Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Va Links Brain Cancer To Agent Orange Exposure In Recent Court Decision

Rate this question


Tbird

Question

  • Founder

It is notoriously difficult for veterans to get their disabilities connected to their military service - even when the connection is apparent. In this unique case, the Department of Veterans Affairs was made to concede a very important connection and gave justice to a struggling widow. Read Full Story

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • Answers 21
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

People think we are paranoid for thinking the government is just waiting for us to die. It may be cynical, but it is true. If they cared they would not have stalled on so many presumptives for 40 years.

Link to comment
Share on other sites

Namtanker-I responded to your post in another topic here this AM:

"How can we get the VA to come clean and help these Nam Vets and their wives?" The BVA widow had 2 IMOs that proved her husband's brain cancer was from AO.

Of course VA wont accept that decision as support for another vet's claim.

But it shows that an IMO ,while expensive, could be the best investment a veteran can make on their claim.

I am AO widow and proved my husband had an AO condition that the VA never diagnosed or treated at all during 6 years of VA care which contributed to his death.

Nothing is impossible.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Berta, How can we the people get VA to come clean and contact all Vietnam vets alive and wivies? They knew of the problem for 40-50 year and they knew who went to vietnam! AO has been around before I was born. They could of contacted us :sad:

"Injustice anywhere is a threat to justice everywhere"

Link to comment
Share on other sites

The Project SHAD vets went through the same thing. VA still will not recognize any disability in a SHAD as directly due to SHAD.

VA had a list of SHAD vets and in that case the VA contacted them for information on their disabilities some years ago. There was not a single disability they had in common that would indicate a commonality factor.

Commonality factor -

Example

If you have 100 vets who were in Panama for example for a certain same time frame and served in units within a few miles of each other and got a very rare tropical disease that was manifested inservice then one could believe the VA might somehow decide any Panama vet who served in this locale during some specific dates will be SCed for the tropical disease and residuals and make that a presumptive SC.

I believe this was the single factor lacking in the case of SHAD vets, plus they were not united enough to attempt to hire an environmental expert independent of the VA who might have helped them prove SHAD caused their problems.

If you get anyone seated on the H VAC or S VAC (Veterans Affairs Committees) to propose an amendment to the AO presumptive list and then start to contact every Senator and Congressman/woman in the country for support there is always a possibility that VA will ask IOM to study more cancers and their potential association to AO.

Since I have been around the VA block the AO presumptive list grew from only 2 AO presumptives to quite a list now to include about 34 forms of soft tissue sarcoma cancers and Hairy cell B.

You could contact NVLSP as well (they won the Beverly Nehmer AO case)to see if they could advise more as to the future of the AO presumptive list.

I always say nothing is impossible.I recall discussing here with vets many many years ago at hadit how VA would never SC IHD to AO.

I am still stunned that they did that.

You have a list and maybe all of these vets and their families would be willing to help contact Congressmen/Women and Senators to sponsor a bill to put Brain cancers on the AO list.Blue Water Navy VVA had plenty of sponsors for BWN AO legisation but it still didnt get resolved fairly. This stuff takes a lot of time ( a disabled vet's worse enemy is time ) and plenty of research and work.

John 999 is right:

"Consider once again that the VA does not do their own research on AO. That is done by IOM when they get the grant money. I think every cancer should be presumptive for AO since AO contains dioxins. What I think does not count. If the whole presumptive process goes slowly thousands of RVN vets willl be buried without compensation. This makes many people happy."

Every cancer. He is RIGHT!

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

thanks for the information, I will go way quietly!

"Injustice anywhere is a threat to justice everywhere"

Link to comment
Share on other sites

go away quietly???????

You should fight like Hell on this issue. Start a web site specifically for your cause and that could gather more vets for your list.

Get some articles into the newspapers asking for vets to contact you who are willing to begin this fight.

Don't get me wrong- BWN got VERY far on the AO issue -and accomplished a lot --- they just did not get what they wanted-Equity for all BWN vets. They are still fighting for that.

I have fought the VA with a claim even my former rep said was Impossible!

It took 7 years for an award and almost another year to get my money and this was only one of Many battles I have had for last 17 years with VA.I mean battles. I won all of those claims.

The VA wanted me to go away quietly too.

I say Bull s--t to that!

I know this type of stuff is very difficult for any vet with disabilities.But I also know many disabled vets who have given the VA quite a ride for their money.Many of those vets are right here at hadit helping other vets.

I am sure you have accessed the STS list of AO cancers-there are about 34 of them-and in some cases brain cancer could be a metasization of an initial potential SC cancer that a vet could have overlooked in their med recs.

Also there are other possible causes of brain cancers that could possibly be linked to service as service could put someone at exposure to numerous carcinogenics as well as AO.

These claims would take strong IMOs.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use