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 Accepted My Evidence!

Rate this question


tugger50

Question

I am a Vietnam Blue Water Sailor. I copied the report of "Dioxin on the Carriers" and submitted it along with my claim. To my surprise they listed it as evidence in my file

.

I had a huge tumor on my prostate removed in 2006. The doctor said it had been growing for more than 20+ years. Thankfully it was non- cancerous. That to me does not mean that Agent Orange did not cause it. Prostate cancer is listed as a presumtive condition. Could it not as well have caused the Tumor?

It will be interesting to see if the report has any bearing on the adjudication of my claim for Agent Orange exposure, especially since I am not presumtive by the current standards.

I am to be scheduled for a C&P exam coming up in the near future. I have other issues as well which I hope will go my way.

Thank you to HADIT.com for all you do.

DIOXIN ON THE CARRIERS2.pdf

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

This is sad, but I think this great as far as some compensation. Even if the tumor is non cancerous. Agent Orange has cause all kind of health problems. VA will try to find away out of this?

Great Vietnam Blue Water Sailor!

"Injustice anywhere is a threat to justice everywhere"

Link to comment
Share on other sites

  • HadIt.com Elder

In theory, the VA "had" to list the report as evidence. What they don't have to do (by their rules) is give it significant weight,

I'd agree that in the absence of anything to the contrary, the VA is required to rule in a vet's favor. However, the VA's logic in this area involves considering the absence of "positive" evidence as negative, and then using it to offset existing positive evidence. Don't forget that if you hold such things as a "Combat Ribbon" (CR or now CAR), The law (in theory anyway) requires that the VA "refute" any level of positive evidence. The VA often has forgotten to factor in the "relaxation" of evidentiary requirements that apply to "combat veterans".

Individual "Blue Water" claims have been won in the past, despite the VA RO's reluctance to award them.

I believe your claim is now dependent on a C&P examiners findings, specifically that one or more of your current medical conditions is at least as likely as not related to or caused by A/O exposure.

Link to comment
Share on other sites

I have posted the full VA AO Ships list here in the AO forum, as it gets updated by the VA periodically.

Have you checked the list?

VA will concede AO exposure for any vet whose ship is on that list.

Of course,

that means nothing unless the veteran has a current documented AO presumptive disability.

Have you checked over the AO presumptives carefully?

Do you have any other disabilities that could be AO presumptive? or awarded on a direct SC basis?

Did the VA list the report as "Evidence" in a Statement of the case, denying the claim? or did they just put it into your file?

Chuck is right.

We have a wealth of Blue Water info here and please check out BlueWaterNavy.org.

I seem to think you do not have a current prostate disability based on what you said.

We have SVR radio shows here in the SVR archives with Blue Water Navy.org President , John Rossie and Carol Olzenacki, BWN advocate.

I am a civilian member of Blue Water Navy Vietnam Veterans Association.

I think you need to begin to look into all the Blue Water Navy info here and at the above web site John Rossie started years ago.

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 Berta. I am a member of both Blue Water Navy & The Blue Water sailors of the Vietnam War. (formerly VASVW).

I get lots of info off of both sites. Thats where I got the report on Dioxin on the Carriers.

My tumor removal made me ED so maybe I'll get "Loss of Creative Organ". At least i can really go potty now!

Link to comment
Share on other sites

  • HadIt.com Elder

Most of us Vietnam vets who were somehow exposed to AO and can prove it will very probably die from an AO related disease. Consider that DMII, IHD, Lung Cancer, Prostate Cancer and many other cancers are presumptive for AO the odds are that we will die from AO. All my close buddies from Nam have DMII and one is dead already. We were all healthy young men. I guess we need to tell the spouse to make sure we get the doctor to do an autopsy and consider our AO diseases as at least contributing factor in our deaths.

Also, for the guys out there with a spouse start saving for a fund for your spouse so that she/he has at least 10,000-20,000 to live on while they wait for DIC, SSA survivor benefits, insurance etc to start.

I think about this alot and I don't want my wife to be worried and in grief at the same time.

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