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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

"If a veteran was exposed to a herbicide agent (to include

Agent Orange) during active military, naval or air service

and has contracted an enumerated disease to a degree of 10

percent or more at any time after service (except for

chloracne and acute and subacute peripheral neuropathy which

must be manifested within a year of the last exposure to an

herbicide agent during service), the veteran is entitled to a

presumption of service connection even though there is no

record of such disease during service. 38 U.S.C.A. § 1112;

38 C.F.R. § 3.307, 3.309(e). The enumerated diseases are

chloracne or other acneform diseases; Type II diabetes; Non-

Hodgkin's lymphoma; Hodgkin's disease; chronic lymphocytic

leukemia; multiple myeloma; acute and subacute peripheral

neuropathy; porphyria cutanea tarda; respiratory cancers;

prostate cancer; and certain types of soft-tissue sarcoma.

38 U.S.C.A. § 1116; 38 C.F.R. §§ 3.307(a)(6)(iii), 3.309(e),

3.313."

Source BVA.

The VA has since added AL (amyloidosis) to this list and has proposed to add Parkinson's, Ischemic heart disease, and Hairy Cell Leukemia

to the AO presumptives.

There are about 34 STS cancers (soft tissue sarcomas) that can be presumptive to AO and that list is here as well and in the regulations within 38 CFR

3.307. 3.309.

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"If a veteran was exposed to a herbicide agent (to include

Agent Orange) during active military, naval or air service

and has contracted an enumerated disease to a degree of 10

percent or more at any time after service (except for

chloracne and acute and subacute peripheral neuropathy which

must be manifested within a year of the last exposure to an

herbicide agent during service), the veteran is entitled to a

presumption of service connection even though there is no

record of such disease during service. 38 U.S.C.A. § 1112;

38 C.F.R. § 3.307, 3.309(e). The enumerated diseases are

chloracne or other acneform diseases; Type II diabetes; Non-

Hodgkin's lymphoma; Hodgkin's disease; chronic lymphocytic

leukemia; multiple myeloma; acute and subacute peripheral

neuropathy; porphyria cutanea tarda; respiratory cancers;

prostate cancer; and certain types of soft-tissue sarcoma.

38 U.S.C.A. § 1116; 38 C.F.R. §§ 3.307(a)(6)(iii), 3.309(e),

3.313."

Source BVA.

The VA has since added AL (amyloidosis) to this list and has proposed to add Parkinson's, Ischemic heart disease, and Hairy Cell Leukemia

to the AO presumptives.

There are about 34 STS cancers (soft tissue sarcomas) that can be presumptive to AO and that list is here as well and in the regulations within 38 CFR

3.307. 3.309.

respiratory cancers, does it matter if you have smoked can you still be connected ?

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It is my understanding that lifestyle or family history does not enter in the decision of an Agent Orange illness. Smoking is a lifestyle, therefore, it would not be considered in the decision-making process.

An example of this is a Vietnam vet diagnosed with Type II diabetes.This illness can come from both lifestyle and or family history. However, if you are a Vietnam vet with "boots on the ground" and you are diagnosed with this illness, then the illness is presumptive to Agent Orange exposure, irrespective of lifestyle and or family history.

I don't know if any of the cancers on the AO list are respiratory-related. If any are, and you are diagnosed with one, yours would be connected to AO by virture of service in Vietnam, regardless of your smoking.

Hope this helps.

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