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CML and Agent Orange

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Ken Gardner

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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

Edited by Tbird
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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.

 

 

 

 

 

 

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Hi Ken & all...

Like Ken, I'm in a very similar situation, having been diagnosed with CML about 9 years back.  Since then, I've been on the roller coaster of high deductible healthcare plans, researching medication coverage for tier 4 chemo meds including mfg copay with funding caps, etc.. Recently, I picked up VA Healthcare when I had to leave my semi/retired full time employment status to reduce my income enough to get VA healthcare coverage.  Sad, but true cycle of events. In parallel, I began researching the relationship of Trychloretholene (TCE), the actual mil spec PD-680 and Chronic Myeloid   Leukemia (CML) Apparently, there is a great deal of data on the topic of PD-680, TCE and Leukemia. 

I'm at the beginning stage - meeting with a VSO soon to begin the claim process.  I am also aware of the fact that I can expect an initial denial, followed by the need to appeal.  I've learned about numerous websites supporting Veterans such as Stateside Legal.com, Hadit.com, VAWatchdog.com, and others. 

All of that said, I am very interested in hearing for anyone who went through the VA Claim process with Leukemia related to "TCE". 

Thanks in advance.

With great respect,

MountainGuyz... (Bill)

 

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I served in Vietnam from July 1970 to July 1971. I was stationed in CuChi for about 7 months. I was a combat medic and service was base camp and field rotations. When in the field I was responsible for spraying some type of defoliant around the perimeter of the base camp. I am not sure if this stuff was agent orange but believe it was so I may have had indirect and direct exposure to the stuff! I was diagnosed with CML in July of 2001. Checked with VA about disability and was told CML was not on the list. I have been getting meds from VA for almost 19 years.

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