A Poor Ole Boy Can Get An Ao Award

[rthomass]

I thank my Lord and Saviour for making it possible for me to be here for this award........the award is wonderful...I feel wonderful and vindicate!

Veterans I wish to inform you that with one VS0, and four lawyers plus seven years equals an award for a Thailand Veteran for exposure to Agent Orange . No I never walked the perimeter because I was a purchasing and contracting type 65190. VA forgot that they also have air force specialty codes (MOS) To you Army types that were often on the perimeter due different construction projects.

The AO , sorry, the Herbicide that I was exposed to caused cancer called NHL. It took almost two years to put it in remission. I still have to have a CAT Scan every six months. Have had two medi-ports for administering IV's. CAT scan dye and so forth. The Chemotherapy I has has absolutely destroyed my veins. Well anyway I had to have the first medi-port removed because VA Radiology had a new Phillips Cat Scan unit installed ,necessitating the removal and installation of a high speed port that was required by the Phillips CAT machine. This second port caused a clot to form end of the probe into my heart and a clot the size of an man's thumb in the right atrium of my heart. Had to have a major heart operation to remove the thumb size clot. Private heart surgeon did the operation.

Just wanted someone there to explain to me how compensation and rating will be done. I assume It will involve a C&P; they diagnosed and treated my HHL then I put a claim in. My contention to VA was thet the claim date of 10 January 2005should be June 2003 (the date of actual diagnosis) I state this that personnel doing the diagnosis were well aware that this was an AO exposure condition.

I sincerely thank you all at HADIT;.......YOU GUYS WERE MY ROCK MY COMPASS. Who would have thunk an award for herbicide exposure....and in Thailand too!! One can do a direct exposure claim. I too wondered if this day would ever come......but after destoring my immune system, reprductive system; here I stand in direct disdain for something that should never have happened. you guys in Thailand, Cambodia, and Laos never give up ; I feel for the sick, the suffering, the despondent.....There is hope!!!!!!

[Testvet]

congrats on this huge win sorry for your health

[Berta]

This is wonderful news!

These are the ratings for NHL per a 1999 BVA decision:

Service connection is presently in effect for NHL, which has

been assigned a noncompensable evaluation. The schedular

criteria for evaluation of NHL were changed effective October

23, 1995. Where a law or regulation changes after a claim

has been filed or reopened, but before the administrative or

judicial appeal process has been concluded, the version more

favorable to the appellant applies unless Congress provided

otherwise or permitted the Secretary to do otherwise and the

Secretary does so. Karnas v. Derwinski, 1 Vet. App. 308

(1991). However, revised criteria may not be applied earlier

than the effective date of the revised regulations. Rhodan

v. West, No. 96-1080 (U.S. Vet. App. Dec. 1, 1998). Thus,

the veteran’s NHL disability must be evaluated under both the

old and new rating criteria mindful of the effective date of

the changed regulation.

The revised criteria provide non-Hodgkin's lymphoma with

active disease or during a treatment phase shall be rated 100

percent. Note: The 100 percent rating shall continue beyond

the cessation of any surgical, radiation, antineoplastic

chemotherapy or other therapeutic procedures. Six months

after discontinuance of such treatment, the appropriate

disability rating shall be determined by mandatory VA

examination. Any change in evaluation based upon that or any

subsequent examination shall be subject to the provisions of

§ 3.105(e) of this chapter. If there has been no local

recurrence or metastasis, rate on residuals. Diagnostic Code

7715, effective October 23, 1995.

Under the previously applied criteria non-Hodgkin's lymphoma

is to be rated as lymphogranulomatosis (Hodgkin's disease)

where the rating schedule provides that the 100 percent

rating will be continued for one year following the sensation

of surgical, X-ray, antineoplastic chemotherapy or other

therapeutic procedure." The 100 percent rating requires

frequent episodes of high and progressive fever or febrile

episodes with only short remissions, generalized edema,

ascites, pleural effusion, or severe anemia with marked

generalized weakness.

A 60 percent evaluation is warranted with generalized

muscular weakness with loss of weight and chronic anemia; or

secondary pressure symptoms, such as marked dyspnea, edema,

with pains and weakness of extremity, or other evidence of

severe impairment of general health.

A 30 percent evaluation required occasional low-grade fever,

mild anemia, fatigability, or pruritus. Diagnostic Codes

7709, 7715, effective prior to October 23, 1995.

http://www4.va.gov/vetapp99/files1/9901356.txt

In the 2010 edition of the VBM by NVLSP they make the point that if the cancer did not become manifested at 10% or more

until AFTER January 1,2002 the retro will be based on the formal date of the claim.

They add that COngress "did not make the repeal of the 30 year manifestation rule retroactive" , so a previous denial of NHL claim due to AO cannot produce an EED earlier than January 1,2002.

They cite Pub.L. No 107-103 Dec 27,2001.

I have no idea how they will rate you as it depends on the medical evidence but this concerns me:

" Well anyway I had to have the first medi-port removed because VA Radiology had a new Phillips Cat Scan unit installed ,necessitating the removal and installation of a high speed port that was required by the Phillips CAT machine. This second port caused a clot to form end of the probe into my heart and a clot the size of an man's thumb in the right atrium of my heart. Had to have a major heart operation to remove the thumb size clot. Private heart surgeon did the operation."

I feel you could claim any residuals from this heart surgery as secondary to the now SCed NHL and also under Section 1151, 38 USC.

If the medical evidence ( and a strong statement from the private doctor) would warrant service connection either under secondary or 1151 (they only will make one award for that) they would have to rate and compensate any compensable residuals

to include surgical scar.

"I state this that personnel doing the diagnosis were well aware that this was an AO exposure condition."

They probably were aware of it and this happens all the time-

but Pete said it recently here and he is right- they will only give us what we specifically ask for.

Once in a while over the years I saw the VA award something the vet did not claim but was an obvious SC award.

It just doesn't happen often so we must be quite specific in telling them what we want SC for and we need to be sure to add any secondaries because the VA wont do it.

Congratulations- you did very well have have gone through Plenty here!

[carlie]

rthomass,

Congrats on the claim issues granted.

I am so sorry for all of your medical problems and surgeries.

Below is a Hadit.com link that has the PDF regarding Thailand AO Exposure.

[Commander Bob]

I thank my Lord and Saviour for making it possible for me to be here for this award........the award is wonderful...I feel wonderful and vindicate!

Veterans I wish to inform you that with one VS0, and four lawyers plus seven years equals an award for a Thailand Veteran for exposure to Agent Orange . No I never walked the perimeter because I was a purchasing and contracting type 65190. VA forgot that they also have air force specialty codes (MOS) To you Army types that were often on the perimeter due different construction projects.

The AO , sorry, the Herbicide that I was exposed to caused cancer called NHL. It took almost two years to put it in remission. I still have to have a CAT Scan every six months. Have had two medi-ports for administering IV's. CAT scan dye and so forth. The Chemotherapy I has has absolutely destroyed my veins. Well anyway I had to have the first medi-port removed because VA Radiology had a new Phillips Cat Scan unit installed ,necessitating the removal and installation of a high speed port that was required by the Phillips CAT machine. This second port caused a clot to form end of the probe into my heart and a clot the size of an man's thumb in the right atrium of my heart. Had to have a major heart operation to remove the thumb size clot. Private heart surgeon did the operation.

Just wanted someone there to explain to me how compensation and rating will be done. I assume It will involve a C&P; they diagnosed and treated my HHL then I put a claim in. My contention to VA was thet the claim date of 10 January 2005should be June 2003 (the date of actual diagnosis) I state this that personnel doing the diagnosis were well aware that this was an AO exposure condition.

I sincerely thank you all at HADIT;.......YOU GUYS WERE MY ROCK MY COMPASS. Who would have thunk an award for herbicide exposure....and in Thailand too!! One can do a direct exposure claim. I too wondered if this day would ever come......but after destoring my immune system, reprductive system; here I stand in direct disdain for something that should never have happened. you guys in Thailand, Cambodia, and Laos never give up ; I feel for the sick, the suffering, the despondent.....There is hope!!!!!!

Congratulations. The cost of the cure can be heavy. I am glad you made it through. I did.

[Pete53]

The award is really good news and makes me happy.