Agent Orange DENIED MCAS EL Toro

[WomanMarine 24]

I have had heart troubles all my adult life.

Up until last year I had no idea I had Ischemic heart disease. I had a CABG in August. It failed in December when I had to have 8 stents and a week later another stent AFTER a heart attack. I filed for Agent Orange connection, as that is what I believe has caused this, and this is the comment I gleaned from MHV: 

"Per VAVBA/CO/211/AGENT ORANGE 1/9/2020:
DoD HAS NOT identified any location on El Toro Marine Corps Air Station,California, where Agent Orange was used, tested, stored, or transported. Therefore, Compensation Service can provide no evidence to support the claim."

El Toro was shut down by the EPA in 1990 because of contamination!

FAMILY HISTORY: Father died at age 56, congenital coronary artery disease. (I don't believe this to be true, as he had a stroke and I 'think' that is different)

Left Ventricle: The left ventricle was not enlarged. There are no
wall motion abnormalities. The ejection fraction is 55%. 

8/12/2019 ECHO
Conclusion:
1. Normal left ventricular systolic function. Moderate conecntric
left ventricular hypertrophy. Ejection fraction is visually
estimated at 60%. Mild hypokinesis of inferior wall.
Date of interview-based METs test: 2/6/2020
Symptoms during activity:
The METs level checked below reflects the lowest activity level at
which the Veteran reports any of the following symptoms attributable
 to a cardiac condition (check all symptoms that the Veteran reports
 at the indicated METs level of activity):

 [X] Dyspnea
 [X] Fatigue
 [X] Angina
 [X] Dizziness
 Results of interview-based METs test
 METs level on most recent interview-based METs test:

 [X] (1-3 METs) This METs level has been found to be consistent
 with activities such as eating, dressing, taking" ... ETC. 

###

So, it appears, they are not going to SC my heart because of AO. BUT they gave me a low METS ...

I am now 90% P&T will this add to the score since it is not SC?

 

 

[Berta 4,215]

I am familiar with stroke and heart disease.

Ischemic heart disease can often cause a clots to form in the brain -thus stroke.

But that is a very limited explanation- high triglycerides and high cholesterol can also contribute to stroke.

Poorly controlled HBP can also lead to stroke.

I have asked Secretary Wilkie to consider that any veteran who has AO IHD, Service connected , and then has had an Ischemic stroke, after the IHD diagnosis, to be granted secondary comp or SMC  ,in some cases for the stroke as it could   (as likely as not) have stemmed from the AO IHD.

I have a lay medical background in heart disease and stroke and DMII as well as HBP- thanks to the VAmaking me fight over those types of claims and gave the Sec. a strong medical rationale for my request.

Then again a strong IMO/IME could obtain that as well for the veteran.

Dont forget HBP Vietnam vets- you might be able to get the HBP service connected to your incountry exposure---

BVA has already awarded a few of those claims recently and I dont have time to repeat what I posted here on that already.I have a survivors accrued claim in progress on that issue as well.I intend to win it.

 

 

[WomanMarine 24]

9 minutes ago, Berta said:

BVA has already awarded a few of those claims recently and I dont have time to repeat what I posted here on that already.I have a survivors accrued claim in progress on that issue as well.I intend to win it.

 

 

Yes ma'am you did! In fact I used those case histories in my AO Statement. I gleaned this info off of my MHV Notes ... Have not received 'official' I am told it is in the mail.

[Berta 4,215]

Those cases were for incountry Vietnam Veterans as well as could apply under the new regs for Blue Water Navy vets who served within the 12 mile limit off coast of Vietnam during the war.

I just wanted to clarify that.

My deceased husband was an incountry Vietnam veteran.

His last posthumous decisions fell under the Nehmer Court Order

I hope I made that clear in my other posts here.

[WomanMarine 24]

Stick around Ms. Berta (btw that was my grannies name  ) I will be checking the mail daily!

[WomanMarine 24]

I am in touch with a former Marine by the name of Robert O'Dowd. He gave me this link to use and stated I should use Dioxin rather than AO ... as the VA is so 'sensitive' 

https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=30970003

Site History

"Former Marine Corps Air Station (MCAS) El Toro comprised approximately 4,700 acres. Commissioned in 1943, it supported the Fleet Marine Forces in the Pacific as the major west coast jet fighter facility. MCAS El Toro was placed on the National Priorities List in 1990 due to the presence of volatile organic compounds, primarily trichloroethene and tetrachloroethene, in groundwater at the base boundary and in agricultural wells located to the west of the Station. The Station was decommissioned in 1999 under the Base Realignment and Closure Act. The Installation Restoration Program (IRP), focused on 25 sites at the Base. Of the 25 sites, 16 have been closed. Post-record of decision (ROD) activities are underway at 8 of the 9 remaining sites; and a feasibility study (FS) is underway for the last site (soil at IRP Site 1). The Environmental Compliance Program, a parallel program to the IRP, covers the other locations of concern (LOCs) that include but are not limited to Resource Conservation and Recovery Act sites, oil/water separators, underground storage tanks, and aboveground storage tanks. Of the 1,022 LOCs, approximately 99% have been closed. Nine Finding of Suitability to Transfer (FOST) documents have been completed. To date, 4,402 acres have been transferred. Approximately 218 acres are being leased, and the remaining 74 acres comprise the Navy-owned portion of IRP Site 1. Land use covenants (LUCs) are in place for five sites. As part of the base closure process, a Station-wide Historical Radiological Assessment was conducted in 2000 to identify potential, likely, or known radioactive source materials or contamination. Radium-226 was identified as a chemical of potential concern because of its use as a component in luminescent paint in dials, gauges, and other equipment in aircraft. With the exception of one site, Hangar 296, all radiological sites have been closed. The Radiological Site Inspection and Final Status Survey Reports have been finalized for Hangar 296, and CDPH recently issued their radiological unrestricted release recommendation to DTSC. Fieldwork for the time-critical removal action (TCRA) at IRP Site1 (20-acre portion of the Adjacent Property) was recently completed. IRP Site 1 is an Explosive Ordnance Disposal Training Range. Property adjacent to this site was impacted with kick-outs from training activities conducted on-Station. The TCRA was performed to address potential explosive hazards that may pose a threat to human health and the environment in support of an unrestricted use designation. The Irvine Company plans to develop a portion of the Adjacent Property for residential use. The next steps for Former MCAS El Toro include completing the TCRA documentation, FS, Proposed Plan, ROD, and post-ROD activities for IRP Site 1 soils; closing out Hangar 296; completing the Deep Vadose Zone Remedial Action Completion Report for IRP Site 16; completing the Technical Memorandum, Explanation of Significant Differences, and LUC for IRP Site 3, Waste Area C1; completing a LUC for IRP Sites 1 and 2 groundwater; transferring the remaining Navy-owned property; continuing long-term monitoring/operation and maintenance at IRP Sites 1, 2, 3, 5, 16, 17, 18, 24, and AA 3; and completing five-year reviews as required."

[Berta 4,215]

You posted in two threads- please do not overlook the Superb advice that has been posted in your other thread:

https://community.hadit.com/topic/77563-agent-orange-time-bomb-went-off/#comments

 

[WomanMarine 24]

On 3/17/2020 at 7:32 AM, Berta said:

You posted in two threads- please do not overlook the Superb advice that has been posted in your other thread:

https://community.hadit.com/topic/77563-agent-orange-time-bomb-went-off/#comments

 

Thanks Berta! I do have this topic bookmarked.

Last week I received notification that they were not going to tie my Ischemic Heart Disease to AO. I will appeal with the info supplied. See you in a year or so ...

[Berta 4,215]

I regret they denied you but as I mentioned before, you need to prove they used AO where you were, inservice and that your MOS put you exactly where it was used.

That is how James Scripps (searchable here) won the very first AO CONUS claim.

I am sure the BVA link is in that thread- if not it is searchable here at hadit.

[jamescripps2 35]

The wording of a claim can sometimes determine the results. Your claim was for AO exposure. The VA chokes in the words Agent Orange. A claim for herbicide exposure is a much easier route to success. To obtain your objective, seeing that you are already at 90%, is to go for the next best and much easier to obtain award of TDIU. 

Depending on your health and situation you might consider applying for your benefits through VOC rehab. The first thing they will do is determine if you might be employable if re trained or better educated. Most probably you will get a letter from VR&E, telling you that you are not a candidate for VR&E because you are not employable for any jobs in today's job market. They will offer you the ILP program instead. (a good thing for you.). Use the VR&E letter to substantiate your TDIU claim.

[Ddsr 26]

On 6/10/2020 at 5:38 PM, jamescripps2 said:

The wording of a claim can sometimes determine the results. Your claim was for AO exposure. The VA chokes in the words Agent Orange. A claim for herbicide exposure is a much easier route to success. To obtain your objective, seeing that you are already at 90%, is to go for the next best and much easier to obtain award of TDIU. 

Depending on your health and situation you might consider applying for your benefits through VOC rehab. The first thing they will do is determine if you might be employable if re trained or better educated. Most probably you will get a letter from VR&E, telling you that you are not a candidate for VR&E because you are not employable for any jobs in today's job market. They will offer you the ILP program instead. (a good thing for you.). Use the VR&E letter to substantiate your TDIU claim.

James is right on. That VR Feasiblity Letter is great proof for IU. Get that free evaluation from Chaptor 31 VR Counselor. They will most likely deny you and in return state that in a letter. Use that letter to submit in IU claim. Good luck to you.