Veteran/child Of Nam Vet Exposed To Ao

[Andyman73]

Well, I done gone and did it. I was at Leb. VA for C&P for knee increase. While killing time I spoke with the Enviro. Health rep. Gave her a copy of my DD-214 and my father's. Also a copy of the page of my original VA rating letter that stated spina bifida of S-1. She is excited because I am her very first Child of AO. I also spoke with the Bennies counselor, who put in my AO claim, and officially stamped it as received. I am his first as well. Guess I'm #1, huh? I pointed out to him that my proof is the VA's own X-ray and rating letter!!! He said that the regional office for this type of claim is in FL. And he's got no idea what kinda time line we're looking at, here. She was talking to the other person in the Enviro health office, about medical workups and said that I shouldn't need the same kind that a non-Vet Child of AO would need, since I'm already in the VA's system. I'm nervous and excited to see how this will play out. I hope and pray that the burden of proof has already been met, with their own X-ray, and they accept and qualify my claim.

I wonder if this will then stand as proof for secondary SCD I may be dealing with. I welcome any and all comments. My Dad, on the other hand, is not sure if he wants to put in his own AO claim. Or any of the laundry list of SC and denied SC claims. When I spoke to him, he seemed like maybe he didn't want to face this giant one more time(VA). I think I may have opened a box that has been sealed and hidden in the farthest region of his mind. Just writing this now is making me feel horrible, what kind of son am I, to release that Dog of War in his mind?

Dang...

[Buck52]

I found this in the" VA Clinicians Guide"
"Chapter 3 Sec 1."
"Under Public Law 102-204"
"VA is Authorized to provide Monetary Allowance, HealthCare and Rehabilitation to Children who are the Natural Children of Veterans  Both Men & Women, This in turn was based on a March 1996 Report by the (NAS) National Academy Science  "Entitled" Veterans & Agent Orange Update 1996 Which Noted  what is considered "Limited" 
Suggestive Evidence of an association "Suggestive" Evidence Between herbicide exposure and spina bifida in the offspring of Veterans".
If you can make any sense out of it?

...............Buck

[Andyman73]

Buck,

Very interesting, very interesting indeed, sir!  The only sense I get is that the VA will willingly chose to ignore and or deny outright, any benefit to said offspring, if they aren't somehow crippled or worse.  Which is to say any that qualify for Level I compensation will not get it.

Andy

[FormerMember]

§ 3.814 Monetary allowance under 38 U.S.C. chapter 18 for an individual suffering from spina bifida whose biological father or mother is or was a Vietnam veteran or a veteran with covered service in Korea.

(a) Monthly monetary allowance. VA will pay a monthly monetary allowance under subchapter I of 38 U.S.C. chapter 18, based upon the level of disability determined under the provisions of paragraph (d) of this section, to or for a person who VA has determined is an individual suffering from spina bifida whose biological mother or father is or was a Vietnam veteran or a veteran with covered service in Korea. Receipt of this allowance will not affect the right of the individual or any related person to receive any other benefit to which he or she may be entitled under any law administered by VA. An individual suffering from spina bifida is entitled to only one monthly allowance under this section, even if the individual's biological father and mother are or were both Vietnam veterans or veterans with covered service in Korea.

(b) [Reserved]

(c) Definitions—

(1) Vietnam veteran. For the purposes of this section, the term “Vietnam veteran” means a person who performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, without regard to the characterization of the person's service. Service in the Republic of Vietnam includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.

(2) Covered service in Korea. For the purposes of this section, the term “veteran with covered service in Korea” means a person who served in the active military, naval, or air service in or near the Korean DMZ between September 1, 1967, and August 31, 1971, and who is determined by VA, in consultation with the Department of Defense, to have been exposed to an herbicide agent during such service. Exposure to an herbicide agent will be conceded if the veteran served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

(3) Individual. For the purposes of this section, the term “individual” means a person, regardless of age or marital status, whose biological father or mother is or was a Vietnam veteran and who was conceived after the date on which the veteran first served in the Republic of Vietnam during the Vietnam era, or whose biological father or mother is or was a veteran with covered service in Korea and who was conceived after the date on which the veteran first had covered service in Korea as defined in this section. Notwithstanding the provisions of § 3.204(a)(1), VA will require the types of evidence specified in §§ 3.209 and 3.210 sufficient to establish in the judgment of the Secretary that a person is the biological son or daughter of a Vietnam veteran or a veteran with covered service in Korea.

(4) Spina bifida. For the purposes of this section, the term “spina bifida” means any form and manifestation of spina bifida except spina bifida occulta.

[Andyman73]

Thanks for posting that, for those who don't know.

[Andyman73]

Just saw on eBenefits, estimated completion of claim 3/18-8/20.  So...

[treysnonna]

Is Berta I see where you said you filed a claim after your husbands death saying.   AO  dbll contributing to death and AO ihd contouring to death.  Did you file tw different claims?  And would it have to state something like this on his death certificate?   

also something else you may be able to give some insight on.   My nephew was born in Korea.  They were close to the dmz.  He now has soft tissue carcinoma of the larynx, lung cancer, and I believe he also has liver cancer.  Would he be able to file a claim ?  And his mom has really bad diabetes ll.  

And is the any other diseases, that childern of veterans, that could be linked to AO.  My daughter has ms.  She was dignoised when she was 32.    No one in our family has it. 

Thanks for all the advice you have given everyone on the site.  We love you Berta.