Can This Be One?

[Hollis]

I know some things are presumed disease caused from AO. BUT I have never seen where anyone has filed for SC for sinusitis. So is this one of the presumed by products of being exposed to AC?

[FormerMember]

All diseases for presumption of exposure are listed in 38 CFR § 3.309(e) but it leans on the precepts of 38 CFR § 3.307(a)(6) as to applicability to the individual case:

(e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of § 3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of § 3.307(d) are also satisfied.

AL amyloidosis

Chloracne or other acneform disease consistent with chloracne

Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)

Hodgkin's disease

Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina)

All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia)

Multiple myeloma

Non-Hodgkin's lymphoma

Parkinson's disease

Acute and subacute peripheral neuropathy

Porphyria cutanea tarda

Prostate cancer

Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma)

I sure don't see sinus on there but look at 38 CFR § 3.307 --(a)

(a) General. A chronic, tropical, prisoner of war related disease, or a disease associated with exposure to certain herbicide agents listed in § 3.309 will be considered to have been incurred in or aggravated by service under the circumstances outlined in this section even though there is no evidence of such disease during the period of service. No condition other than one listed in § 3.309(a) will be considered chronic.

And (6)

(6) Diseases associated with exposure to certain herbicide agents. (i) For the purposes of this section, the term “herbicide agent” means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, specifically: 2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram.

You are free to get an IMO that says chronic, compensable sinus problems are directly attributable to the magic orange fertilizer. I've seen Vets get SC for diseases that are not listed in that manner. The secret handshake and the nexus opinion(s) from the doctor(s) is the tiebreaker. Remember, if it's in equipoise, or there is no evidence from that nasty VA examiner to rebut it, you win. Fat chance. The RO will never grant but you'll get it on appeal...eventually. Fortunately for you, the VA's backlog is swirling around the drain and almost gone which would sure speed up a FDC about now.

As an aside, I came home in '72 after two tours. I quit coughing up blood by late '71 but I wasn't near any more aerial spraying by then. I had two sinus surgeries afterwards in '75 and '76. My cavities had narrowed and trapped air every time they got irritated by dust/pollen. I still get occasional migraines from it. The silver lining in the cloud is the IHO will discover it's directly related to TCDD exposure in an aerial format about 2065 and spend hundreds of thousands of dollars looking for any Vietnam Vets or their offspring who might be eligible. VA will not sleep until they make sure they give you everything that's coming to you. They're nonadversarial, too. Win-win for Vets, huh?

[Hollis]

Thanks so much for your reply. I am thinking of getting all my medical records from my private Doctor. I got to say that the only reason I go to him is to get Z pak for my sinus. This as been going on since the late seventies or early eighties. I will ask if he would do a IMO also. If anyone else has any suggestions, please add. Thanks to Had it.