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Va Accepted My Evidence!

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tugger50

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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

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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

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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!

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  • 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.

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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
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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!

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  • 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.

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