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Vietnam Vets With Cml Is It Getting Close To Presumptive?

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TomLeo

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I received my denial last week. I have appt with my oncologist this afternoon (at VA). Have had contact with ExecDir of National CML Society, plan to work with him in finding medical experts to aid in establishing nexus for appeal. VFW Service Officer is not at all optimistic -- are any of them ever optimistic? Must be what they see all the time. Kind of like an ugly guy trying to pick up a woman at a bar -- eventually he expects rejection.

Here is the Facebook page where I have links to VA appeal docs, other info that can help anyone with CML. I desperately need to find fellow CML sufferers.

http://www.facebook....4598584147?ap=1

As an aside, the VSO was so negative about any claim I would have for my IPF (my other incurable disease -- Pulmonary Fibrosis) that he would not even take out a claim form. Flat told me that VA would say it was my smoking 25 years ago. Even my pulmonologists are not that negative. I had intended to volunteer to become a VSO, but not so sure. The negativism that becomes a part of that job worries me, with all the diseases I have I definitely do not need another negative in my life.

Please, any CML survivors or NOK, come to my website. I even have TWO children of Vietnam Vet BOTH with CML. CML is NOT a hereditary cancer!! I have a NOK who died of CML who lived in Ohio, and the VSO she spoke to would not even help her with a claim saying the VA would deny it because he lived in Ohio, a FARM state!! First VA goes to no proof of environmental links (there are plenty -- when cited on appeals they are accepted); and then they go to other possible environmental factors. Talk about having it both ways!

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My research has found information that Benzene rings in Agent Orange causes CML.  No physicians in our area have the balls to state " CML more likely than not was caused by Agent Orange Benzene rings". Monsanto sped up production of the Agent Orange which caused the benzene rings to remain. Have been fighting it for 6 years now at VA and this week finally a compensation hearing and exam to push the point. I find it strange that different forms of Leukemia are accepted but others ruled out. Simple chemistry says a blood disease is a blood disease. Blood is our life force. Common sense follows if the blood is diseased all Leukemia would be part of the damaged sequence. I firmly believe the VA is claiming ignorance based on monetary payouts only. If I can find this information so can their brilliant scientists. If anyone has like information of has won their fight please advise. I hope to prevail so other can gets the benefits they deserve.

Edited by Kaffy
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  • HadIt.com Elder

You may want to read up on this BVA Case

don't get discouraged as you read   just keep on reading the entire case.

https://www.va.gov/vetapp08/files2/0812788.txt

** Take notes of the CFR's Regulations they quoted  write them down look them up MAY APPLY TO YOUR CASE.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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On 7/14/2011 at 2:23 PM, TomLeo said:

Talk about having it both ways!

TomLeo, I was being stripped of my driver's license after my discharge because a neurologist from the Naval services reported me as unfit to operate a motor vehicle.  I went to the VA and requested treatment for my condition and was denied since I was not suffering a medical condition.  I then asked the doctor to write that up to the DMV.  He refused saying "You are suffering a serious medical condition that prevents you from safely operating a motor vehicle."  That's when I learned about Catch-22.

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vetquest now that is crazy...but knowing the VA that would be what they would say and do.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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  • HadIt.com Elder

When I talk to a veteran or family member about the VA system, at some point I say "The VA (Benefits) is NOT your friend. Do not think they are going to "help" you with your claim." The older guys, Vietnam-types usually understand and don't trust them. But the newer guys or their family members doubt. You can see it in their eyes. I then have to go into some examples similar to what happened to Vetquest to make them grasp what I mean. We know; but sometimes people have to waste a lot of time by doing it their (easy) way. Sad.

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