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...

[FormerMember]

What the hey. Somebody always draws the low card and gets to be on Point. I did it for porphyria and ILP. You may draw blood. Nothing Ventured...

a

[Andyman73]

That's about the size of it.

I appreciate your candor.

Andy

[Capt.Contaminate]

Hello Andy,

I am not boots on the ground Vietnam so all of the presumptives I had to claim as direct from Fort Greely Alaska , where Jerrel and I were at and some other members on the board here. I am service connected and awaiting more C and P for the direct exposure disease claims. Without question is the fact that AO was used extensively at Fort Greely while I was there and there are links in AO category at Hadit you can view.

I am currently waiting on the official report in writing for my son and the xrays and scans. Once that happens then we are seeking another opinion.

Here is your problem. There are 3 types of Spina Bifada.

No 1, is the mildest and VA does not or has not paid on this one nor service connected on it.

No 2 and No 3. are the more serious categories and VA will and can service connect and award benefits to the Child as well as medical.

I have already been over this with my lawyer and now am going to get a second opinion on whether it is No 1 or No 2.

Another important fact is Spina Bifida diagnosis in the child can mean very important evidence to the Veteran as show proof that he was exposed to Agent Orange/Dioxins. There should be a medical opinion from a doctor and it will be very difficult to refute this for the Veteran expecially at BVA or CAVC. Hence the question that arises for the VA in favor of the Veteran/Child is, If the Child has Spina Bifada and has a medical IMO supporting that Agent Orange as least as likely as not was the cause of iSpina Bifada in the Veterans Child, then how can VA deny exposure to Agent Orange in the Childs Veteran Parent???

I will try and post more as I work thru the evidentiary process and examinations and nexus process and will post more so that it will help you and other Veterans and their Children.

This is a new problem that has not been discussed a whole lot because it is more rare than some think and it affects the child and most all claims are only on the Veteran . But thank you for your post and wish you well in your trek down the Spina Bifida trail. Remember to get a second opinion and I would look to Dr. Bash , who is well versed in this one. As always the Veteran must remember to Never Give UP. C.C.

Edited February 15, 2016 by Capt.Contaminate

[Andyman73]

Capt. Contaminate,

I appreciate you taking the time to write.  I'm going down this narrow and winding trail on my own.  Dad provided a copy of his DD214, showing his Nam service and medals and dates of in-country B O G.  He recently went through the AO physical exam process.  They found no current ailments that they were willing to attribute to his 3 known documented exposures.  I guess hypertension isn't one of them.

Many moons ago, when I first noticed that the radiology reports from the VA showed the spina bifida S-1, I asked them about it.  They told me that since it was born with it, they don't do anything with or for it.  No questions asked about my parents if they served, or where. 

When I was going through a sports physical, at age 9, doc noticed my hips were not evenly aligned, x-rays showed scoliosis.  That was the end of it.  My folks were not the doctoring type.  For example, 5 years later I broke my foot, but had to walk to school the next day, so the school nurse could call home and say that I need to get my obviously swollen foot checked out.

I fully expect to be denied, since that has been my overall experience.  I know that the level one symptoms breakdown does say that a sufferer doesn't have to be symptomatic to qualify for Level I.  It goes right along with most other ailments that get denied on a daily basis, if you aren't obviously effected by your disability, then it must not be much of anything, so either low-ball or denial.

None-the-less, it will only be hurting me if I don't try.  And if there ever is a change where 2nd gen kids(grandkids of exposed Vets) gain any standing, I want my place established.

Thanks again.

Andyman

Semper Fi.

[Capt.Contaminate]

Hello All,

 

This is such a unique subject and one that is extremely rare because of children of Vietnam era Veterans. We have lots of great research from Asknod and Berta which is so helpful. Well here goes . According to the VA Spina Bifida is acknowledged for Vietnam boots on the ground Veterans whose child or children are diagnosed with it. There are several points I do want to address.

1. The VA says that it is a presumptive so that applies for incountry Vietnam veterans and can be filed on the presumptive basis.

However,,,,,,, should the Veteran be agent orange exposure , outside of the Presumptive guidelines meaning outside of Vietnam. Then the Veteran must prove his exposure thru Medical Evidence, Scientific and Environmental research and monitoring where it is proven that the base or installation had stored and used AO. We all are aware of AO use in other areas outside of Vietnam. (PLEASE see my post stored here of AO bases in United States and Alaska). This has to be supported by a good solid medical IMO/IME. This means that the claim must be filed as a direct claim and not a presumptive to meet the guidelines and to propel the claim further and onto decision phase or even BVA or even further to CAVC federal level.

 

2. Spina Bifida Occulta is the least and most common found. There are 3 grade levels of it. This is where it gets very trickey even discouraging . Because if the Grade 1 Occulta progresses to grade to II or III then the VA will and can award this to the child. I am currently putting together my claim for my son who was recently diagnosed with SB. I have just received the disks/cds for the MRI, Cat scans and the doctors initial diagnosis. There is no question that it is a cause for alarm and treatment is very limited and requires surgery according to the severity of it. It will get worse.

So I recommend getting a second opinion and that one could show level II or III and then the claim is valid and the VA should not be able to list it as denied because of non probative or any other excuse. I am going to have to do research and find out how to get my hands on BVA opinions and such. It is limited as seen by searches for BVA hearings and decisions.

3. Should the VA deny the child claim for SB , it still is valuable evidence to show that the Veteran no matter where he served was exposed to Agent Orange. This is also going to need a IMO/IME to link the disease to the Veteran and Agent Orange. It is not going to be easy but it is valuable to the Veteran because then the VA must figure out where did the childs parent get AO exposure from to cause the disease. Yes, I am thinking like everyone else . Complicated and must need solid medical opinions and probably at the least BVA but more likely CAVC rulings because of how rare this is.

As always the Veteran and in this case, the child of the Veteran must NEVER GIVE UP. Blessings , C.C.

[FormerMember]

In the course of my studying further for the Agent's exam, I spotted what I hope will not be a roadblock for you. I note that Spina Bifida Occulta is excluded from the list of spina bifida diseases. I hope it is not the diagnosis you were given. Up to last week, I had no idea they don't grant for all Spina bifida cases.

https://www.law.cornell.edu/cfr/text/38/3.814