Mustard Gas Claims

[Berta]

A friend of mine has a mustard gas claim based on exposure as well as 4 disabilities on the MG presumptive list.

The VA had denied this claim years ago without taking any of the specific steps they were supposed to do within the mustard gas claim regs-

He was up many nights this past week researching everything he could-

and found this :

M21-1MR Part IV Subpart ii Chap 1, Section F.

The VA is supposed to have mustard gas exposure certified by the DOD-in his case they simply denied the claim-

we are considering this would be an excellent subject for our weekly radio show-

how many vets were not only exposed to mustard gas and have disabilities today that could stem from that exposure-no matter when it was-

and have had their claims arbitrarily denied by VA-without a full application of M21-1MR regs that tell the VA what to do with these types of claims?

In part the regs read:

"Important:

· Do not

- process the claim as a denial, or

- establish end product (EP) control for the incomplete claim.

· Whenever possible, telephone the veteran to obtain the information needed to substantiate the claim."

He never got any contact from VA at all and obviously their VCAA letter was all wrong-

so much for Duty to Assist-they dont even know their own regulations.

If this vet had not taken the time to find this- he would not have this ammo against the VA for a proper resolve-

he does have the evidence of exposure (VA said he was exposed to mustard gas but didnt take the next step)and also he has 4 of the presumptives.