Can a Moderator here fix this thread?

[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.

 

Edited December 24, 2021 by Berta
added more.

[Tbird]

What do you want me to fix specifically?

[Berta]

Tbird- A new member, D Evans posted a few hours ago, some myasthenia gravis BVA awards-
but then a 2010 post popped up-next-

I just felt D Evans' post would be overlooked-
but maybe not-

I think this happens when a member might post a reply on the wrong page of the thread.

I guess there is nothing to fix- thanks anyhow!

Also, to add myastheia graves is also a "presumptive" under the Chronic disabilities , which are different from presumptive AO disabilities.

https://www.law.cornell.edu/cfr/text/38/3.309

https://www.law.cornell.edu/cfr/text/38/3.307- contains the criteria needed for 3.309 to kick in.

"(3) Chronic disease. The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section."

https://www.law.cornell.edu/cfr/text/38/3.307

 

[Tbird]

Ok thanks for the clarification