Although myasthenia graves is not directy presumptive to AO,some vets have succeeded with these claims.
I think it is an important issue because exposure to AO has probably caused many more disabilities than are on the presumpive list....such as HBP (NAS IOM report available in our AO forum)
Many of these myathenia gravis claims at the BVA have been denied right off the bat, but many also have been remanded, a in this widow' case:
"The Board finds that the evidence of record is insufficient to determine whether the Veteran served within the 12-nautical-mile territorial sea of Vietnam. On remand, additional development is necessary to make this factual determination. Further, assuming that the evidence establishes service within the 12-nautical-mile territorial sea of Vietnam, the criteria for McLendon will have been met. And as a result, the Board cannot make a fully informed decision on the issue of entitlement to service connection for the Veteran’s cause of death because no VA examiner has opined whether the Veteran’s cause of death was related to service. Remand is thus required to correct these pre-decisional duty to assist errors."
The widow, if she can prove the vetera is a Blue Water AO 12 Mile limit Navy veteran, also will need a very strong independent medical opinion, but nothing is impossible.
"pre-decisional duty to assist errors" - yeah the VA makes plenty of them and they can hold up a proper decision for Decades!
I had to fight over a major DTA error many years ago-as my so called state reps ( to inlude their state Director,) insisted in writing to me that I was wrong.
That's OK - The BVA granted the claim but acknowledged my DTA error had been mitigated by me,by supplying the evidence the proper DTA etter would have advised to do. I made quite a stink over what happened to me, and the Director was suddenly removed and the other reps who tries to convince me I was wrong, are gone, one being demoted immediately from his management position.
Make sure your spouses have your hadit password, if you die. And are up to speed on the PC ad your medical issues.
This is why many claimants need strong representation and why they sure might need a lawyer's help.
Question
Berta
https://community.hadit.com/topic/31786-myasthenia-gravis-and-agent-orange/page/4/
Although myasthenia graves is not directy presumptive to AO,some vets have succeeded with these claims.
I think it is an important issue because exposure to AO has probably caused many more disabilities than are on the presumpive list....such as HBP (NAS IOM report available in our AO forum)
Many of these myathenia gravis claims at the BVA have been denied right off the bat, but many also have been remanded, a in this widow' case:
"The Board finds that the evidence of record is insufficient to determine whether the Veteran served within the 12-nautical-mile territorial sea of Vietnam. On remand, additional development is necessary to make this factual determination. Further, assuming that the evidence establishes service within the 12-nautical-mile territorial sea of Vietnam, the criteria for McLendon will have been met. And as a result, the Board cannot make a fully informed decision on the issue of entitlement to service connection for the Veteran’s cause of death because no VA examiner has opined whether the Veteran’s cause of death was related to service. Remand is thus required to correct these pre-decisional duty to assist errors."
https://www.va.gov/vetapp20/files9/a20014193.txt
The widow, if she can prove the vetera is a Blue Water AO 12 Mile limit Navy veteran, also will need a very strong independent medical opinion, but nothing is impossible.
"pre-decisional duty to assist errors" - yeah the VA makes plenty of them and they can hold up a proper decision for Decades!
I had to fight over a major DTA error many years ago-as my so called state reps ( to inlude their state Director,) insisted in writing to me that I was wrong.
That's OK - The BVA granted the claim but acknowledged my DTA error had been mitigated by me,by supplying the evidence the proper DTA etter would have advised to do. I made quite a stink over what happened to me, and the Director was suddenly removed and the other reps who tries to convince me I was wrong, are gone, one being demoted immediately from his management position.
Make sure your spouses have your hadit password, if you die. And are up to speed on the PC ad your medical issues.
This is why many claimants need strong representation and why they sure might need a lawyer's help.
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