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]

Thank you Treysnonna-I have not been here much this week ,wont be next week either- but my neighbor, a vet,was just looking over the site and called my attention to your questions.

 

"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?

Yes. Direct SC death due to undiagnosed/untreated DMII. It was a malpracticed condition but a Section 1151claim would not give me the Agent Orange benefits. Filed 2003, awarded 2009. Direct SC death -my most important claim.

The AO IHD death claim was filed in 2010 and awarded in 2012 under Nehmer.

"And would it have to state something like this on his death certificate?  

The DMII was not on the death certificate. My daughter insisted Dad had DMII from AO (she is a vet) 

I hated to even review the medical records again...but I had studied some Endocrinology because I also was  helping a local diabetes vet, and I realized she was right--the VA had not only malpracticed on his IHD and HBP, and CVA, but also on his diabetes. The IHD was on his death certificate and his autopsy revealed proof of all of his SC disabilities that had been malpracticed on.  I already got DIC under 1151, 1998, and this was direct SC death awards 2009, 2012, and an additional HBP 1151 death in 2015.

Whether or not a condition is listed on a death certificate, even if no autopsy was done, a good IMO doctor would seek if the VA had malpracticed on what should be a SC condition that contributed to the veteran's death.My evidence proved that since the DMII went untreated and undiagnosed, it contributed to his TIAs,CVA, And his IHD from AO.

I am only aware of the benefits as listed here in a fairly recent VA link as to children of Korea/Vietnam  veterans

"Benefits for children with birth defects

Children who have certain birth defects and are biological children of Vietnam-era Veterans with qualifying service in Vietnam or Korea may be eligible for VA compensation, health care, and vocational training. Learn more about benefits for children with birth defects."

https://www.publichealth.va.gov/exposures/agentorange/benefits/

[Andyman73]

So far, the only officially recognized medical condition of children of Male Veterans is Spina Bifida. However, if the Vet is a Woman, exposed to AO in the authorized and accepted AO zones..that list is about 18 or so ailments.

[FormerMember]

Something few Veterans realize is that a properly constructed IMO for any disease can be related back to CL claims as well as AO ones or fuel/chemical exposure to JP-4, toluene, MEK etc.. The only metric that needs to employed is a well-reasoned thesis on not just the "at least as likely as not" but also  peer-reviewed articles or the Merck Manual that attributes certain exposures to well-documented cancerous side-effects. A Veterans Law Judge is allowed great leeway in deciding an appeal. If the evidence presented by you is not rebutted by a BVA-requested IME, you will invariably win- assuming it isn't too far-fetched or involves Internet articles. 

Always remember, the VARO denies your claim 85% of the time. When you go to the BVA on appeal, VA rarely shows up to rebut any new evidence you present unless it's a CUE claim going back to the 70s-90s. You can insulate yourself against a time-alligator remand for more VARO opinions if you file a request to waive review of the new evidence in the first instance and keep it at the BVA. With the huge backlog, they are under the gun to resolve these appeals ASAP. One of my VLJ friends tells me they are required to crank out 1.25 decisions per day. That can be a remand, a grant or a denial. Obviously, if you present new and material evidence that properly and cogently encompasses the three Caluza elements, the Judge is going to grant your claim. 

I should add there are certain appeals that are too far-fetched to be believable. I've read BVA decisions where Vets tried to turn a cold annotated in their STRs 40 years ago into evidence of chronic COPD. You need a good 40-year paper trail for that to fly.

[Andyman73]

Never mind

Boy am I an idiot. I deleted my post because I was asking a question that didn't go with this thread. And I knew it would be ignored, due to hijacking...too late I realized it's my own thread! LOL!!! Oh well

Edited July 7, 2017 by Andyman73
Imma idiot