cancer is- as long as it is a STS -soft tissue sarcoma it is presumptive.

Here is the STS list:

Soft tissue sarcoma is among the diseases listed under 38

C.F.R. § 3.309(e) for which service connection may be

presumed as a consequence of exposure to Agent Orange under

38 U.S.C.A. § 1116 and 38 C.F.R. §§ 3.307(a)(6) and 3.309(e).

The soft-tissue sarcomas to which the presumption applies are

limited to the following: adult fibrosarcoma;

dermatofibrosarcoma protuberans; malignant fibrous

histiocytoma; liposarcoma; leiomyosarcoma; epithelioid

leiomyosarcoma (malignant leiomyoblastoma); rhabdomyosarcoma;

ectomesenchymoma; angiosarcoma (hemangiosarcoma and

lymphangiosarcoma); proliferating (systemic)

angioendotheliomatosis; malignant glomus tumor; malignant

hemangiopericytoma; synovial sarcoma (malignant synovioma);

malignant giant cell tumor of tendon sheath; malignant

schwannoma, including malignant schwannoma with

rhabdomyoblastic differentiation (malignant Triton tumor),

glandular, and epithelioid malignant schwannomas; malignant

mesenchymoma; malignant granular cell tumor; alveolar soft

part sarcoma; epithelioid sarcoma; clear cell sarcoma of

tendons and aponeuroses; extraskeletal Ewing's sarcoma;

congenital and infantile fibrosarcoma; and malignant

ganglioneuroma. 38 C.F.R. § 3.309(e)

If any type of AO cancer that is lisated separately in the AO list is NOT this type of cancer the claim will be denied as the MOPH recently found out when they assured a widow her AO claim would succeed because her husaband AO vet-died of lung cancer.

It was not of any type on the STS list.

I just ran into a Nam vet who told me he still had not filed his claim yet as he doesn't understand whether he has an STS cancer or not.

Colon cancer.

I told him the same thing I said about 2 years ago -go through your medical records or just ask your doctor if the cancer falls into a STS type of AO cancer.He hasnt done that at all yet .

It doesn't matter where the cancer is-if it is STS type it is presumed SC due to AO exposure. I just read a recent BVA decision granting SC for cancer of the wrist. The Vet was in Vietnam and had made sure that he put the STS name of the cancer into his claim and the VA could confirm this in his VA med recs.

MANY MANY MANY vet reps dont have a clue on the STS cancers- I bet reps right this minute somewhere are telling a vet no you arent on the AO presumptive list-without even considering the big long STS list.They are too lazy to read it.

Rhabdomyosarcomas for example can grow in the neck, head, wrist, in any soft tissue.

A vet who files as Nam vet exposed to AO for cancer of the neck- is going to be denied.

The VA is not going to take the time to run down the AO STS list and also search through the vets med recs to make the link.

A vet who was AO exposed -who files for soft tissue sarcoma of rhabdomyosarcoma type-affecting his neck and head will succeed.The VA will have to confirm he has an STS cancer but this is presumptive and his claim will be granted.

These claims take asking the doctor what type of cancer it is and then making sure that the terms used in the med recs are the same ones that the VA recognises.

Or searching through the med recs for the description of the cancer.

There can be numerous ways STS cancers are identified but find just one of the STS names on the AO list above- and this gets the award in a Vietnam exposed vet.

Edited June 12, 2007 by Berta

[Cavman]

Berta:

As you know I was denied my claim for AO. I was dignosed with Stage IV Squamous Cell Carcinoma (malignent tumor on the right tonsil that had metastisized into the lymphnodes). My Oncology ENT gave me a letter stating he strongly believed this cancer started in Vietnam. I served on the DMZ with the 4/7 Cavalry (2nd Infantry) in Korea and of course Vietnam/Cambodia I was denied with the VA saying my cancer is not on the presumptive list of cancers. I did check awhile back after one of your post of the soft tissue cancers and didn`t think it matched with mine. My doctor did also state the dioxins I was sprayed with many many times did have to travel thru my throat to get to the other parts on the list.

I am getting the 100% payment now for other things, but I do worry everyday about dying of this bullshit and my wife not getting a dimes worth of help.

Cavman

[Berta]

Cavman I hope you nodded the denial anyhow- that list of AO disabilities could grow-

When I first started out dealing with VA there were only 2 AO conditions- PN-with a highly limiting criteria and chloracne which was very hard to get SC for also-

But the AO Settlement Fund of 1991 against Dow, etc-only required service in Nam and a 100% disability regardless of cause-SC or NSC to become class action member and get sent some of the lawsuit money.

The AO presumptive list has grown and I feel it will continue to grow.