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Agent Orange Presumptive List


evandc

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  • HadIt.com Elder

I was checking the list for a friend before we filed a claim for Lung Cancer & just thought might be worth posting.

Don

38CFR 3.309(e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of §3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of §3.307(d) are also satisfied.

Chloracne or other acneform disease consistent with chloracne

Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)

Hodgkin’s disease

Chronic lymphocytic leukemia

Multiple myeloma

Non-Hodgkin’s lymphoma

Acute and subacute peripheral neuropathy

Porphyria cutanea tarda

Prostate cancer

Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

Note 1: The term soft-tissue sarcoma includes 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 habdomyoblastic 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

Malignant ganglioneuroma

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  • HadIt.com Elder

I would bet about a thousand dollars that most primary care doctors at the VA do not recognize agent orange diseases. Even the specialists would not make the connection unless you tell them. They might identify the disease but they would not tell you to file a claim. That you would need to know to do on your own. No civilian doctor I know has any knowledge about AO.

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Don -thanks for the complete Soft Tissue Sarcoma list-

I dint know if this applies to your friend- but the Order of the Purple Heart told a widow her DIC was practically in the bag- Vietnam Vet- died of lung cancer- but the type of cancer he had was NOT an STS cancer and the VA denied.

The list does not make that point clear-whatever type of cancer it is that falls into the cancer list here-if it is not STS, then VA will not service connect.

On the other hand- there are plenty of reps out there who do not realise that -if a vet has cancer that is not- trachea,lung, prostate etc but the cancer IS an STS-then the VA has to SC the cancer.

I bet many vets with STS cancers that are not on the listed cancer list but only in the STS list are discouraged from filing AO claims.

I posted a BVA award here some time ago- the vet is not on the main AO respiratory list but had a complex type of cancer-and I forget where it was in his body.

It was also adenosarcoma. He was awarded AO comp.

I had one local vet whose records took many days to go through to find he too had AO cancer.There were numerous medical terms for his condition but I had to find at least one of the STS terms.

The raters aren't going to look through med recs to find if one of the many terms for cancer that docs use are on the above STS list.

It pays to highlight the specific records and send to VA as evidence- that call it a type that falls into the STS criteria.

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Veterans should be aware that Agent Orange was also found in Guam, and Korea (on the DMZ) and you can file an AO claim for service there.

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I would bet about a thousand dollars that most primary care doctors at the VA do not recognize agent orange diseases. Even the specialists would not make the connection unless you tell them. They might identify the disease but they would not tell you to file a claim. That you would need to know to do on your own. No civilian doctor I know has any knowledge about AO.

You would win that bet! I was treated for throat cancer at a va hospital for well over a year before another vet informed me about AO!

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  • HadIt.com Elder

The Primary Care Doctor may or may not know the AO list, but I really don't think it is their job to tell you to file a claim. This is another time where you have to be proactive & take care of yourself. I am fortunate that my Vet Group talks about this subject & others including PTSD all the time. I have (had) Prostate Cancer in 2004. I had claim approved in 22 days for 100% to go with my 100% for PTSD. That gave me a SMC worth $300 a month.

Don

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