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Children Of Veterans

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dixipeach

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I have a group that is for ill children of veterans conceived after their parent served. I need to know which form to use to file for benefits for those illnesses (not spina bifida). We know they will probably be denied by the VA but want to have a claim in and go from there.

Which form do we use to file?

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At this link is the application for compensation for children of female Vietnam veterans who were born with birth defects.

http://www.vba.va.gov/bln/21/Topics/Women/Birth.htm

The spinal bifida app is there too for anyone needing it.

The regs that govern these claims are found in 38 USCS 1811-1815 ( Pub. L # 106-419 Stat.)

Also within 38 CFR 3.815 (2006).

A prior consideration of children with AML (acute myelogenous leukemia)was reviewed under Sec. Principi and this disease was never service connected.

The VBM (NVLSP)suggests that anyone interested in potential service connected birth defects in children of female Vietnam vets should email cwvv.inq@med.va.gov , or call 1-888-820-1756 or write to Children of Women Vietnam Veterans, PO box 469027,Denver, Co. 80246-9027

for more info.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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[font=Courier New]Thank you for the information but as I stated it was not spina bifida nor are these children of women veterans. We know they will be denied because none of the diseases they have are on the list. Two of them have leukemia. We just need a general form to file a claim. We know the VA sidesteps this one all the way. We just need a suggestion for a form to file. Thank you

At this link is the application for compensation for children of female Vietnam veterans who were born with birth defects.

http://www.vba.va.gov/bln/21/Topics/Women/Birth.htm

The spinal bifida app is there too for anyone needing it.

The regs that govern these claims are found in 38 USCS 1811-1815 ( Pub. L # 106-419 Stat.)

Also within 38 CFR 3.815 (2006).

A prior consideration of children with AML (acute myelogenous leukemia)was reviewed under Sec. Principi and this disease was never service connected.

The VBM (NVLSP)suggests that anyone interested in potential service connected birth defects in children of female Vietnam vets should email cwvv.inq@med.va.gov , or call 1-888-820-1756 or write to Children of Women Vietnam Veterans, PO box 469027,Denver, Co. 80246-9027

for more info.

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  • HadIt.com Elder

dixipeach,

I don't get it, why do you want to file a claim with VA if you know they're going to deny it because the claim doesn't meet the required criteria? The VA doesn't "side step" the issue. If you have a valid claim with the appropriate evidence, then the claimant will receive their due benefits. maybe I misunderstood you? Could you please clarify the situation?

Vike 17

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Guest rickb54
I have a group that is for ill children of veterans conceived after their parent served. I need to know which form to use to file for benefits for those illnesses (not spina bifida). We know they will probably be denied by the VA but want to have a claim in and go from there.

Which form do we use to file?

I believe the only condition that would qualify a veteran's ill child for benefits would be spina bifida. Since you already know this why would you waste your time, the VA's time, and then get the hopes of Parents up, just to let them down. There is no form, since there is no qualifing disease.

Why would you even considering filing such a claim?

I suggest if the children are disabled that you check with The Social Security Administration

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I am gulf war guy with a 14 year old that was born with spinal bifida. Now once upon a time they were looking at this but nothing ever came of it. I fully understand the ins and outs of coping with a disabled child but to file a claim that has no merit is kinda of crazy. After all we already have 600,000 back logged cases with much deserving vets waiting 3-5 years on their earned compensation. Don't mean to make you mad, but please don't clutter up the system any more than it already is with unjustified and unwarranted claims. Thanks

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I did not see where you excluded children of female Vietnam vets with birth defects-in your question-

but maybe what I posted will help someone else out there-

The VA awards for spinal bifida AND also birth defects as both spelled out in the specific regs.

Many vets and their families are not aware of the recent birth defect regs.

There is no form regarding any other type of childhood illness or disability due to service of a parent.

As someone suggested, disabled children are usually eligible for Social Security.

The explanation of these two regs and what the qualifying medical evidence is-

is quite extensive. I had some input into a child's spinal bifida situation -so I know how hard even those claims can be.

So even with these above conditions being service connectable in a child-anything else would be -in my opinion- impossible to gain compensation for.

If you read some of the posts you will see why the responses here might seem

a little harsh-

One vet here- it took 9 years for his SC award-it took a friend of mine 12 years- my own DIC took almost 4 years-a local vet called me last week- after 6-7 years he got an award- and it was way too low-so he has to continue to fight the VA.

Many of us here at hadit experience the paradox of having all the evidence we need for valid claims -that fulfills the 38 CFR criteria- yet deserving vets and widows here wait and wait-for years-

this is why we do not recommend filing claims that have no chance-due to VA case law and established regs-

to succeed.

If the parents of these children want to file claims for service connection-as veterans-

please tell them to come aboard here.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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