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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
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      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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Bigkevo44

Any Hope for My Elderly Aunt?

Question

I have an 82 year old aunt, whose husband died mysteriously after a battle with cancer and a seven year hiccup. He died from prostate cancer. The thing was, he was a veteran of the Korean War (Conflict) and was honorably discharged. However, that he died about 30 years ago. She asked if I could help her to file a claim with the VA for any benefits that she may have been entitled to as the surviving spouse of a war veteran. She is convinced that his cancer may have come from his tour in the service, especially since he died relatively young. I would appreciate any feedback on this issue regarding the direction to go in, if there is one.

 

Thanks,

 

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https://www.publichealth.va.gov/exposures/agentorange/locations/korea.asp

“Veterans who served in a unit in or near the Korean demilitarized zone (DMZ) anytime between April 1, 1968 and August 31, 1971 and who have a disease VA recognizes as associated with Agent Orange exposure are presumed to have been exposed to herbicides. These Veterans do not have to show they were exposed to Agent Orange to be eligible for disability compensation for these diseases.

VA and the Department of Defense must determine the Veteran’s unit operated in the DMZ area and the Veteran was physically there.”

 

Korean War veterans or their survivors, who served near  the DMZ within the date criteria above have continued to prove their AO claims.

Here is a recent AO award due to Prostate Cancer.

The veteran did an excellent job of proving his exposure as there was some question as to his unit in relation to the exposed DOD units.

https://www.va.gov/vetapp16/files1/1607362.txt

I have posted the units involved, available under a search here and if you search the BVA for Korea DMZ Agent Orange you will see how these claims are handled.

Was he service connected for anything in his lifetime?

 

 

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No he was never service connected for anything during his life. Is it too late to open a posthumous claim?

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No its never to late, she will need medical records for evidence and death certificate, but mostly what she will need is medical proof  of his death  if the prostate cancer killed her hubby  then she can file a claim useing the nehmer A.O. Presumption  they should service connected by his military service and medical records  dates and places  ect,,ect,,. Ms Berta is the expert on this she can help out here tremendously  

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No

but if there is no AO DMZ link I dont know what basis the claim could be filed on...but nothing is impossible.

Did he serve in Thailand or Vietnam or on any ship in the 7th fleet during the Vietnam war,and if so, when and where and what is the ship's name.

He does have a AO presumptive that caused his death so the AO would be the main focus and his SMRs and 201 personnel file might reveal much of the info  you need as to whether or not he was exposed to Agent Orange,.

Thank you for helping your Aunt.

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Thanks so much for the valuable input. I will keep you all updated.

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  • Similar Content

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    • Howdy all,

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