Need Advice On Chloracne Claim For Vietnam Veteran

[Troy Spurlock]

Since 2008 I have been working with due diligence to assist a Vietnam veteran in his claim for service connection for chloracne.

As with any typical Vietnam veteran, many blew off the VA system because of the way they were treated by Americans upon their return; not to mention the fact that the VA outrightly denied their claims regardless of their service.

Anyhow, long story short, we have lay and expert evidence - even a VA C&P examiner giving a 'probable' diagnosis of chloracne (which the CFRs and BVA substantiate is all that is needed from a physician to substantiated a service connected claim) - but the VA we're dealing with is arbitrarily dismissing it with contradictory statements. Stating they cannot ignore a medical opinion but they can disregard it all the same.

I would certainly appreciate any input from any Vietnam veteran who has successfully achieved a service-connected disability rating with family, friends, and VA C&P examiner information substantiating the veteran's claim for such.

Thanks!

Troy Spurlock

Former US Army Veteran

Military Police Investigator

Airborne

[jbasser]

Do they have any negative evidence on this issue?

If not then you are going to have to get this issue out of the RO and to the BVA or higher. Also ask the RO where they went to medical school?

James Cripps has been thriugh this one and Maybe he can add some input.

J

[Troy Spurlock]

Do they have any negative evidence on this issue?

If not then you are going to have to get this issue out of the RO and to the BVA or higher. Also ask the RO where they went to medical school?

James Cripps has been thriugh this one and Maybe he can add some input.

J

Question 1: Do they have any negative evidence on this issue?

That is a definite NO! The VA is making allegations they cannot and have not proven (i.e. they continuously fail to meet their burden of proof to the contrary).

Second point, we are taking it out of the RO and to the BVA directly. I am currently working on dissecting the VARO's ignorant response right now; and we will be appealing the the BVA (2009 decisions searched thus far are similar to this case and I believe the BVA will rule in our favor).

The RO actually stated in this denial that the RO, though it cannot deny a C&P examiners opinion, can still deny that opinion and likewise deny the veteran's claim. How's that for an implicit contradiction!?!

T.S.

[Pete53]

It won't be the first time it has happened. Just keep after them and hopefully the Veteran will get their hard earned benefits.

[jbasser]

Question 1: Do they have any negative evidence on this issue?

That is a definite NO! The VA is making allegations they cannot and have not proven (i.e. they continuously fail to meet their burden of proof to the contrary).

Second point, we are taking it out of the RO and to the BVA directly. I am currently working on dissecting the VARO's ignorant response right now; and we will be appealing the the BVA (2009 decisions searched thus far are similar to this case and I believe the BVA will rule in our favor).

The RO actually stated in this denial that the RO, though it cannot deny a C&P examiners opinion, can still deny that opinion and likewise deny the veteran's claim. How's that for an implicit contradiction!?!

T.S.

Troy, Pete is right. You need to keep your focus and your resolve to get this done. Do you have an attorney? I may consider getting one because there are points of lelgal expertise the attorneys can relate to on your claim.

J

[Philip Rogers]

The main problem I see is that VA requires that the chloracne be 10% disabling within one year of exposure to AO and it's now some 40yrs later.

pr

[evandc]

PR

Thanks for your comment..I was going to post that it was long, long, tough battle to win for 10%.

I'm so good at pissing people off I didn't want to upset everyone. Also, I look at the "Big Picture"-most vets in my group have PTSD, Cancer, Heart Problems, Diabetes ll, Kidney Problems, PN & on & on. Many of them have several of these problems. Could just be my hard head, but I'm for going for the big numbers. This 10%,10% Chinese Math drives me crazy. Give me 100% plus some SMC Award any day. Yes, I know not everyone has the 100% conditions, but guess it's just me.

Thanks,

Don