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How to file for Anemia / Refractory anemia / MDS-RCMD

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freedomisntfree

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I am trying to assist my father. He is 74 years old and served two tours in Vietnam. He was awarded the purple heart and is currently 50% for PTSD. 

For years my father has had problems with anemia and in 2015 the VA doctor diagnosed him with anemia. In 2017 he was then diagnosed with Refractory anemia. Last month he was diagnosed with  MDS-RCMD and has started taking injections of Epoetin Alfa, Recombinant. Epoetin is indicated for the treatment of anemia. 

How would I go about assisting my father in filing a claim? MDS is not on the list of presumptive conditions of AO but anemia is a chronic condition. 

What would be the best way to proceed with the claim for my father?

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  • HadIt.com Elder

Freeddomisntfree, Welcome to Hadit

I may not be much help or sound to encouraging  but I'll try

Order all military Medical Records AND PRIVATE MEDICAL RECORDS AS WELL and MILITARY SERVICE RECORDS.

Request your Fathers C-FILE (Claims File)

& dig deep into it very closely. 

Find a Doctor (specialist in this field) an ask if any of your fathers symptoms can be related to the Chronic MDS,? or any condition he has S.C.

IF its not on the A.O. List of presumptive disease's it will be hard to get service connected,  so he really needs to try to find out what is or what would be a secondary condition to the chronic MDS

I have Prenecious  Anemia and had it for years, my body don't produce my B-12 that is brought into the blood stream from the instric-factor...so I have to have the B-12 Injections twice a month for the rest of my life.

However I was denied on my claim for it b/c its not on the presumption A.O. List , therefore  no S.C.  but the VAMC sends me the injections each month.

I believe the A.O. Was a big contributing factor for me to lose my instric-factor in the first place , beings the only medical known reason to lose the instric-factor in a human  is excess drinking of Alcohol  or  a Rare form of Leukemia...as to which I had neither.  but a veterans lay statment is useless to render his opinion obviously,  This has to come from a Medical professional MD/Specialist.

I can't find a Dr that will nexus it to my Vietnam Service or use the presumptive A.O. List. (Related to) or (Caused By) those two words lean heavy on the VA & Favorable to the Veteran.

About 10 years out from Vietnam (2 tours also) 69-71...I was diagnose with the Prencious  Anemia by a VA Dr. 

But I realize your father Anemia Is not the same as mine & maybe just maybe he has a chance at getting Service Connected.

  so maybe other hadit members can chime in here.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Also if you see this today  you might want to call into the Hadit Podcast Radio Show tonight at 7:00pm eastern time 6:00pm central

Here is the # 347-237-4819  After you call hit #1 and John Basser or Jerrel Cook will take your call, the guest on tonight's show will be a CCA( certified claims agent) and very experienced with helping Veterans with their claims.. His Name is John Dorle  and he will be glad to answer any of your questions   this is all free information and John will give you his phone # and email  so be sure to call in.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck has given good advice.  I will add that, it sounds like your father may be a Nehmer class Vet.  Nehmer class Vets are Vets who, generally served in Vietnam, but there are a bunch of rules (like always).  

I advise contacting NVLSP to ask them if he is a Nehmer Vet.  They should be able to tell you.  You get some special benefits as a Nehmer Class Vet, one of those is free representation by a lawyer at NVLSP on your claim.  

NVLSP Nehmer Vets:

http://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit

Their phone number is listed in the link, above.  NVLSP is the National Veterans Legal Service Program, a non profit "for Vets" organization.  I have used them to represent me.  No, Im not a Nehmer Vet, but your hubby might well be one.  

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It will be great if a NVLSP lawyer will represent your Dad (for free).  They should know what benefits he should get and can advise you.  Dont get a VSO, when you can get a lawyer for free.  That is like walking, when you can get a free airplane ticket.  

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