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...

[Berta]

Good! we all need to understand how this turns out for you.

There are very few spinal bifida cases at the BVA site.I think I posted the most recent one in this thread some time ago.

I also feel that the Gov of Vietnam (their health ministry) probably has found evidence of far more disabilities in Vietnamese children of the war and adults there that might have no other etiology but for the Agent Orange.

About 20 years ago I tried to talk to a Vietnam vet's wife as to considering filing for their daughter who had Spinal Bifida.She said her husband  knew of the AO regulations but would not even consider filing a claim.

He was already completely turned off by the VA system and I don't know why.

 

 

[Andyman73]

3 hours ago, asknod said:

What level of disability are you claiming due to the Spina bifida? More precisely, what symptoms are you listing (i.e. IQ below 90, incontinence, etc.)? Seems they may take a dim view of granting anything compensable if you were able to serve in the military. Remember, the presumption of soundness attached to you unless it was annotated in the induction physical that you had spina bifida. 

From what I have gathered reading the SP ratings cases, the effects must be apparent and disabling at the Level one stage early on. If they resolve over time, the rating decreases. 

Asknod,

I think it may be some of the cause of my low back pain.  While I did fall down the stairs on day 5 of my 6 year enlistment, there was only low back pain associated with said flight down stairs...it was during my first C&P exam, held while still on active duty, that the SB was noted.  These are the first X-rays of my back to my knowledge.  As far as the ER visit after the fall, I only know of film of my knees, and even that is lost in the wind.

I did have some issues with scoliosis as a kid, and one hip registered higher than the other, but not noted during my entry exam.  I do expect them to run me through the ringer.  I have also read the the stages and symptoms of each, and will let the chips fall where they may.  But at least it will be noted that I did file a claim for the AO/SB.  For what ever may come in the future.

Berta,

When I first mentioned this to my father, he was noticeably affected by this.  And when I spoke to the VA rep at my VAMC, she said I was her first in the 15 years or so that she could recall.

I will keep you all updated.

Semper Fi.

Andy

[FormerMember]

And I take it you have obtained an IMO from a doctor that "some of the cause of my low back pain" is more likely than less likely due to the Spina Bifida from birth? And he has reviewed your c-file and all records related to the hx of your SB and is convinced you have suffered this back pain continuously from birth (i.e. chronicity)?

You see where I'm going with this. In order to even have a fighting chance, certain requirements must be met or you are just clogging the system with a useless claim. This, in turn, deprives another Veteran of a shot at his claims in a timely manner. In other words, if you file a claim that is frivolous just to see if it catches air you are technically violating the law. You claim must be well-grounded-i.e. have a chance of success from the outset and you must believe that yourself. I do not hear that note of confidence in your voice and from what I see, it appears your claim has absolutely no chance of success. I don't mean to piss on the parade route but this is dubious at best and frivolous at its worst. 

As I mentioned earlier, 38 CFR 3.814 is explicit on what and when. You are saying you entered service and were accepted as sound. Now you wish to contend you had a disability before induction and seek compensation for it. Let me put it this way. 3.814 (d) is pretty clear on the subject. If you could not even attain Level I requirements before induction, how do you hope to claim them after X number of years have passed-including a documented and self-admitted injury during your period of service? 

(d) Disability evaluations.

(1) Except as otherwise specified in this paragraph, VA will determine the level of payment as follows:

(i) Level I. The individual walks without braces or other external support as his or her primary means of mobility in the community, has no sensory or motor impairment of the upper extremities, has an IQ of 90 or higher, and is continent of urine and feces without the use of medication or other means to control incontinence.

(ii) Level II. Provided that none of the disabilities is severe enough to warrant payment at Level III, and the individual: walks with braces or other external support as his or her primary means of mobility in the community; or, has sensory or motor impairment of the upper extremities, but is able to grasp pen, feed self, and perform self care; or, has an IQ of at least 70 but less than 90; or, requires medication or other means to control the effects of urinary bladder impairment and no more than two times per week is unable to remain dry for at least three hours at a time during waking hours; or, requires bowel management techniques or other treatment to control the effects of bowel impairment but does not have fecal leakage severe or frequent enough to require wearing of absorbent materials at least four days a week; or, has a colostomy that does not require wearing a bag.

(iii) Level III. The individual uses a wheelchair as his or her primary means of mobility in the community; or, has sensory or motor impairment of the upper extremities severe enough to prevent grasping a pen, feeding self, and performing self care; or, has an IQ of 69 or less; or, despite the use of medication or other means to control the effects of urinary bladder impairment, at least three times per week is unable to remain dry for three hours at a time during waking hours; or, despite bowel management techniques or other treatment to control the effects of bowel impairment, has fecal leakage severe or frequent enough to require wearing of absorbent materials at least four days a week; or, regularly requires manual evacuation or digital stimulation to empty the bowel; or, has a colostomy that requires wearing a bag.

[FormerMember]

Buck asked what the youngest age a Vietnam Vet could be. Of the very last Marines guarding the US Embassy and a few AF guys down at the Tan Son Nhut Aerial Port Squadron in late April 75, taking the absolute youngest at 18-assuming their AIT consumed about six months or more, A child of a Vietnam Veteran could be as old as the 18 yr. old's deployment to RVN from CONUS plus 41 years. If he finished having kids by 35-ish (in 1992), the child could be as young as 24.  Conversely, unless you had proof otherwise, the oldest would have to have come from a career Vet who served early on in the sixties. As such, one of those children could be as old as 53 or so. Vietnam was a young man's war for the most part.  My wife added that a guy who "rewifed" at 50 for a young mail-order bride could warp the statistic and have a 12 year old kid, too.

One thing of note. I have found many Vietnam Vets hit the wall when they get to the Nehmer test. Many were in and out on TDY or en route from Thai bases to Clark in the Philippines. The only departure base to Clark was Cam Ranh Bay via a C-130 if you were heading out on a local run to Australia, Okinawa or Japan. If it was DEROS time, you split from TSN on World Airways 707 Freedom Birds directly to Hawaii or Guam via Yakota (after they shut down Tachikawa's airpatch in 71.) Some, even though they were there, cannot confirm it with paperwork to this day. I'm lucky I kept some of mine. I was all over the place. I also have had Vets I help claim to have been there but can't prove it or the records reveal they served outside the theatre in Thailand, Okinawa or the Philippines. I understand. Everybody wants to be a Vetnam Veteran but to be truthful, there aren't very many of us left. A lot of the Navy guys who sailed around in circles on Yankee Station in the So. China Sea consider themselves dyed in the wool Vietnam Veterans but the VA doesn't consider them ones for AO purposes unless you can prove you got that magic red clay on your boots. If  you want to play Nehmer Poker, you need good cards. VA is mighty picky who they let in the back room.

[Buck52]

I ask that? I don't remember?  but okay maybe there's another Buck around here?

Don't the veterans DD 214 Have there Vietnam service on it?  my did  but not all of my TDY Duty was on it and my duty in Germany is not on it

 sent off to the ARB(Army Review Board) of corrections of record DD-214 at Arlington Va.

I had my TDY RVN IN Country travel orders as they renewed them every 60 days and I had St Louis to send me records on my extended stay in glory land as it was not on my 214. but I got that record and proved my two tours over there.

Some reason or another my Mom was cleaning out my Duff-ell Bag and she came across my RVN In country travel orders and I just kept them for some reason or another.

I do remember when they flew us over there  it was ''The Fighting Tiger Airlines''...and coming home I can't remember what air it was...landed in Ft Hord California Oakland transfer station.

that's where I received my Steak Dinner and ETS out,A buddy with the Green Beret  we shopped for new clothes and went to a club had a few beers and caught the next flight home. 

there were no welcome home for us back then at the airports  but I didn't really care I had my dark tan and was alive and happy to be back on American Soil.

Buck

Edited February 5, 2016 by Buck52

[Buck52]

okay I see at the top of this post where I ask that I sure did didn't I.

Thanks Asknod for sharing this  lots of research .

Buck