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

[harleyman]

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"

This is the SOP for initial 5103 letters (formerly known as VCAA) notification.

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 exposure.

Because you you are a Vietnam Era Veteran the VSR is required to provide you with this statement because your claimed condition is not on the presumptive list, this statement is telling you, if you have medical evidence to support your condition being due to herbicide exposure (dioxin) we will considered the evidence in the decision process.

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.

You state your carcinoma was contracted durrng service. But then later you say it was not diagnosed until 1 1/2 years after leaving Vietnam. When was your discharge from service?

Do you have a current diagnosis of this condition? I agree with jBasser, you will probably need an IMO that states the condition in service progressed, (you will have to show chronicity of treatment for the condition, a chronic condition since service either way) and a current diagnosis for service connection.

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

Sorry- I edited this as I was/am confused about when you were discharged. How long were you in the service following your return from Vietnam? And was the diagnosis 1 1/2 years after Vietnam still active duty or reserves?

Edited August 13, 2013 by harleyman

[jbasser]

You do not need to use presumptive list if the Carcinoma was diagnosed in service. It is a direct service connection.

Capish.

J

[harleyman]

For Informational Purposes:

If the Veteran checks the box on the VA 21-526 or the EZ form stating he/she was exposed to Agent Orange and he/she list their conditions without providing dates on the form, the the VSR is mandated to provide the presumptive claim information, such as this Veteran received. From his post we do not know for sure when this Veteran was discharged nor do we really know if his diagnosis was during Active Duty or following discharge. He said he was treated for the condition, however, treatment does not mean diagnosis as you well know.

Although the Veteran stated he had it during service, I question the diagnosis timeframe. I would like to know the date of discharge. It's been my experience RVN veteran's were ususally discharge right when they got home from RVN or soon there after. As a VSR/RVSR doing develpment for this veteran he would get the presumptive information, simply because he is RVN era and he is claiming cancer/carcinoma.

Skin cancer however is not a presumptive and it would be service connected directly.

That being said the RVSR will look at all conditions as being directly related to service even though they are claimed as secondary or presumptive, RVSR cannot rate anything unless direct service connection has also been addressed.

[Gastone]

toddt: Did you ever get IHD SC award?

Semper Fi

Gastone