Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
mrstephens11

bicuspid heart valve, child of agent orange

Question

Hello,

Recently my father was service connected for exposure to agent orange.  I was recently diagnosed with bicuspid heart valve.  I was thinking about trying to get this service connected via agent orange, as no one in my family tree has had a bicuspid valve.

My questions are:

1. What does the VA need from my father's c-file to link me to being a child of a veteran that was exposed to agent orange?

2. I will find a private doctor to fill out the DBQ and have them say "at least as likely as not" and that they have reviewed my complete c-file, but what about medical evidence that can link the bicuspid valve to agent orange exposure in my father?  Is there a good resource for information like this?

3. Any other advise for filing a claim based on a parent's exposure to agent orange?

 

Thank you,

Stephens

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

This link explains benefits for children of Vietnam Vets who have spinal bifida:

https://www.publichealth.va.gov/exposures/agentorange/benefits/children-birth-defects.asp

This link explains benefits for children with many disabilities as listed but only if their mother served in Vietnam:

 

VA recognizes a wide range of birth defects as associated with women Veterans' service in Vietnam. These diseases are not tied to herbicides, including Agent Orange, or dioxin exposure, but rather to the birth mother's service in Vietnam.

Covered birth defects include, but are not limited to, the following conditions:

  • Achondroplasia

  • Cleft lip and cleft palate

  • Congenital heart disease

  • Congenital talipes equinovarus (clubfoot)

  • Esophageal and intestinal atresia

  • Hallerman-Streiff syndrome

  • Hip dysplasia

  • Hirschprung's disease (congenital megacolon)

  • Hydrocephalus due to aqueductal stenosis

  • Hypospadias

  • Imperforate anus

  • Neural tube defects

  • Poland syndrome

  • Pyloric stenosis

  • Syndactyly (fused digits)

  • Tracheoesophageal fistula

  • Undescended testicle

  • Williams syndrome

Conditions due to family disorders, birth-related injuries, or fetal or neonatal infirmities with well-established causes are not covered. If any of the birth defects listed above are determined to be a family disorder in a particular family, they are not covered birth defects.

VA benefits for children with covered birth defects

Children who meet the following requirements may be eligible for VA compensation, health care, and vocational training:

  • Are biological children of a woman Vietnam Veteran who served in Vietnam during the period beginning February 28, 1961 and ending on May 7, 1975

  • Were conceived after the date on which the Veteran first entered the Republic of Vietnam

  • Have a covered birth defect, which resulted in a permanent physical or mental disability

 

https://www.publichealth.va.gov/exposures/agentorange/birth-defects/children-women-vietnam-vets.asp

 

 

Share this post


Link to post
Share on other sites
  • 0

Thank you Berta.  I read those pages on the VA's site.  Aren't those the presumed items?  If the doctor thinks it's related then is there a chance I can still get it SC'd?

Share this post


Link to post
Share on other sites
  • 0

I don't think so. 

Could this possibly be a secondary to any SC you have now?

Share this post


Link to post
Share on other sites
  • 0

No.  There is nothing that would SC as a secondary.  Oh well it was worth looking into.  Thanks for the information.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines