Non-Small Cell Lung Cancer

[Quibley]

My father served in Vietnam and has just been diagnosed with non-small cell lung cancer. Can he file for disability compensation? If so, what would be the wording on the written statement? Lung cancer secondary to AO exposure?

Thanks in advance,

Quibley

[Berta]

Secondary to his proven exposure to AO in Vietnamis gtood but I think

stating his lung cancer is directly due to his proven exposure to Agent Orange in Vietnam is better.

I am glad I just found a similiar case at the BVA because the MOPH years ago told a widow her DIC was in the bag as her husband ,Vietnam vet, had died of lung cancer.

Her claim was denied because his cancer was not of a soft tissue sarcoma nature. I hope she appealed.But the VA decision might well have been correct.

If VA does not see the wording Soft tissue sarcoma they could deny his claim.

This case is proof positive that his type of lung cancer should be service connected by the VA:

"Associated with the claims file are VA medical treatment

reports variously dated in 2003. It was noted that in

January 2003 while undergoing preoperative work-up for

shoulder surgery, the veteran was found to have small cell

lung cancer. His smoking history was acknowledged.

On file is a later dated in April 2004 from MMK, MD. She

identified herself as the diagnosing and attending physician

at the VA Medical Center in Iowa City when cancer was found

in the veteran's lung. She stated that it was a primary site

and consistent with the lung cancer found in many Vietnam

veterans who were exposed to herbicides in the course of

their military duties in Vietnam.

Dr. MMK acknowledged that while the veteran had a history of

smoking, in determining etiology of the disease, even minimal

exposure to AO was a risk factor, which was recognized and

presumed to cause the kind of carcinoma discovered to exist

in the veteran's lung. She advised that it was at least as

likely as not that the veteran's lung condition had been

caused by his exposure to AO while serving in the Air Force

in Southeast Asia."

http://www4.va.gov/vetapp04/files2/0414623.txt

The veteran's visitation in Vietnam was also questioned but he overcame that.

If I were you yes- make sure he files the claim and keep a copy of this decision.

A Vietnam vet friend of mine was rejected from a AO cancer lawsuit because the lawyer didn't interpret his type of AO cancer correctly in his medical records.Although the records stated adenocarcinoma- he had NHL= an obvious AO disease. This was the Gerson AO lawsuit which didnt get anywhere anyhow.

I questioned their denial of inclusion for him and they determined he was obviously then going to be included.

ROs can easily misinterpret this type of cancer as non sarcoma cancer.

Maybe best to send them copy of the above decision as-although BVA decisions do not have much weight for specific claims-

VA cannot discriminate in saying one vet does have an AO lung cancer like this and another vet doesn't.

The possible smoking etiology was knocked down by the VA doctor who had experience with this type of cancer in Vietnam vets.

Edited June 26, 2010 by Berta

[Tbird]

also check this post it may be helpful to you

[Quibley]

I wanted to add an update to this post: my father, passed away on October 17, 2010. The claim for Agent Orange was being processed by the Indy RO. And they sure took their sweet ass time to make sure he died before they had to adjudicate the claim.

[SP4RVN1971]

I wanted to add an update to this post: my father, passed away on October 17, 2010. The claim for Agent Orange was being processed by the Indy RO. And they sure took their sweet ass time to make sure he died before they had to adjudicate the claim.

My Heart can only cry the tear's, and the lost. The battle will be remember and love for them were lost!

[carlie]

I wanted to add an update to this post: my father, passed away on October 17, 2010. The claim for Agent Orange was being processed by the Indy RO. And they sure took their sweet ass time to make sure he died before they had to adjudicate the claim.

Is someone continuing on with the claim to the end ?

Did he have a wife ?

[Pete53]

Quibley

Sorry for your loss. Indiana is a cess pool. If your father was married his spouse can make them continue the claim but she has to ask for it within a years time from death.

Pete