I filed a comp claim in August 2009 on basis of prostate cancer and hairy cell leukemia which I believed to be associated with my duty while TDY 1962 to Tan Son Nhut & Don Muang while PCS at Kadena, Okinawa 1962-1963. I was denied Feb. 2011 because TDY orders were missing from my personnel file, not only for Vietnam and Thailand, but for other TDY assignments during my 8 years with U.S. Air Force. I suspect the classified nature of my Vietnam and Thailand TDYs had something to do with it, having to do with classifed RF-101 missions over Laos. However, the VA did award me a 10% rating in April 2011 for advanced cervical osteoarthritis related to a neck injury I received while working on aircraft in 1962 while at Kadena. I did file a NOD on the Feb. 2011 denial and just received a response to my NOD. The question now is whether to request a DRO or choose the Traditional Appeal Process. I'm inclined to simply select the Traditional Appeal Process because I do not believe a DRO is going to make a difference. I am also debating whether I should find a rep, perhaps from the DAV of which I am a member. I'm very familiar with the processing of disability claims from having spent over 30 years working for SSA before retiring and later spending 4 years working as a legal assistant for SSA administrative law judges. At the same time, I know a rep could help me prepare for a BVA hearing which I know could take a couple of years or longer, from what I've read. Any advice on these issues would be appreciated. I have until 12/11/11 to return the "Disagreement Resolution Election Form to the VA Regional Office handling my case. If I could find a copy of my TDY order to Tan Son Nhut, I would likely be approved because my hairy cell leukemia has been active since 2007 and I have significant residuals from the prostate cancer treatment in 2005.
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mozartplayer
I filed a comp claim in August 2009 on basis of prostate cancer and hairy cell leukemia which I believed to be associated with my duty while TDY 1962 to Tan Son Nhut & Don Muang while PCS at Kadena, Okinawa 1962-1963. I was denied Feb. 2011 because TDY orders were missing from my personnel file, not only for Vietnam and Thailand, but for other TDY assignments during my 8 years with U.S. Air Force. I suspect the classified nature of my Vietnam and Thailand TDYs had something to do with it, having to do with classifed RF-101 missions over Laos. However, the VA did award me a 10% rating in April 2011 for advanced cervical osteoarthritis related to a neck injury I received while working on aircraft in 1962 while at Kadena. I did file a NOD on the Feb. 2011 denial and just received a response to my NOD. The question now is whether to request a DRO or choose the Traditional Appeal Process. I'm inclined to simply select the Traditional Appeal Process because I do not believe a DRO is going to make a difference. I am also debating whether I should find a rep, perhaps from the DAV of which I am a member. I'm very familiar with the processing of disability claims from having spent over 30 years working for SSA before retiring and later spending 4 years working as a legal assistant for SSA administrative law judges. At the same time, I know a rep could help me prepare for a BVA hearing which I know could take a couple of years or longer, from what I've read. Any advice on these issues would be appreciated. I have until 12/11/11 to return the "Disagreement Resolution Election Form to the VA Regional Office handling my case. If I could find a copy of my TDY order to Tan Son Nhut, I would likely be approved because my hairy cell leukemia has been active since 2007 and I have significant residuals from the prostate cancer treatment in 2005.
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