hypertension Using Va Approved Claims As Evidence

[toddt]

Received a letter from the VA regarding my claim. The letter is requesting additional evidence it starts out like this:

"We are working on your claim for service connected compensation"

One of the requested evidences reads like this:

"We may consider that your carcinoma and hypertension is associated with dioxin exposure if you send us scientific or medical evidence showing that your claimed condition is medically associated with dioxin exposures."

My particular carcinoma is not on the presumptive list. I have been able to find three VA cases where my particular carcinoma has been granted compensation for being associated with dioxin. Two of the cases were approved on appeal. The third case was approved outright. The difference between these three cases and mine is that my carcinoma was contracted during my service and was treated in a military hospital with all followups while I was in the service. In the three cases that have been approved their carcinoma was diagnosed and treated after they were separated from the service.

My question is: Do you think that I could reference the three approved claims as evidence to support my claim?

Edited August 11, 2013 by toddt

[jbasser]

What types of cases.BVA or CAVC?

Yes you can use them but what you need is an IMO from a DOC to explain the nexus.

J

[Philip Rogers]

If it happened while you were in the service and was treated while you were in the service it "is" service connected. I don't see the need to connect it to dioxin. It should be a slam dunk. Sounds like they are screwing w/you. jmo

pr

[Berta]

PR is right from what I see here too.

Do you have your SMRs and those treatments records from the inservice hospitalization and follow ups?

If so ,does VA have that evidence?

Was this letter a VCAA letter, stating IMPORTANT REPLY REQUSTED on it?

Your claim might be at such an early stage (if this is the VCAA l;etter) that they have not even looked far enough into the claim to realize you had this disability in service.

[jbasser]

Put in an ammended 21-4138 to state the following.

I am ammending the Carcinoma to include direct service connection since It incurred in service.

They are stuck on presumptive. Not a bad thing, theyre just jerking you around because they can and seem to enjoy crapping on vets.

Their favorite flavor is crappioca.

J

[toddt]

The three claims are these:

http://www.va.gov/vetapp10/files2/1012540.txt

http://www.va.gov/vetapp08/files1/0805038.txt

93 Decision Citation BVA 93-15426

I do not have all of my SMR, I do have and did submit with my claim some pages which were very specific regarding the biopsy, the findings of the biopsy and the surgery that was performed. The VA said that they were requesting my service medical records (or as they put it service treatment records).

The letter has "IMPORTANT - reply needed" underneath my name, address, etc.

This carcinoma was diagnosed in 1969, approximately one and a half years after returning from Viet Nam. Along with this disease I am also claiming IHD which is presumptive due to dioxin exposure. As jbasser suggests would it be wise to amend the claim to just be service connected. FYI, I served active duty 22 years and am a retiree.

Edited August 11, 2013 by toddt

[meghp0405]

I would do the same as Jbasser stated, submit a VA FM 21-4138 and state that it is service connected as it was diagnosed while on active duty. Again, repeating what was already said, but the VA is sincerely stuck on the word presumptive.