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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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Ken Gardner

Ken Gardner,

Question

I was diagnosed with CML over 15 years ago, when I was in my mid 50’s. I served in the Navy from1967 to 1971 and was in Viet Nam for roughly 2 1/2 years in that period.  I applied for disability related to CML and Agent Orange, when first diagnosed. The claim was denied because CML was not on the list of Agent Orange caused diseases.  Last year I filed a second claim and that was quickly denied for the same reason. For the record, there is a veteran that was granted disability benefits for exposure to Agent Orange resulting in CML. I believe that veteran served on land. Since I served in the Navy, I’m wondering if my original claim was denied based on my service was not “ land based” rather than exposure to Agent Orange  I understand now that a judge has over ruled the VA from denying benefits for Navy veterans and that the VA will not challenge that ruling. I am hoping that this will perhaps result in more discussions pert

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You are listed here as crew:

http://www.hullnumber.com/crew1.php?cm=ars-25   in 1968

Lots of the sailors there have email access,if needed for a buddy statement.

lots have email addy there

The ship's members have a Facebook page:

https://www.facebook.com/groups/46137441514/

Your best bet is to make sure the benezene factor is in the claim, as within the above BVA grant:

In February 2015, the Veteran submitted another medical opinion from a private oncologist, Dr. D.M.K., who concluded that the Veteran's exposure to Agent Orange is at least as likely as not the cause of his chronic myelogenous leukemia, as there is medical literature that supports that there is an increased risk of CML with benzene exposure and the Veteran was exposed to herbicides containing benzene in service. "

Now is the time to also claim any other potential SC disability you might have.

Do you get, or did you ever receive Social Security Disability solely for the CML?

 

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The Facebook page is for theSafeguard ARS 50. Our ships hull. Umber was ARS 25. It was decommissioned and another ARS was built to replace it. The new ones hull. Umber was 50

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Posted (edited)

Thanks- there is plenty under Google for U.S.S. Safeguard ARS 25.I only found the BVA decision above so far with  CML in it- but there are 70 under BVA  search for U.S.S. Safeguard. I only read a few -one vet claimed PTSD from when the ship took on water that killed a sailor-

In any event, the IMO/IME forum here can give you a good idea of what you need...a medical rationale that is similar to the one in the above decision, also the IMO/IME doctor should state there is no other etiology but for your exposure to AO, to cause you CML, and also the doctor could use the same evidence in the decision, and must factor in the benzene connection. He/She should bolster their opinion with any strong medical treatises or abstracts of studies that would support your claim.

A good onocologist would have stuff probably more recent than what is mention in the BVA decision above.

Since your ship anchored in Danang it is almost impossible to assume that the sailors had not been contaminated by AO. But I am not a doctor-  but  I am an expert in AO claims.

Even the mail was surely contaminated, as well as the veteran who got the mail from Danang and brought it to the ship,contaminating other sailors . My husband was in Danang 65-66- he had two AO disabilities.

Danang Harbor vets have had a heck of a time with VA so far-but many of them were not anchored right at Danang-

and the maneuvers my husband was on, brought him into the jungles, and he was soaked by AO at one point from overhead planes.

The VA AO ships list focused on 1965- the link that has your name in the roster has a 1968 date- I dont see that as a problem. Could that be someone else with the same name?

Procopio should cover you as well as the fact that the ship is on the VA AO ship's list.And maybe the recent AO bill as well- if it ever gets through Congress.

I see your main issue to be establishing the medical nexus.

We have had at least one CML vet here at hadit- and one might have been on the 1997 -2005 hadit board. searchable under CML

I found a widow claiming CML in her husband at the CAVC but the claim was remanded. Her name is Sarah Hupp as I recall and that remand changed the VCAA for all of us widows..( the Hupp provision to Pelegrino).but I do not know the outcome of the claim. Maybe I can find her lawyer and ask them.

 

The only problem I see, is that you will probably deal with some RO contracted  C & P examiners and raters who are incompetent.Half of them have no idea what CML is- even their docs- only a oncologist would understand this disability.And probably more than half of them cannot understand the nexus between CML and the other cancer AO presumptives.

Your oncologist might be willing to prepare a strong IMO for you.

 

 

 

 

 

 

Edited by Berta

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