Arthur Salisbury

[Arthur Salisbury]

How do I submit a Comp. Claim when the VA doesn't recognize Ft. McClellan, AL as an Agent Orange site or Toxic Chemical Super Site

[broncovet]

Submit them the "normal" way.  "Presumptives" for AO or toxic chemicals is just "one way" to get Service connection, its not "the only way". 

1.  Have all 3 Caluza elements documented:  Current diagnosis, in service event, and nexus. 

2.  Maybe you were stationed "somewhere else", too, such as Vietnam, so you can get it that way. 

3.  Secondary SC, if you already are Service connected. 

4.  Apply within  a year of exit form service. 

      "The site" does not necessarily have to be AO site, nor does it have to be "on the list" of Super sites.  You just need to document an exposure to chemicals.  Did you get treatment for exposure while in service?  That should suffice. 

[Berta]

This is the VA's most recent statement on Fort McClelland:

https://www.publichealth.va.gov/exposures/fort-mcclellan/index.asp

There have been  a few CONUS awards ( maybe just 2) for Agent Orange ,  Fort Gordon is one of them whereby the veteran's MOS exposed him to AO  ( James Cripps lots of info on his claim -the first ever CONUS award- all  searchable here at hadit).

Have you googled your disabling condition to see what chemicals could have caused it?

Then can you narrow down those chemical or environmental hazards, as to proving you had been exposed to them?

Do you have copies of your SMRs and 201 Personnel file from the Military?

 

 

Edited July 23, 2020 by Berta

[Berta]

This BVA case can give you a good idea if what the  VA needs for this type of claim:

https://www.va.gov/vetapp17/files4/1719445.txt

In part:

"The Board acknowledges that the Department of Defense (DoD) list of herbicide usage outside of Vietnam lists Poole's Island at Aberdeen Proving Ground, Maryland as a site where Agent Orange was tested.  However, this was done for only one week in July 1969 approximately three and one-half years prior to the Veteran being assigned to Aberdeen Proving Ground.  Furthermore, the Veteran's military records clearly demonstrate he was assigned to Edgewood Arsenal, not Poole's Island.  Poole's Island is actually an island off the coast of Maryland.  The Veteran himself reported he was assigned to Edgewood Arsenal's "Technical Chemical Unit located in the middle of the base."  He has not stated he was ever on Poole's Island nor is there any indication in his military records that he had reason to be on Poole's Island.  Consequently, because the testing of Agent Orange was conducted years before the Veteran's service at Aberdeen Proving Ground and there is no evidence to show he was on Poole's Island during his service, the Board does not find this to be sufficient evidence to demonstrate the Veteran was factually exposed to Agent Orange during his service at Aberdeen Proving Ground.

However, the Veteran's service records clearly demonstrate that he performed his Advance Individual Training (AIT) to be a Chemical Operations Apprentice at Fort McClellan from about March to April of 1972, was then assigned to Yuma Proving Grounds, Arizona as a Decontamination Equipment Operator (54B20) from about May 1972 to November 1972 and then was assigned to Edgewood Arsenal at Aberdeen Proving Ground, Maryland from about January 1973 until his discharge in November 1973 serving as a Chemical Operations Apprentice (54A10).  See Veteran's DA 20 in his service personnel records.  "

The BVA denied his lung cancer claim but awarded his prostate cancer claim due to the chemicals he was exposed to, by virtue of his MOS.

Nothing is impossible with the VA, it just often takes LOTS of work on the claimant's part to prove their claim.

I believe the veteran had a strong IMO/IME as well-cant read the whole decision....

must shut down bad storm coming.......