Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
EODMOMMY

Ao Question

Question

I am getting a headache looking for info on my husband and uncle, so I thought I would ask you all the question. You are more experienced then I am!! :)

On the VBA site they mention deadlines for conditions for AO, but the links they give to Title 38 don't work, so I looked under Title 38 in the section they made you think it was in and found nothing.

On DMII with AO exposure (even casual), is there a deadline that you have to file by or a deadline that you had to have contracted the disease?

Also, what can he use (besides his word), that he was boots on the ground in Vietnam (couple of hours). He was stationed in Okinawa at the time, but went to the Phillipines first and then to Vietnam. The name escapes me where he landed, but my husband knew it when I brought it up to him one night. I know it wasn't Siagon. I don't think my uncle kept any of his paperwork (unlike my husband) from his service. I know when I went to the NARA site and was going to request my husband's service record for him, it led me to the DD-214, which we have. I know none of my husband's TDY's are listed on it, it would have been the size of a book if they had. Too bad my uncle wasn't married to his current wife while he was in the Navy, she is a packrat, that is how I got a copy of my grandfather's Army dischard and his death certificate after my grandmother died.

Also, I seen if you had hypertension prior to being diagnosed with DMII they will deny the claim. I am trying to see if he can get compensation for the DMII and his heart (he had to have by-pass surgery), I don't know if he had blood pressure problems before or after being diagnosed with DMII.

So my questions are:

Is the deadline from AO exposure to being diagnosed with DMII and what is it?

How could he prove (besides his word) that he was boots on the ground in Vietnam? I doubt they cut TDY orders for it, so no paper trail.

This would be a lot easier if there was a link to the Jet Fuel and these conditions. He told me he use to get doused with it all the time. (He was a jet mechanic). He hasn't had any of the conditions that I have seen discussed (at least not that I know of) in regards to jet fuel.

Share this post


Link to post
Share on other sites

Recommended Posts

If you were in RVN and you have DMII then there is no deadline. The VA assumes your DMII is service-connected if you were exposed to AO. If the hypertention was diagnosed before the DMII it may be the DMII was there but was misdiagnosed. If medical records show high fasting glucose readings then that could be evidence of DMII.

Share this post


Link to post
Share on other sites

John,

Thanks for the info. I will pass it on to my uncle. I tried calling him, but he is playing bachelor this week. His wife is up in Michigan, she just became a grandma again.

I know he is having problems with his feet and the doctor prescribed diabetic shoes for him. I am assuming he is developing PN.

He probably thinks I am nuts bringing this up to him, but he served his country and deserves just as much respect as anyone else who has served and if you got exposed to something while serving, your country should help out.

Share this post


Link to post
Share on other sites

EOD

Severe PN can led to foot amputations so this is no joke.

Share this post


Link to post
Share on other sites
EOD

Severe PN can led to foot amputations so this is no joke.

Believe me, I know that it can lead to amputation, that is why I am pushing the issue with him. I don't even think he ever thought about it. He joined the Navy so he wouldn't be drafted and served his country and never thought anything about it. I think he is more puzzled by his niece (me) is taking such a concern about it. When I was a little kid and he would come into port in Virginia while my dad was stationed there in the Air Force, I would never talk to him, I saw him as this huge giant!! We now joke about it. But he is my dad's baby brother, so I am concerned.

Share this post


Link to post
Share on other sites

If your uncle tied up while in Vietnam he can request the deck logs for the ship and date.

den

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

  • Ads

  • Our picks

    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Thanks
        • Like
      • 7 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines