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    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 ...
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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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Berta

News on 3 potential new presumptives

Question

"Several years after a scientific body recommended that the Department of Veterans Affairs consider adding four conditions — bladder cancer, hypothyroidism, hypertension and Parkinson's-like symptoms — to the list of qualifying diseases tied to Agent Orange, affected veterans may soon find out whether they are eligible for disability compensation and VA health care. During a Senate Veterans Affairs hearing March 26 on the VA budget, Dr. Richard Stone, the executive in charge of the Veterans Health Administration, said a decision on the three illnesses likely would come in the next 90 days. Read more about upcoming decision on Military.com."

https://www.military.com/military-report/va-announce-decision-new-agent-orange-presumptive-conditions.html

 

( the Hypertension may or may not become presumptive at all. The three disabilities above might well become presumptive.

This is still all up in the air until Secretary Wilkie makes a decision.

Now is the time, if you have any of the three disabilities above, and served incountry Vietnam, or can prove exposure eslewhere, to  think about gathering  your medical records, from diagnosis to current treatment records, and also, if you have been denied in the past by VA for bladder cancer, hypothyroidism, and Parkinson's like symptoms, and these appear as NSC ( not service connected with a NSC rating) on any past VA rating sheet or decision, and if Nehmer kicks in with Footnote One, ( I hope it will but that has not been determined yet) , then those records you took the time to gather,would help you get the best EED if the VA awards your claim, under the new presumptives.

If you access records from your medical record stack, it is best to make a copy of it and put the original back into the stack- or you can simply Tab anything in your medical records with a bright sticky or tab, that could be a record needed at some point for the best EED for the claim.

This news on top of the Blue Water Procopio victory ( there is another case pending as well at CAVC regarding this issue) might cause a flood of AO claims, as the 2010 regulations did.

We dont have any firm info yet on the 3 proposed presumptives. The HBP is explained in the Military.com link.

I still feel any vet with an ischemic stroke, who also had AO Ischemic heart disease granted under 2010 Nehmer, should be considered having a  AO presumptive, as a separate disability due to their IHD,  and I will write to the Secretary again about that. IHD can led to ischemia of brain. That is an established medical fact.Then again so can HBP.

Stroke was one of the other disabilities that NAM (formerly IOM) reviewed.

 

 

 

 

 

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If you have any of the 5 disabilities that are mentioned here as potential Agent Orange presumptives, regarding Agent Orange:

nationalacademies.org/hmd/Reports/2018/veterans-and-agent-orange-update-2018.aspx

and the summary is here:

https://www.nap.edu/resource/25137/111318_VAO_summary_table.pdf

And if you are willing to write to Secretary Wilkie-on why he should add any of them, or all of them to the potential AO presumptives, you can add this statement from my letter to him, if you are an incountry Vietnam veteran, or might possibly fall into any new Procopio regulations due to the Blue Water Navy Procopio decision,

and-

if you would be asking the Secretary for HBP (Hypertension) to become presumptive to AO, you can use this statement from my letter to the Secretary:

 

“On page three of the National Academies report , it states “ There is limited or suggestive evidence of an association between exposure to the chemicals of interest and the following health outcomes:

http://nationalacademies.org/hmd/Reports/2018/veterans-and-agent-orange-update-2018.aspx

 

As you know, Stroke is one of those under their list.

 

Page 3 contains this change regarding hypertension:

 

In part:

 

“There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes:

Soft-tissue sarcoma (including heart) *

Non-Hodgkin lymphoma *

Chronic lymphocytic leukemia (including hairy cell leukemia and other chronic B-cell leukemias) Hodgkin lymphoma

Chloracne and

Hypertension (category change from Limited or Suggestive in Update 2014)”
 

I feel “Sufficient evidence”,is much stronger than the 2014 report regarding AO and hypertension.”

(then I feel I made a very strong medical case for ischemic stroke to be added )

------------------------------------------------------------------------------------------------------------------

(If the VA has always deemed your hypertension as “essential” as John mentioned in the radio show, “essential” means the VA has no known cause for it, but the reports indicate there is a cause in Vietnam Vietnam veterans now, due to the “sufficient evidence” of the above National Academies report. Make this point too re: "essential" if you write to the Sec about HBP as a possible AO disability.)


 


 


 


 

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Has any Vietnam Vet or Blue Water veteran here written to Secretary Wilkie- to make a strong case for why their disability ( mentioned in the most recent IOM NAM report), should become an AO Presumptive?

The strongest disability, in my opinion, is HBP, and as J basser mentioned, most veterans are deemed to have "essential hypertension, meaning they VA does not know the cause.Now they do.

The Report states:

"There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes: Soft-tissue sarcoma (including heart) * Non-Hodgkin lymphoma * Chronic lymphocytic leukemia (including hairy cell leukemia and other chronic B-cell leukemias) * Hodgkin lymphoma Chloracne Sufficient Hypertension (category change from Limited or Suggestive in Update 2014)"

HBP  category is now "Sufficient".

https://www.nap.edu/resource/25137/111318_VAO_summary_table.pdf

 

 

 

 

 

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