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Dixon and agent orange

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Jayco

Question

Filed a claim for Parkinsons', hypersensitive carotid artery requiring pacemaker, and heart attack.  Parkinson's was new.  The latter two were filed as worsening condition of my already service-connected heart disease.

Parkinsons' approved.  Heart attack rated 0.  Carotid artery deferred.  

VA letter says they believe artery problem is caused by dioxin.  Wants a letter from a doctor supporting that it is caused by dioxin and evidence supporting her claim.  According to this I found on the internet: "Dioxin is a member of the class of persistent organic pollutants which resulted from the deliberately accelerated production of 2,4,5-T, one of the components of agent orange".  Since dioxin resulted from the production of agent orange, why are they questioning?  Why isn't dioxin presumptive as part of agent orange?  Coronary artery disease is on the list of presumptive conditions due to agent orange, so why even mention dioxin?

Also, why the 0 rating on heart attack?

Any thoughts on why VA is doing what they are doing would be appreciated.

Thanks for your help.

 

 

 

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  • HadIt.com Elder

You should file a new claim for CAD coronary heart disease. It is presumptive to AO., as is Parkinson's I am assuming you are a Vietnam Veteran. 0% rating would be appropriate if you have no RESIDUAL effects from the heart attack. You would get 100% for a few months if your claim was submitted while recovering, If you do, look up the 38CFR4.104 to see if you get a minimum of 10%. If you do, and it is in your medical evidence already submitted, file a HLR claim. 

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You posted:

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VA letter says they believe artery problem is caused by dioxin.  Wants a letter from a doctor supporting that it is caused by dioxin and evidence supporting her claim.

This is good.  Now, you have a goal post, and know exactly which direction to move the ball for a win.  

I guess you can question the referee:  Why did you put the goal post THERE..it should be over here.  I doubt they will listen.  Therefore, my advice is:

1.  Check the presumptive list(s) for your periods of service and locations.  If "dioxin" is not on the presumptive lists, then you will need a nexus.  

2.  If dioxin is not on the presumptive lists, then ask your va doc if HE thinks your condition is a result of agent orange, that is during military service.  If he responds favorably, ask him to make a note of that in your medical records.  

3.  If your VA docs wont supply the nexus, then you will need a private IMO/IME to get SC...or wait, until maybe it comes on the presumptive lists in the future.  I dont recommend waiting.  

     Many Vets dont know why they were really denied, and VA is not always forthcoming with the real answers.  Be pleased you know exactly what you need to do for SC.  Now, you just need to make it happen, probably with the steps I outlined above.  

    Even tho its likely true that dioxin is the main (bad) ingredient in agent orange, dont expect VA to connect the dots, and assume its the dioxin.  There are probably other bad things in Agent Orange, besides dioxin.  

     "VA does not connect the dots".  You have to..

Edited by broncovet
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Been doing some research.  Let me run it by you.

Pacemaker was installed and paid for by the VA back in 2017.  At that time, I was Agent Orange connected for diabetes and heart.  For them to have paid for it, at least at that time they felt it fell under heart.  I am just now filing a claim.  Since it fell under heart when they paid, I filed a claim as worsening condition.

Apparently, the coronary system and carotid artery system are two different items.  One feeds the heart and the other feeds the brain.   Argent orange covers the coronary system, but not the carotid artery system.   If I understand their letter correctly, they are not going to let me file a carotid artery problem under coronary.  

So far, I cannot find any medical support for connecting agent orange to carotid sinus hypersensitivity.  In fact, there have been 2 or 3 passages where they said agent orange had nothing to do with the carotid artery.  I did find one study where dioxin was credited for plaque buildup in the carotid artery.  Workers worked in a chemical plant that made agent orange.   So, agent orange did have an effect on the individual's carotid system at least in the above study.  

I do not think there is going to be anything to support the carotid sinus problem.  Not enough studies and not enough general information.  Must be a small problem, so drew no interest.

I was exposed to dioxin and the VA says they think that is the cause of the problem.  But they want a doctor to provide a letter and scientific evidence to support his opinion.  But the doctor has got to have information in order to do that.  

I will continue to search, but I believe unless I can go an around-about-way, I am not going to find anything.

Thanks for the comments above.  They were helpful.  Any other thoughts?

Thanks, Mike

 

 

 

 

 

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Well you also need proof you were exposed to Agent Orange in service and the locations of those exposures.  If you file a claim, then use the term Agent Orange in addition to the term dioxin.

My comment not legal advice as I am not a lawyer, paralegal or VSO.

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