AO Hypertension award

[Berta]

As you all know the recent Agent Orange Defense Dept Bill does not include HBP.

I found another recent HBP due to AO award at the BVA- there are more, and some I already posted here-

 

"In the December 2019 examination, the examiner provided a positive nexus for the Veteran’s hypertension. In support, she explained that according to medical literature, the Veteran’s hypertension is more likely due to his exposure to herbicides during service. She cited a news article that reviewed health impacts between Agent Orange exposure and hypertension. 

 

The Board finds this opinion to have probative value. While it was somewhat conclusory as it relies on the news article, the Board notes that it is the only opinion that addresses hypertension based on herbicides exposure. As such, the Board finds the opinion to have some probative value. 

 

Moreover, the Board notes that the National Academy of Sciences (NAS) has found that there is “limited or suggestive evidence of an association between” hypertension and exposure to herbicide agents (such as Agent Orange) based on a recent statistical study. See Determinations Concerning Illnesses Discussed in National Academy of Sciences Report: Veterans and Agent Orange: Update 2012, 79 Fed. Reg. 20308 (Apr. 11, 2014); see also 38 U.S.C. § 1116 (b) (2012). The category “limited or suggestive evidence of an association” means that the “evidence suggests an association between exposure to herbicides and the outcome, but a firm conclusion is limited because chance, bias, and confounding could not be ruled out with confidence.” Id. 

 

A more recent study by NAS released on November 15, 2018, indicates that “[t]he latest in a series of congressionally mandated biennial reviews of the evidence of health problems that may be linked to exposure to Agent Orange and other herbicides used during the Vietnam War found sufficient evidence of an association for hypertension.” NATIONAL ACADEMY OF SCIENCES, Hypertension Upgraded in Latest Biennial Review of Research on Health Problems in Veterans That May Be Linked to Agent Orange Exposure During Vietnam War (Nov. 15, 2018), available at: http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=25137."

 

https://www.va.gov/vetapp20/files1/20007929.txt

 

In this case the C & P examiner gave a probative statement to award the claim. It still was denied at the RO level.

 

The veteran or their rep should have sent them the actual report-it could have been awarded at the RO level,if their RO can read.

 

I have posted a link to the National Academy Of Science Report , that many vets have used, in order for them to attain, with proof of AO exposure, a SC rating for Hypertension.

I used this same report for my HBP accrued claim, but the VA said they do not have that claim, I am used to them lying, and will need to find the time to pressure them to find it or file it all over again.

 

Due to my accrued widow status and the fact it is a Nehmer claim, the EED ( 1998) will be the same anyhow.

 

If an AO vet has "essential" hypertension or no other known cause for it, and they were exposed to AO,they should file the claim using the above most recent report that states the "sufficient" association of HBP to AO has been determined.

 

Unlike former Sec Shulkin Sec Wilkie sent my VARO a coy of my letter to him, making a strong argument why HBP should be an AO presumptive.

 

Deemed as a "sufficient association" by NAS -that is a higher level of association than many of the established presumptives have.

 

If VA has never attributed your HBP to any other cause, and you are an incountry veteran ( to inlude BWV AO vets),  they would be hard pressed to suddenly find 

some other NSC cause for the HBP,  but they might try.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited December 6, 2020 by Berta
added more

[GBArmy]

Berta You are much more versed in the legal stuff than I but IMHO, if a veteran served in Vietnam and now has htn., they should use this finding as the blueprint for their own claim. Once the BVA starts to acknowledge that the NAS decision to include htn as a presumptive, it's just a matter of time. The VA is just treading water and buying time (what else is new!) Congress passed a new law and it is in the big defense budget for the president to sign making 3 of the 4 recommended add ons by NAS to the AO presumptive list of disabilities. Htn. was left out because it was a compromise to get the other 3 in this year, but make no mistake, it is going to be added also. The veteran should get an IMO from his doc and use the citations and reasoning that is cited in this case. If Wilkie and company don't change, it will be denied, but the veteran will win out eventually with the EED (again IMHO). Congress is going to make them do it in 2021!

[Berta]

Ye, absolutely they should file the claim.

The report is here:

A0 Hypertension More info - Agent Orange - VA Disability Compensation Benefits Forums - HadIt.com Veterans

I sent them a copy of the Report cover letter and copies of the NAS findings- I think it was page 16,17, I even figured out how much they owed me, and included that from his last rating sheet, and also stated my husband's HBP was "essential", and awarded under 1151 ( but never paid) because the VA did not know what caused it . never sought a cause, gave him an inappropriate medication that was contraindicated  by another VA medication, ( meaning his HBP meds had no affect at allon his HBP, and it was a contributing factor to his death, I proved, in my case, and per the OGC Peer Review ,prepared by VACO ,for that case.

It is like BWN and AO- this stuff never makes national news, and if a vet is not using a PC and not searching for VA benefits info, AO info etc, they will never know the VA might owe them some cash.

 

 

[VietNamVet1969]

Berta, only one of your links worked for me. And in reading the letter: https://www.va.gov/vetapp20/files1/20007929.txt

I see this: 2. Entitlement to an earlier effective date for the assignment of a total rating based on individual unemployability (TDIU). A total disability rating may be granted where the schedular rating is less than 100 percent and the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.

Since I have hypertention, or HBP, I am curious that this is the only reason allowing for the Vet's disabilty determination. What do you think? I have retired so I could not claim that disorder.

[broncovet]

Vietnam Vet1969

You posted:

Quote

.....I have retired so I could not claim that disorder.

Well, no.  Being retired does not mean "you cant claim" your VA benefits.  

If you are talking about "concurrent receipt", (VA disability and retirement) then you should read this.  Generally you can get both disability and retirement, if you meet their rules:

https://themilitarywallet.com/concurrent-receipt-military-retirement-pay/

 

[Berta]

Broncovet is right-it is never too late to file a clai.

"Only the pdf I attached in November here re: the report, opened for me, but  that was the pages I used and the Cover page , for my claim."

I could not open the other links to the report either.I will try to fix that.

I do not understand your question.

You asked:

Since I have hypertention, or HBP, I am curious that this is the only reason allowing for the Vet's disabilty determination. What do you think? I have retired so I could not claim that disorder.

"In a September 2005 rating decision, the RO granted entitlement to a TDIU effective August 8, 2005. The effective date was based on the Veteran having met the schedular criteria for a TDIU as of that date based on his 70 percent rating for his PTSD; he had not been employed since 2000. Subsequent to that rating decision, the RO assigned an earlier effective date of June 1, 2004 for assignment of his 70 percent PTSD rating in a November 2011."

https://www.va.gov/vetapp20/files1/20007929.txt

The veteran;s disability determination was due to his medica evidence that awarded, in 2005, for PTSD.

That had nothing to do with his newer claim for HBP due to AO.

Although the BVA remanded his claim, they also stated:

Additionally, the Board notes that there is no negative medical opinion addressing whether the Veteran’s hypertension is related to his exposure to Agent Orange and herbicides as the 2014 examiner only addressed whether the Veteran’s hypertension was proximately due to his PTSD. As such, the competent and probative evidence warrants finding that the Veteran’s hypertension is related to his exposure to Agent Orange and herbicides while in service. Therefore, service connection for hypertension is warranted. 38 C.F.R. § 3.303.

The remand was to determine the nature of his heart disease, and if it is, in ffact ischemic heart disease, the RO must grant that claim as well.

 

[broncovet]

If I may add this here.  While I can not say this "for certain", it sounds like you are a Nehmer Vet.  ("Nehmer" is somewhat complex, but you will likely qualify if you are boots on the ground vietnam).  

Why this matters:  

     Nehmer class Vets can get help from NVLSP AT NO CHARGE to the Veteran.  https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit/

    You may be entitled to an earlier effective date.