Non-hodgkins Lymphoma (nhl)

[allan]

<H2 class=date-header>Friday, July 11, 2008</H2><H3 class=post-title><A href="http://vnvets.blogspot.com/2008/07/attn-blue-water-vets-with-nhl-or-cll.html">Attn: Blue Water Vets with NHL or CLL </H3>

Non-Hodgkins Lymphoma (NHL)

If you are a Blue Water Veteran of the Vietnam War and you have been diagnosed with Non-Hodgkins Lymphoma [NHL], you need to understand that you are in a different category than the rest of us. You do not have to prove exposure to Agent Orange, and you do not have to prove "feet on the ground"!

Paragraph 3.307 of 38 CFR states

(iii) A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. The last date on which such a veteran shall be presumed to have been exposed to an herbicide agent shall be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. “Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.

Notice there is no comma in '“Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.' The VA uses this paragraph to deny Agent Orange benefits to Blue Water NAvy Veterans who have not set foot on the ground.

Paragraph 3.313 38 CFR states

Claims based on service in Vietnam.

(a) Service in Vietnam. “Service in Vietnam” includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.

(

Service connection based on service in Vietnam. Service in Vietnam during the Vietnam Era together with the development of non-Hodgkin’s lymphoma manifested subsequent to such service is sufficient to establish service connection for that disease. (Authority: 38 U.S.C. 501(a))

Again, notice the comma in the phrase '“Service in Vietnam” includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam." Because the other phrase, without the comma, is used to deny benefits to the Blue Water Navy Veterans, this phrase, with the comma cannot be used the same way. Since this definition refers exclusively to NHL [see the second paragraph (B)], then NHL Veterans must be presumptively eligible for benefits.

If you have a claim pending and you have been diagnosed with NHL, get your Veterans Service Officer to get the VA moving on your case under this provision: Title 38, Part 3, Subpart A, Paragraph 3.313.

Chronic lymphocytic leukemia (CLL)

We have reason to believe that if you have been diagnosed with CLL, at some point it may develope into NHL. See your doctor and ask for tests specific to NHL.

If you should become diagnosed with NHL get your Veterans Service Officer to pound the VA to process your claim for that under Title 38, Part 3, Subpart A, Paragraph 3.313.

We do not wish any of the Agent Orange diseases on anyone, but in their presence, the Veteran should take advantage of what is available. Perhaps once your claim is approved the removal of the stress involved in dealing with the VA will help alleviate symptoms.

Best of luck, Sailors!

[Note: This comment just came in from one of our Blue Water Sailors with NHL:

You are correct in saying that NHL is a presumptive disease recognized by the VA.

However you need to know that the VA is holding ALL NHL cases under Haas. I am one of those cases right now. I have my case before the U.S. Court of Appeals and the they have issued a demand from the VA to respond within thirty days to explain why they are holding my case, when it is clear they should not be, even by the VA's own rules.

The best thing for anyone with a claim for NHL is to get a lawyer and have them file what is called "A Writ of Mandamus". They should file it with the court of appeals and skip the VA.

http://vnvets.blogspot.com/2008/07/attn-bl...nhl-or-cll.html