Va Accepted My Evidence!

[tugger50]

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

[Capt.]

Hello All,

Berta and Carlie,,,, I could not agree more with the use of the Benefit of a Doubt (BOD) and what both of you have said. Asknod is on target.

I have made several post concerning the BOD and it is without question one of the Veterans most powerful laws. However it almost always is utilized in the BVA arena and very , VERY seldom even acknowledged in the RO level except to say it does not apply.

It is used by the RO to just ignore the evidence until remanded by the BVA or CAVC and the importance of it pointed out to the RO. Its like "Ohhhh you mean we do have to look at the Veterans evidence in equipoise". They know it.

I am also amazed at some veterans lack of evidence to support the BOD rule and why they think they should be awarded. It is all about evidence, that means ....buddy statements,,,,,,, Hard IMOs.......... Medical reports............. Scientific evidence............ Medical Rational....... Service records....... .

A claim is not going to be won on luck or without preparation. Even with the help of a lawyer , the Veteran has to prepare claim and make sure the table of evidence is there to be put into play. Remember , even the best lawyer cannot make it happen unless the Veteran can provide all the evidence. It is almost impossible for a Veteran to win if he or she does not get involved and hands on with their claim.

I would also like to say that taking advice here at Hadit is a team effort. Its a safety cushion to not try and Maverick a claim on methods that are not proven, but rather using the tools here of other Veterans that have been there and done that. Its all about cutting the time off of a claim without having to live in the Remand box or even worse the AMC hole.

I also believe that if a Veteran could have these tools of advice and the GREAT Archives we have here, we would not see such a HUGE backlog. My point here is as some of you have pointed out ...the claim could have been perfected better the first time around. We have so many veterans that have gotten either bad advice or bad representation that have lost valuable time with delays not necessary. If only they had found this place or one of the folks here to help.

I think the advice here to all Veterans is to try and do it right the first time with as much evidence as possible. Connecting all the dots. Closing the loopholes as best as you can.

If Carlie, Berta, John , Asknod, Kelly have pointed out, they all have been thru the process and each one including myself is saying the same thing. We all are hoping that another Veteran does not have to go thru what we have.

Tugger, I hope you can hang in there and to tell us soon a success story.

As always evidence is necessary to win coupled with an attitude of NEVER GIVE UP. God Bless, C.C.

Edited January 9, 2013 by Capt.Contaminate

[john999]

If Tugger's DD214 has "Served in Vietnam" on it then I think he will win his AO claim. My AO journey started about 14 years ago and I was really shocked when the AO exam showed I had problems. I am not shocked any more. The most important disease to get SC'ed for if you have it is DMII. It can lead to many other problems including heart problems,kidney, Liver and PN.

[Capt.]

Hello John.... You would think the VARO would see that. Just more to put into the backlog.

Oh yes....John...... HAPPY BIRTHDAY.... NEVER GIVE UP . God Bless, C.C.

[john999]

Thanks Captain. I am 63 and feel it every morning when I finally wake up and try and get out of bed. Where are these golden years I read about? I read today in obits about a 57 year old Vietnam vet, and I could not figure out how he could be that young, but he was a Marine so maybe he was at an embassy. Two dead RVN vets in the obits today. Now I read the obits. I see people younger than me and people much older. The Addreall I took to stay awake is sort of driving me crazy as you can tell.

John

[broncovet]

Tugger, you have gotten some of the very best advice available on the Net. ASK NOD and Berta are, well thy know the VA law inside and out.

I can add only this:

While having your evidence "accepted" is certainly good, it does not necessarily mean it will be probative or compelling. That is yet to be determined. The VA may well try to "refute" your evidence with evidence of their own in conflict with yours.

Since the stakes are high, you can likely expect the VA to do just that: try to refute your evidence. Unfortunately, the Va has more resources than you do, and 600 lawyers on staff whose job it is to make your lawyer look bad and his evidence "unpersuasive".