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The Ao Presumptive List

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gp747

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To: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

Presumption of Exposure -- 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, will be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence that establishes that the veteran was not exposed to any such herbicide agent. See 38 U.S.C.A. § 1116(f) (West 2002); 38 C.F.R. § 3.307(a)(6)( iii) (2008). (Note: the dates of service in Vietnam for the purpose of presumed exposure are not the same as the statutory definition of the "Vietnam Era" in 38 U.S.C.A. § 101(29).)

Length of Exposure -- There is no regulatory requirement as to how long the veteran was in Vietnam; even a few hours of service in country is sufficient to establish the presumption of exposure. The last date on which a veteran will be presumed to have been exposed to an herbicide agent will 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. See 38 C.F.R. § 3.307(a)(6)( iii) (2008).

Presumptive Service Connection (herbicide-related diseases)

If a veteran has one of the diseases listed in 38 C.F.R. § 3.309(e) (see Appendix A) and his/her exposure to an herbicide is either presumed, based on service in Vietnam, or otherwise proven by the evidence, the disease is presumed to be related to the in-service exposure (the regulation provides the nexus – see Pearlman v. West, 11 Vet. App. 443 (1998)) – provided it was manifested within the appropriate time frame. Hence, service connection should be granted.

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

From: Chuck Palazzo [mailto:chuck_ pal@yahoo. com]

Sent: Monday, March 22, 2010 5:53 AM

To: Chuck Palazzo

Subject: The AO Presumptive List

Dear Friends,

I just checked the DVA site, as I do periodically and the asterisks are no longer posted to the right of the three illnesses that were added by Secretary Shinseki. The all inclusive list, according to the VA site now reads:

  • Acute and Subacute Peripheral Neuropathy
    A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.
  • AL Amyloidosis
    A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • B Cell Leukemias
    Cancers which affect B cells, such as hairy cell leukemia.
  • Chloracne (or Similar Acneform Disease)
    A skin condition that occurs soon after dioxin exposure and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Chronic Lymphocytic Leukemia
    A disease that progresses slowly with increasing production of excessive numbers of white blood cells.
  • Diabetes Mellitus (Type 2)
    A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
  • Hodgkin's Disease
    A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
  • Ischemic Heart Disease
    A disease characterized by a reduced supply of blood to the heart.
  • Multiple Myeloma
    A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
  • Non-Hodgkin's Lymphoma
    A group of cancers that affect the lymph glands and other lymphatic tissue.
  • Parkinson's Disease
    A motor system condition with symptoms that include trembling of the limbs and face and impaired balance.
  • Porphyria Cutanea Tarda
    A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
  • Prostate Cancer
    Cancer of the prostate; one of the most common cancers among men.
  • Respiratory Cancers
    Cancers of the lung, larynx, trachea, and bronchus.
  • Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma)
    A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Here is the link, as well:

http://www.publiche alth.va.gov/ exposures/ agentorange/ diseases. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans://http://www.publiche alth.va.gov/ ex...s. asp#veterans

I urge you all to NOT WAIT and get your claims filed ASAP. Do not wait for the local VA office to invite you in, because, sad to say, and to be perfectly blunt, you will die waiting. To some, this might not be new news, but to others, this might indeed be new - to all, it is positive. But you must take action. Your claims are retroactive - but only to the date that you file. Please take the time and get what you deserve. Start the process if you have not done so already.

Semper peace!

Chuck

Edited by skunk
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Authority: 38 U.S.C. 501(a), unless otherwise noted.

§ 3.309 [Amended]

2. In § 3.309(e) the listing of diseases is amended as follows:

a. By removing “Chronic lymphocytic leukemia” and adding, in its place, “All

chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and

chronic lymphocytic leukemia)”.

b. By adding “Parkinson’s disease” immediately preceding “Acute and subacute

peripheral neuropathy”.

c. By adding “Ischemic heart disease (including, but not limited to, acute,

subacute, and old myocardial infarction; atherosclerotic cardiovascular disease

including coronary artery disease (including coronary spasm) and coronary

bypass surgery; and stable, unstable and Prinzmetal’s angina)” immediately

following “Hodgkin’s disease”.

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From: "Colonel Dan" <colonel-dan@sbcglobal.net>Add sender to ContactsTo: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

amend

38 CFR part 3 as follows:

PART 3 — ADJUDICATION

Subpart A-Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

§ 3.309 [Amended]

2. In § 3.309(e) the listing of diseases is amended as follows:

a. By removing “Chronic lymphocytic leukemia” and adding, in its place, “All

chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and

chronic lymphocytic leukemia)”.

b. By adding “Parkinson’s disease” immediately preceding “Acute and subacute

peripheral neuropathy”.

c. By adding “Ischemic heart disease (including, but not limited to, acute,

subacute, and old myocardial infarction; atherosclerotic cardiovascular disease

including coronary artery disease (including coronary spasm) and coronary

bypass surgery; and stable, unstable and Prinzmetal’s angina)” immediately

following “Hodgkin’s disease”.

From the previous msg pdf

Vietnam Veteran survivors previously denied

Survivor caseload was determined based on Veteran terminations. Based on

data obtained from PA&I, of the 86,069 previous denials, 16,112 of the Vietnam

Veterans are deceased. Of the deceased population, 13,420 were Veterans

previously denied claims for IHD, 2,165 were denied for hairy cell or B cell

leukemia, and 527 were denied for Parkinson’s disease. We assumed that 90

percent of the survivor caseload will be new to the rolls and the remaining ten

percent are currently in receipt of survivor benefits.

Compensation and Pension (C&P) Service assumes the average degree of

disability for both Parkinson’s disease and hairy cell/B cell leukemia will be 100

percent, and IHD will be 60 percent. Based on the Combined Rating Table, we

assume Veterans currently not on the rolls would access at the percentages

identified above. For those Veterans currently on the rolls for other serviceconnected

disabilities, we assume they would receive a retroactive award based

on the higher combined disability rating.

__._,_.___

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is this an actual CFR in the Federal Registry, I cannot find this......

The % are not as the CFR has for regular IHD, yes 60% is about usual, but the Reg fails to mention conditions that boost the rating to 100% automatically....

This I knew might be a problem...

so what is this below ?

*************************

From: "Colonel Dan" <colonel-dan@sbcglobal.net>Add sender to ContactsTo: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>

amend

38 CFR part 3 as follows:

PART 3 — ADJUDICATION

Subpart A-Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

§ 3.309 [Amended]

2. In § 3.309(e) the listing of diseases is amended as follows:

a. By removing "Chronic lymphocytic leukemia" and adding, in its place, "All

chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and

chronic lymphocytic leukemia)".

b. By adding "Parkinson's disease" immediately preceding "Acute and subacute

peripheral neuropathy".

c. By adding "Ischemic heart disease (including, but not limited to, acute,

subacute, and old myocardial infarction; atherosclerotic cardiovascular disease

including coronary artery disease (including coronary spasm) and coronary

bypass surgery; and stable, unstable and Prinzmetal's angina)" immediately

following "Hodgkin's disease".

From the previous msg pdf

Vietnam Veteran survivors previously denied

Survivor caseload was determined based on Veteran terminations. Based on

data obtained from PA&I, of the 86,069 previous denials, 16,112 of the Vietnam

Veterans are deceased. Of the deceased population, 13,420 were Veterans

previously denied claims for IHD, 2,165 were denied for hairy cell or B cell

leukemia, and 527 were denied for Parkinson's disease. We assumed that 90

percent of the survivor caseload will be new to the rolls and the remaining ten

percent are currently in receipt of survivor benefits.

Compensation and Pension (C&P) Service assumes the average degree of

disability for both Parkinson's disease and hairy cell/B cell leukemia will be 100

percent, and IHD will be 60 percent. Based on the Combined Rating Table, we

assume Veterans currently not on the rolls would access at the percentages

identified above. For those Veterans currently on the rolls for other serviceconnected

disabilities, we assume they would receive a retroactive award based

on the higher combined disability rating.

__._,_.___

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26 Apr 2010.

Abbreviated comment period for presumptive afflictions.

Stutter Step.

Get your claims in!

Hoa Binh.

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To all my brothers and sisters on this forum, thank you very much for letting me rant and rave here a few days ago. I was in one of those stinking valleys again. More better now, again thanks. Dave :lol:

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