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PACT Claim - Name Specific Claimed Disability being requested for my Claim

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Kenneth Brooks

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I submitted my claim under the new PACT act 2 months ago.  They are now asking me to complete Form 21-4138 Statement in Support of Claim to name my specific claimed disability.  I submitted a claim for several diagnoses and provided my printout from my Sharp account showing that I do have all of them.  Are they now asking me to list only one specific diagnosis when I have many?  That doesn't seem right and I'm confused.  Or, do I need to provide this form for each and every diagnosis I'm claiming?  The VA said with this new PACT act that you didn't have to prove if your dianoses were caused by Agent Orange if you were in Vietnam during the specific dates and subjected to Agent Orange.  Would appreciate any suggestions as to what I should do next.  Thank you

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  • Content Curator/HadIt.com Elder

Welcome to Hadit!

In your case, I recommend you wait a day or two and see what others here say. Keep in mind you do not have to name a single disability if you are filing for multiple. I have seen vets file for 20 different disabilties in a single letter. You can file for specific disabilties, symptoms, etc..., secondary issues caused by other disabilties, plus side effects of medications used to treat your other disabilties plus even additional issues caused by those, etc... The regional offices will refer them to a C&P examiner to flesh out the specifics if they are unable to do so.

A very close family member was in Vietnam for a year and we recently filed his PACT claims for the things he is being treated. It is the usual like hypothyroidism, memory loss, depression, PTSD, acid reflux, lower intestinal disturbance, heart issues, etc..., plus any secondary issues or side effects of his meds. The VA did not ask him for specifics like they did you. They sent him to a C&P exam and then asked him to sign authorization to release medical records from his non-VA docs. I find it a bit odd that they are asking to you do something you have already done.

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Vync is very correct in his reply.  Since 1985 and 1998 I have practiced the art of overkill in filing my many successful claims and appeals.  I would list all my VA and private diagnosed disabilities on the form and let the VA raters sort it out. 

Those you know for certain covered under Agent Orange/Pact ACT you can state so on the form in capital or bold print.   Just to be sure if you have any send copies of all your medical evidence from VA, private and military you have with your claim plus additional evidence you were boots on the ground in Nam or Blue Water Navy close to the coast.  There is a long list of evidence documents to prove you were in Nam such as DD 214, unit orders, reports, combat badges and medals, payroll pink slips.  mail to you in Nam, location photos with you in them, etc.

Although you are presumptive for Agent orange i have never assumed the VARO raters will have this in my/their files or acknowledge such and sent my own above evidence with successful claims for AO.  Always worth the extra work for me.

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

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Edited by Dustoff1970
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