Agent Orange time-bomb went off ...

[WomanMarine]

First off I am a Vietnam ERA vet and never served in VN nor the blue waters of VN. My AO contact came from MCAS El Toro and it hit me like a time-bomb!

Currently I am 90% P&T which mostly stems to my R knee and an injury I received in the Corps. However I have had issues that are now surfacing that are not from my knee, but I believe because of my contact with TCE. 

I was the 'first' woman flight crew capt., although I had the duties, women did not have an 'official' MOS as such. Never-the-less I came into contact with cleaning solvents for jet parts. As well it is widely known that we sprayed the flight decks with AO to get rid of vegetation.  

Hypertension was diagnosed by the VA in 1998. In 2009 I started having heart issues, and had to have a stint. And again in 2012 another stint. In late 2017 I had a heart attack and early in 2018 I had a disc go out and render me helpless causing my drop foot.

The V.A., allowed me to see an outside cardiologist, who concurred I had the heart attack and scheduled me for a stress test, which I did not pass. Subsequently, in August, I was hospitalized and had a quad-by-pass. Just this month, the by-pass failed and I had to have 8 stints placed. This last week, because of no comms between VA and public hospital (choice), I went home without meds and had another heart attack, needing one of those stints replaced. 

I have an upcoming C&P for the issues attached. I had included my heart and hypertension, due to my AO contact, who btw I was informed by a V.A. x-ray tech to check my duty stations for AO contamination ... NOT MY PRIMARY!  

Since 2018 I have to have the assistance of another person to get around. I was enrolled VR independent Living Program, who sent out an Industrial Psychologist to my home who, among other recommendations suggested I needed Aid and Attendance as well as someone to come in and help with household chores.

Since my heart is new, I have had to file a Supplemental claim to these additional claims. I opened it with 'new' evidence from my cardiologist which clearly states I have Ischemic heart disease.

Curious if folks that did not serve in VN get AO connected?

Any idea where I might fall on the SMC chart? That is so difficult to figure. I have loss of use of my left foot, as I have been told that a 'foot drop' diagnosis hold that place. I have degenerative disc disease and am just now seeing a Neurologist, my accident occurred 02/2018 and left me paralyzed for two weeks and the residual foot.

I am not sure how they would rate my heart, or if they would, as I did not serve in VN.

Thoughts?

 

Edited December 30, 2019 by WomanMarine
clarity

[GBArmy]

WomanMarine That's a bummer. Don't throw in the towel. More and more info on sites is coming out now. Keep at it. It is just going to take longer. "You don't lose until you quit trying." Keep researching. You're not going to give up now.

[Berta]

I just found an additional El Toro award:

Not AO but  TCE.

 

"CONCLUSIONS OF LAW 1. The criteria to establish service connection for prostate cancer have been met. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2018).

2. The criteria to establish service connection for a heart condition have not been met. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2018)."

The decision reveals why the heart disease was correctly denied.

The veteran was awarded SC for his prostate cancer due to this:

"Under these circumstances, the Board finds that the Veteran was not exposed to herbicide agents in service. Accordingly, the Board will not address the Veteran’s contentions related to herbicide agent exposure further."

"Prostate Cancer Nevertheless, the Veteran contends that his prostate cancer developed as a result of his exposure to toxic chemicals while stationed at MCAS El Toro between 1984 and 1987."

(The veteran had given two separate theories of entitlement- AO and then Toxic Chemicals.)

"Based on the information available, it is inconclusive whether the Veteran was exposed to contaminated groundwater at MCAS El Toro. Nevertheless, because both EPA and ATSDR data shows that TCE was detected in groundwater surrounding MCAS El Toro, the Board affords the Veteran the benefit of the doubt and finds that the Veteran was exposed to TCE during service. Accordingly, the first and second Shedden elements are met. Therefore, the fundamental factual dispute in this case is whether the Veteran’s TCE exposure caused his prostate cancer. The record contains conflicting medical opinions. Nevertheless, based on the reasons explained below, to include a new positive nexus opinion, the Board finds a medical link between the Veteran’s prostate cancer and TCE exposure in this particular case."

Quotes from https://www.va.gov/vetapp19/files11/19187642.txt

VA decisions are not precedents, but they reveal  however, excellent ways that one can attain SC.

This is a superb decision and the veteran left No stone unturned.

 

 

 

Edited March 13, 2020 by Berta

[broncovet]

This means you are going to need to appeal.  Fortunately, these things are moving faster these days.  Berta did a great job showing this is winnable for you with that real world example.  

This may help demonstrate exposure to TCE:  https://www.atsdr.cdc.gov/phs/phs.asp?id=171&tid=30

You may need a buddy letter to show you handled one or more of these solvents containing TCE.  (establish an in service event).  Of course, you also need a current diagnosis and nexus.  

What your decision is saying is that TCE exposure is not documented on this base, however, it does not mean YOU were not exposed to it.  In other words, corona virus is in my state, but that does not mean "I" have corona virus.    Further, even if I came from a state that "did not" have corona virus, its possible "I could" still have the virus.  

In other words, you need to move from "general" to specific.  You need to demonstrate "you" were exposed to TCE, not the whole base.  

[broncovet]

Berta did a good job with more details of what is needed with an IMO, here:

 

[Berta]

Thanks Broncovet- for posting the link-

when my husband and I were on the Prodigy Veterans BBS in the late 1990s ,Bill Smith former BVA lawyer, our most esteemed  BBS member ,always said he felt that  at least 90 % or more of all claims could succeed.

But that involved an understanding of the regulations that control those claims, and the willingness to obtain all of the probative evidence possible.

I agree.

Vet reps are not going to do the legwork for us , we claimants need to do it.

Also some of you member the excellent vet lawyer Alex Humphrey who joined us at Prodigy BBS as well and I invited him here as soon as Hadit went on line and he joined us.

Edited March 13, 2020 by Berta
in cloud lossing access

[broncovet]

I agree about 90 percent of claims (can) succeed, but the VARO denies about 85 percent of first time claimants, so it almost always means one or more appeals.  

That 10 percent is bad discharge paper (that cant be upgraded), no in service event, and stuff like that.  You just cant fix the lack of an in service event, unless you can get buddies to verify the in service event.  Im pleased that lay evidence works for that.