1st Time VA Claim -

[MarkP]

This is my first time in this forum and new to the VA compensation arena. I hope I'm in the right place.

I want to file a claim regarding being exposed to the chemical MALATHION while in the service. I entered the service in 1981 and was discharged in 1992. I was outside the time frame for the Presumptive diseases associated with Agent Orange. MALATHION is an insecticide that was used during the Vietnam Era and is named in the Agent Orange laws that have come out in the last ten years. I was a military working dog handler and it was SOP to "dip" or bath our assigned military working dogs in this insecticide to manage ticks, etc. The disability, or disease that I think is a direct result of using this chemical is Chronic Lymphocytic Leukemia )(CLL). This type of Leukemia and all other B-Cell Cell Leukemias are mentioned in the Agent Orange laws as a result of the different chemicals used in Agent Orange and other insectides during the Vietnam Era. As you can see, my issue is that I did not serve during this time and I'm outside the "window" of this law. My intention is to file a claim that this service related chemical (MALATHION) has resulted in myself coming down with Chronic Lymphocytic Leukemia. My family has no history of this disease and once diagnosed, my oncologist asked me if I had came into contact with any "chemicals"........ Would I file a "Presumptive" claim using the Agent Orange law? I'm outside the time frame as I have stated, so I don't know if because of that fact the VA would just throw out my claim or should I use another approach? I don't want to waste time and file a solid claim. Any help would be much appreciated!

[Berta]

You are correct that B cell CLL is an AO presumptive.

But that is only if you can prove exposure to AO.

 "I was a military working dog handler"

The very first AO Thailand veteran was a military dog handler and his MOS put him on the perimeter of the Base in Thailand.

Other vets have proven their exposure to AO outside of Vietnam.

But I dont think that info will help you because of when you served.

AO was not used after 1971, per the Ranch Hand Study......

However there is some info on the net that associates CLL with exposure to malathion.

 https://healthunlocked.com/cllsupport/posts/649348/causal-link-with-pesticide-exposure-and-cll

I feel you will need to file for direct service connection due to your inservice exposure to malathion.

And I believe you will defnitely need to get and Independent Medicl Evauation/opinion from an exopert in the filed of Insecticides and/or CLL.

If you can definiitely prove your inservice exposure to malathion, and a IMO/IME doctor can give a complete medical rationale, with some article/treatises that support his/her opinion, that your CLL has no other etiology (or cause) but for your exposure to malathion,inservice,  the VA could award this claim.

It was definitely used during the Gulf War:

https://www.nap.edu/read/10628/chapter/7#100

But I have been unable to find a CLL award at the BVA due to this pesticide/insecticide.

Your oncologist might be able to prepare a strong IMO/IME for you- and I suggest reading the topic Read First befor getting an IMO here at hadit, to see what he will eed to have and also what he will need to state in the opinion.

You could give him a print off of the info in the first link I posted above, and maybe I can find something more on the net-

were you exposed to any other chemicals in service?

 

 

 

 

[Berta]

Here is the Read first IMO/IME Link:

https://community.hadit.com/forums/topic/53826-read-first-if-getting-an-imo/

 

The " as likely as not"wording is critical and he needs to rule out any other etiology but for the Pesticide/insecticide.

Farmers use this stuff too---I hope you dont have a farm work history.

 

 

[MarkP]

I was stationed at Andrews Air Force Base, Maryland which has been identified as a Super Fund Site. To my knowledge I wasn't exposed at that location except the Malathion.  In the Philippines I guarded the bomb dump and who knows what was in the bunkers. In Kunsan Air Base, South Korea there were nukes and those were guarded, but no exposure to raw material that I know of.

[Berta]

This site has some info on malathion but the study is not recent- so they might have more updated info by now-

They have a contact area:

http://npic.orst.edu/factsheets/archive/malatech.html

I wonder if maybe your doctor had a specific chemical in mind, when he mentioned chemical exposure.

I did a search for CLL and benzene exposure and found this award right away:

"ORDER:

Service connection for chronic lymphocytic leukemia (claimed as bone cancer, leukemia, and lymphoma), as due to exposed to various chemicals during service, including benzene, is granted."

https://www.va.gov/vetapp17/files4/1722511.txt

Nothing is impossible but claims like this often need a lot of research and leg work....and a strong IMO/IME

[MarkP]

Specifically, my oncologist asked me if I was exposed to Benzene. To my knowledge I have not.

[MarkP]

My oncologist is preparing the IMO/IME letter for my claim. I tried to explain the "exact wording" that the VA just needs to read ("..as likely as not") and all and they have assured me that they have done these letters in the past.I hope she gets it right and is a powerful letter. I also asked her to address the chronic fatigue syndrome that I have as well. I contribute this to the CLL.