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Berta
It is a frustrating issue because the VA is going through past denials of thousands of BWN claims that hold a AO presumptive listed as NSC, whose ship was within the 12 mile limit ( HR 299) and the deck logs are being sent from NARA to the VA, as I understand this.
But this case and many ( thousands just like it ), is why:
The veteran claimed DMII due to AO exposure:
The veteran had active service from April 1971 to February
1973.
“FINDINGS OF FACT
1. The veteran's service on the U.S.S. Tolovana (AO-64) off
the shore of the Republic of Vietnam did not involve actual
duty or visitation in the Republic of Vietnam.
2. The veteran's Type II diabetes mellitus was not manifested
during the veteran's active military service or within one
year after service, and is not otherwise related to such
service.
3. The record contains no competent evidence indicating that
the veteran's Type II diabetes mellitus is causally related
to his active service or any incident therein, to include any
exposure to Agent Orange or other chemicals.”
ORDER
Service connection for Type II diabetes mellitus associated
with herbicide exposure is denied.
https://www.va.gov/vetapp05/files2/0509767.txt
This case is exactly what the VA is seeking- If the veteran ( whose period of service might support )that it was after May 1971, when he was on the USS Tolovana , he should be receiving a letter from VA soon, advising him of what info the VA needs. He has an AO presumptive.Hopefully the deck logs he needs is in the hands of the VA already.
The USS Tolvana is on the October VA AO ship's list- page 26 of 40 , crew went ashore Phu Quoc, Vietnam May 1971.
Also there has been an incredible push from Vet orgs and others to get the 3 presumptives former Secretary Shulkin wanted, on the presumptive list.
And since the 2018 NAS report on AO found a "sufficient" association of hypertension to AO exposure, that is another factor Secretary Wilkie will consider. ( I hope he does)
I have had responses from past VA Secretarys, most every time I wrote to them, but so far Secretary Wilkie has not responded to my letter regarding not only AO HBP, but also if a veteran has been documented with SC ischemic heart disease that was awarded due to his exposure to AO in Vietnam ( or 12 mile limit) and the veteran has had an ischemic stroke, after the IHD diagnosis, the stroke should be service connected due to his exposure to AO in Vietnam ( or 12 mile limit criteria per HR 299). His office sent a copy of my letter to my VARO. It seems they held back one of my CUEs due to the letter, but I sent both CUEs to Janesville anyhow.
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