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Agent Orange, Lung Cancer Clarification


kluender

Question

My husband was diagnosed with Stage 1b lung cancer last week after resection of his left upper lobe. He spent one month in Vietnam sometime in the mid 1960's, but returned to the states early due to a family emergency. His DD 214 doesn't reflect the short amount of time he spent in Korea. Is my best course of action to request copies of his PCS orders to Vietnam from the NARA?

From my research the only rating code I've found close to lung cancer is 6819 - neoplasms, malignant and 6820 - neoplasms, benign. According to CFR 38, veterans approved for benefits from the presumptive list of diseases for Agent Orange, receive benefits at the 100% rate for 6 months after surgery, etc. I'm having trouble finding a rating code that covers the residuals of lung cancer so that I can estimae what his rating will be.

Will it count against him that he was an habitual smoker until about 8 years ago?

Also, is there a recent Fast Track System list for Agent Orange presumptives that includes lung cancer? Since he's in no shape to make a VA visit, I'm looking for a way to establish his claim date as soon as possible. The only Fast Track System list that I could find doesn't list lung cancer. Please help.

Thank-you

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It is a very good idea to try now to prove his service in Vietnam.

This BVA case shows the rating criteria for

lung cancer:

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1107318.txt

The deciswions reads in part:

“Under the former Diagnostic Code 6819, if there has been no local

recurrence or metastasis, the Veteran's lung cancer was to be

rated on residuals.

Effective October 6, 2006, the schedular criteria for rating

respiratory conditions was changed. See 38 C.F.R. § 4.97; see

also 71 Fed. Reg. 52,460 (dated Sept. 6, 2006). Here, the RO has

apparently evaluated the Veteran's lung disability, by analogy,

under the General Rating Formula for Restrictive Lung Disease

(Diagnostic Codes 6840 through 6845).”

I assume they would rate him under the Restrictive Lung disease criteria.

Also try JSRRC too if you need more proof of service in Vietnam:

All Branches except for Marine Corps-

US Army and Joint Services Records Research Center

7701 Telegraph Rd,Kingman Building Room 2CO8

Alexandria VA. 22315-3802

1-703-428-6801

Marines-

Go to the Marine Corps University Archive Site http://www.mcu.usmc.mil/MCRCweb/Archive/

Or contact to the Commandant of the Marine Corps

Headquarters USMC Quantico toll free 1-800-268-3710

Fax 11-703-784-5792

The Korea AO regs are here too if he possibly served in Korea under that criteria.

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