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Sc For Cancer. Presumtive?


Doc John

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I was told by my VSO that some cancers are "presumptive" for service connection.

I had cancer surgery in 2000 for adenoid cystic carcinoma (a.k.a. cylindroma) , along with chemotherapy and radiation. My face is disfigured and I need physical therapy on my jaw 20-30 times a year so that I can open my mouth and chew solid food.

I am in remission but have been assured by my oncologist that metastases will occur eventually in my lungs, and it will kill me if I don't die waiting for it.

I searched hadit.com and found this decision from the VA::: http://www.va.gov/vetapp93/files2/9315426.txt

If I could get it, I would appreciate some expert VA advice from the Elders, VA employees or Berta, who helped this widow originally.

Thanks,

Doc John

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  • HadIt.com Elder

Doc:

Sorry that you have cancer. It has really hit me hard as two uncles are suffering from it right now. The VA presumptive cancers is listed but I would not be surprised that it is a result of exposure.

Good Luck

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doc john

when did you get out of service? when was the cancer first diagnosed? when did you have your first symptoms? were you exposed to Agent Orange while on active duty?

do you think you were exposed to any other carcinogens in service that might have caused the cancer?

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  • HadIt.com Elder

As a first step, I'd strongly suggest that you get your hands on ALL the medical records you can, including any service medical records, and those service records proving Vietnam service. With the records in hand, have the doctors that will write authoritive independent medical opinions review them, then in summary state that "more likely than not" your cancer is a result of military service in Vietnam, and probable exposure to Agent Orange (where applicable).

I was told by my VSO that some cancers are "presumptive" for service connection.

I had cancer surgery in 2000 for adenoid cystic carcinoma (a.k.a. cylindroma) , along with chemotherapy and radiation. My face is disfigured and I need physical therapy on my jaw 20-30 times a year so that I can open my mouth and chew solid food.

I am in remission but have been assured by my oncologist that metastases will occur eventually in my lungs, and it will kill me if I don't die waiting for it.

I searched hadit.com and found this decision from the VA::: http://www.va.gov/vetapp93/files2/9315426.txt

If I could get it, I would appreciate some expert VA advice from the Elders, VA employees or Berta, who helped this widow originally.

Thanks,

Doc John

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All Vietnam incoutry veterans and some Army veterans exposed to AO near the DMZ 1968-1969 can have cancers on the presumptive list service connected.

These cancers are Soft tissue sarcomas-

under the search feature here I posted all of them-

Doctors use considerable medical terms for cancers-

somewhre in the med recs something there must define your cancer as a soft tissue sarcoma if you are an in country Vietnam vet or Korean vet who can prove you were near the DMZ in 1968-1969- that criteria is very specific also-there is more to it then that - not all Army at DMZ-were exposed.

that info also is here under the search feature.

Is it possible that some service occupation exposed you to asbestos and could the cancer be from that asbestos exposure?

Or can you prove any other exposure to carcigenics during your service?

If you do not fall into the presumptive regs for STS cancers etc- as above- you will need an Independent medical Opinion that connects your present disability with your service.

The full criteria for independent medical opinions is here at hadit undr a search for "Getting and Independent medical opinion."

Good advise here- you need the SMRs and also all of your treatment records for an IMO doctor to see-if your cancer is not presumptive to AO.

I am surprised the SO did not give you the presumptive STS list.

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Berta,

Last night I did some more searching and found the soft tissue cancer list you spoke of. Mine was not there. I also searched VA for adenoid cystic carcinoma and found that in most claims it was denied as service connected.

Thanks,

Doc John

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If you can get a strong medical opinion from an environmental specialist or some doctor with expertise in dioxins-you could still present a claim for direct service connection of the cancer.

A vet is not locked into the presumptive regs.

If a real doctor with specific expertise can state with complete medical rationale that the etiology for a veteran's cancer is associated to Agent Orange by medical evidence,with no other potential cause of the cancer -the VA could certainly award the claim.

Also there could be other in-service potentials for cause of the cancer.

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PS -there is a CUE claim I posted here and cannot find it yet-

regarding an AO vet whose comp was dropped and he fought it under CUE claim and succeeded.

This vet had a disability that the VA granted years ago due to AO which does not appear on the AO list.He had a very strong medical opinion.

His comp was restored.

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PS -there is a CUE claim I posted here and cannot find it yet-

regarding an AO vet whose comp was dropped and he fought it under CUE claim and succeeded.

This vet had a disability that the VA granted years ago due to AO which does not appear on the AO list.He had a very strong medical opinion.

His comp was restored.

Berta,

Thanks for your reply. I am a newbie at hadit and do not always understand acronyms an abbreviations.

What are "CUE" and "AO" ?

Doc John

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CUE- a clear and unmistakable legal error that the VA made in a final unappealed rating decision -that caused the veteran a monetary loss.

AO Agent Orange-

We had a dictionary somewhere here for the acronyms we use.

Edited by Berta
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John,

Go to this site below, and download booklet...It'a for AO vets....print it out and read it, you may be able, if it's not on the presumptive list, to be secondary to an item on the presumptive list..

Have you taken the Agent Orange test? by the VA...

Revised Agent Orange Handbook... September 5, 2006 PDF.gifVHA Handbook 1302.01, 9/5/06, Agent Orange Registry (AOR) Program Procedures To Include All Veterans Exposed To Agent Orange And Special Health Care Benefits For Vietnam Veterans' Children

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CUE- a clear and unmistakable legal error that the VA made in a final unappealed rating decision -that caused the veteran a monetary loss.

AO Agent Orange-

We had a dictionary somewhere here for the acronyms we use.

Thanks Berta. I remember seeing the dictionary once, but now I can't find it.

I wasn't sprayed with AO but it was stored in barrels on Okinawa at, I believe, Camp Futenma. That was where I had to go to see the dentist for my TMJ.

The navy finally dumped it all on some little atoll in the Pacific.

Doc John

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John,

Go to this site below, and download booklet...It'a for AO vets....print it out and read it, you may be able, if it's not on the presumptive list, to be secondary to an item on the presumptive list..

Have you taken the Agent Orange test? by the VA...

Revised Agent Orange Handbook... September 5, 2006 PDF.gif VHA Handbook 1302.01, 9/5/06, Agent Orange Registry (AOR) Program Procedures To Include All Veterans Exposed To Agent Orange And Special Health Care Benefits For Vietnam Veterans' Children

Thanks, Buick,

This was a good site for research! I will get VA to give me the test.

Doc

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  • HadIt.com Elder

I had the AO exam and the VA discovered two AO conditions I did not even know were presumptive. It is a pretty good exam and about the best the VA has to offer.

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That's very encouraging. I'll ask my primary care MD to set it up.

Doc John

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An Okinawa vet succeeded at the BVA with his AO claim. I posted the decision here some time ago.

He proved direct exposure- also for many years Congressman Lane Evans tried to get DOD to admit AO was used on Okinawa and I think he burned himself out on that- he is very ill himself now- hope it isnt a AO disability.

By the little atoll did you mean Johnson Atoll in the pacific?

Edited by Berta
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An Okinawa vet succeeded at the BVA with his AO claim. I posted the decision here some time ago.

He proved direct exposure- also for many years Congressman Lane Evans tried to get DOD to admit AO was used on Okinawa and I think he burned himself out on that- he is very ill himself now- hope it isnt a AO disability.

By the little atoll did you mean Johnson Atoll in the pacific?

Hi Berta,

Johnson Atoll is the one I am thinking of and I think the agent orange was dumped in '71 or '72. I was on Okinawa in '73, but I understand that the stuff stays in the soil and can harm living creatures for many years.

It was loaded on ships at the same piers where we loaded our amphibious assault ships with Marines and equipment.

Too bad about Evans, maybe someone else will pick up the line.

Thanks,

Doc

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There is only one Johnson Atoll AO claim at the BVA and it was denied:

http://www.va.gov/vetapp06/files4/0629685.txt

This claim was presented incorrectly-he failed to state what disability he attributed to AO exposure-

I bet many vets who served on Johnson were exposed to AO and might have disabilities that are presumptive.

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  • HadIt.com Elder

Berta,

AO presumptive for cancers does not have to be "Soft Tissue Sarcoma" but STS is one of the 11 AO presumptive diseases......however they also list 25 cancers that are under Soft Tissue Sarcoma.

I have Larynx Cancer and it is AO presumptive under another one of the 11 under Respiratory Cancers. It is no way Soft Tissue Sarcoma and I was a Marine near the DMZ in 1968-1969.

Please don't get hung up on the AO presumed cancers being only Soft Tissue Sarcoma as there are many other AO presumptive cancers that are not, such as basil cell carcinoma and Squamous Cell Carcinoma which is the only type of cancer there is in the throat and larynx.

Rule of Thumb is if it is listed below then it is AO presumptive. For example DMII. There are a bunch of secondary conditions related to DMII such as periphial Neuropathy due to DMII, even though Periphial Neuropathy was not diagnosed 1 year after service in Vietnam it was not the cause of AO. DMII was the cause of AO and then the Periphial Neuropathy was caused by the DMII as a secondary condition.

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 Sec. 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 Sec. 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

[[Page 243]]

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

Malignant ganglioneuroma

Note 2: For purposes of this section, the term acute and subacute

peripheral neuropathy means transient peripheral neuropathy that appears

within weeks or months of exposure to an herbicide agent and resolves

within two years of the date of onset.

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Berta,

AO presumptive for cancers does not have to be "Soft Tissue Sarcoma" but STS is one of the 11 AO presumptive diseases......however they also list 25 cancers that are under Soft Tissue Sarcoma.

I have Larynx Cancer and it is AO presumptive under another one of the 11 under Respiratory Cancers. It is no way Soft Tissue Sarcoma and I was a Marine near the DMZ in 1968-1969.

Please don't get hung up on the AO presumed cancers being only Soft Tissue Sarcoma as there are many other AO presumptive cancers that are not, such as basil cell carcinoma and Squamous Cell Carcinoma which is the only type of cancer there is in the throat and larynx.

Rule of Thumb is if it is listed below then it is AO presumptive. For example DMII. There are a bunch of secondary conditions related to DMII such as periphial Neuropathy due to DMII, even though Periphial Neuropathy was not diagnosed 1 year after service in Vietnam it was not the cause of AO. DMII was the cause of AO and then the Periphial Neuropathy was caused by the DMII as a secondary condition.

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 Sec. 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 Sec. 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

[[Page 243]]

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

Malignant ganglioneuroma

Note 2: For purposes of this section, the term acute and subacute

peripheral neuropathy means transient peripheral neuropathy that appears

within weeks or months of exposure to an herbicide agent and resolves

within two years of the date of onset.

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