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Agent Orange Question

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MissusB

Question

Hey, all. I scanned through a little and didn't see anything that I am looking for.

My husband was stationed at Seneca Army Depot around 1975ish as a Special Weapons Guard. They sprayed Agent Orange as a defoliant around the base.

Does this qualify for the new recognition of Agent Orange related illnesses as service-connected disabilities?

I don't really know where to look. I read the article to my husband from the VA website, and he said that it should qualify, but he can't imagine the Army would admit that they used it.

Anywhere I can look? Or does anyone have information?

Thanks in advance.

:D

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MisusB

There is certainly some truth to the "dont rock the boat". However, 60% is not a "boat", its more like a rubber ducky in the tub. My advice:

Unless your hubbie's conditions have improved since he was rated, your benefits cant be reduced after receiving them a year, except in very special circumstances. (RO decisions become "final" after a year and cant be changed except with great difficulty alleging CUE).

The VA must send you a 60 day notice of any proposed reduction, and give you an opportunity to appeal this reduction. The VA cant reduce hubby's rating because ONE rating specialist judges your husbands conditions differently than the first rating specialist. They cant just say.."Gee that guy rated your hubby too high, I think it should be lowered, so we will reduce it"

To reduce the rating the VA has to show "material improvement", and they have to call for a C and P exam to prove this to a judge. (If they call for a C and P exam, and you fail to show, you are kind of in big trouble) As long as your hubbie did not get all better after he was rated, or he quit going to the doctor, or someone committed fraud to get his benefits, you should be ok.

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It doesn't matter that he no longer goes to the VA for medical care, does it? Last year we bumped up to Tricare Prime and now he goes to a civilian doctor, because the VA is over 2 and 1/2 hours away. He also has Medicare, so it costs him nothing to go to the civilian doctor.

We have a local DAV rep, though.

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  • HadIt.com Elder

I think your hubby should go to the VA for his service connected problems. You want that documentation in the record. You don't need to go for all medical needs, but it is good to document treatment with the VA for SC conditions, especially if you want an increase.

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Well, then if that's the case, he can do without the increase. We lived in Syracuse, New York and had a phenomenal care system with the VA. As we were moving to Alabama, he started having chest pains and went to the VA ER. They told him he needed to be cathed, and gave him something in writing to give to the Alabama VA to speed it along, since he couldn't have it done there (see below).

He wasn't in dire need of the cath immediately. Had we not had a fully-loaded U-Haul truck sitting in our driveway, he would have had it done then, but the doctor said he shouldn't wait more than a coupla weeks, just in case. The VA said he'd be fine 'til he got to Alabama.

Once we got here, we immediately went to the VA. It took 3 months just to get an appointment at an outpatient clinic (that was the slow clinic) and the entire 4 and 1/2 years we were here, they never sent him to a cardiologist. When we went back to New York, he got in immediately, and was cathed immediately.

We are back in Alabama now, with the same lousy VA healthcare. I'd rather he stick with the civilian doctor.

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