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VA denial for two presumptive PACT ACT conditions

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Chief1997

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I’m a gulf war veteran that was exposed to particular matter during military service in southwest Asia under the new pact act. My exposure in the golf war area is acknowledged by the VA and I am considered a veteran exposed to particulate matter in the new presumptive list has melanoma and any head face or neck cancers listed as presumptive conditions. I had a melanomas and a basal cell carcinoma removed from my right and left for head’s. The melanomas removed in 2013 and the basal cell carcinoma was removed in 2009. The VA has denied me service connection for the scars associated to these two cancers their reasoning for the denial is they requested an examination with medical opinion based on toxic exposure, they do acknowledge that there’s evidence that shows participation in toxic exposure. However, the medical opinion by the examiner does not show an association between my claim disability and in-service toxic exposure. My frustration is I believe that a presumptive condition is supposed to be automatic approval, so I’m confused why they denied this claim and what should I do, when I appeal, this should I go directly to the BVA or do a supplemental appeal? I’ve been down this road before and here in Florida. It appears the supplemental appeals rarely get approved. It is if they just follow the local levels decision I have had better success at the board of veteran appeals , thoughts, ideas and recommendations are appreciated. Attached is the VA’s denial letter.

 

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Sorry, there is no "automatic approval".  However, a presumptive does help, but you still have to jump through the rest of the va hoops.  

You will likely need to file a nod; about 80 percent of claims are denied the first round, so dont feel like the lone ranger.  

Many times, if VA can not think of a good denial, they make one up.  

My example:  

I applied for hearing loss, had all 3 caluza elements of "current diagnosis of hearing loss", in service event (exposure to jet engine noise), and nexus, where my audiologist opined that it was at least as likely as not that my hearing loss was due to excessive noise while in military service.  

Good to go, right?  Wrong.  VA crafted a denial, "that it has been too long since military service".  

This is not one of the criteria, its just plain bogus.  My appeal was granted.  

Done?  Not yet.  

The VARO decided I deserved a zero percent rating.  4 years in, and I collected the amazing amount of $0.00 per month after a lengthy appeal.  All this while I was homeless and jobless.  So, I got mad.  REal mad.  

I decided I was gonna persist until I got my benefits..every cent due me.  I got help on hadit.  

Its the "VA way"..deny everyone and see who appeals.  Its VA's "homeless program".  

Someone forgot to tell VA they were supposed to have fewer homeless Vets, they think the homeless program is to make MORE  Vets homeless by delaying and denying as many as possible.  And then take as long as possible to do the appeals.  

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Sorry, there is no "automatic approval".  However, a presumptive does help, but you still have to jump through the rest of the va hoops.  

You will likely need to file a nod; about 80 percent of claims are denied the first round, so dont feel like the lone ranger.  

Many times, if VA can not think of a good denial, they make one up.  

My example:  

I applied for hearing loss, had all 3 caluza elements of "current diagnosis of hearing loss", in service event (exposure to jet engine noise), and nexus, where my audiologist opined that it was at least as likely as not that my hearing loss was due to excessive noise while in military service.  

Good to go, right?  Wrong.  VA crafted a denial, "that it has been too long since military service".  

This is not one of the criteria, its just plain bogus.  My appeal was granted.  

Done?  Not yet.  

The VARO decided I deserved a zero percent rating.  4 years in, and I collected the amazing amount of $0.00 per month after a lengthy appeal.  All this while I was homeless and jobless.  So, I got mad.  REal mad.  

I decided I was gonna persist until I got my benefits..every cent due me.  I got help on hadit.  

Its the "VA way"..deny everyone and see who appeals.  Its VA's "homeless program".  

Someone forgot to tell VA they were supposed to have fewer homeless Vets, they think the homeless program is to make MORE  Vets homeless by delaying and denying as many as possible.  And then take as long as possible to do the appeals.  

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I dont see the rating decision, and I dont know the date of it, but like the other posters said, the VA denies 75% of all claims to see if the claimant will go away, the other 25 % that they do grant, are grossly underrated. You express that you have had some success at the BVA, so you know a little bit about how the system works. You have two options, you can do a higher Level Review, (HLR) or a supplemental claim. Both preserve your original filing date. A HLR only re-argues the original claim, you have to look in the rating criteria for skin, specifically for scars to see if you meet any of the rating criteria. If you do, then you can present that in argument. The first thing that you have to consider is if the scars are on your face, the second is if they are disfiguring, if they are not disfiguring, or cause loss of motion, that may be the basis for the denial, but simply the existance of the scars, if they were large, should have gotten you a zero service connection, which of course grants no compensation.

As for a supplemental claim, that is when you get to add additional evidence. If you have to put salve on the scars and you didnt tell anyone that, its new evidence. 

The compensation system is set up to compensate a veteran who is seeking employment as compared to an 18 year old in perfect health. If you have to put medication on the scars, then thats something you need to state. 

You say you are a Combat Veteran, have you filed for PTSD or any of the secondary conditions?

 

 

 

 

 

 

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