Appeal For Neck Scar

[NSA-Saigon-ET]

Hi everyone,

I had a claim filed in 2008 for a tumor on my neck. I had it removed from a private hospital back in 1999.

It was a benign tumor. I beleived it was due to AO exposure in 1969-70 Vietnam.

I filed in Houston and was denied.

I have filed a NOD and requested a local hearing and DRO. It should be coming up in January 2011.

I know now that I can't get anywhere with the tumor, but I can get a 10% rating for the scar and numbness caused by the surgery.

This is a simple claim, but I have learned to run it by the boards just in case.

I have attached it here.

Comments please!

-donald

Summary for local hearing of Neck Scar.doc

[Berta]

Somehow this would have to be proven as the same tumor that was noted on your discharge physical.

Do you have the medical term for this tumor?

Can you scan and attach here the Reasons and Basis VA used for the denial?

"I beleived it was due to AO exposure in 1969-70 Vietnam."

If it had been a soft tissue sarcoma-it would fall under the AO regulations-

but you said it was benign.

[NSA-Saigon-ET]

Somehow this would have to be proven as the same tumor that was noted on your discharge physical.

Do you have the medical term for this tumor?

Can you scan and attach here the Reasons and Basis VA used for the denial?

"I beleived it was due to AO exposure in 1969-70 Vietnam."

If it had been a soft tissue sarcoma-it would fall under the AO regulations-

but you said it was benign.

I have attached the reasons for denial.

The issue has been referred to as many different names. None of them were specific in nature. I can't prove anything other than the neck scar is from the removal of something that has been growing on the left side of my neck since Vietnam. It was noted on my separation physical and that is why I had to sign a waiver before leaving the Navy.

[Berta]

This is not an Agent Orange issue.

Buddy statements or any statements from friends, family etc could verify that you had this same tumor since service.

The problem I see here is that there is no evidence that this tumor disabled you to a ratable level=however the VA would possibly rate the scar if you can prove this is same tumor you had in service.(and the scar falls into a ratable criteria)

If the removal involved any residual muscular involvement,that too could be rated.

This might take a strong independent medical opinion.

Do you have the surgical removal records?