Vallarta Living | Veteran Affairs
|Agent Orange Presumptive List Updated|
David Lord - PVNN
April 05, 2010
They finally will be adding Parkinson's, Ischemic Heart Disease, and B-cell Leukemia, (as I reported in last week's article) to the compensated diseases list. This week I review all that a Veteran needs to know to file for compensation having been exposed to Agent Orange.
|This week I review all that a Veteran needs to know to file for compensation having been exposed to Agent Orange.|
Although these 3 new conditions are included on the presumptive list, they have not been published in the Federal Register, which prohibits them from paying compensation until published. The Veterans Administration has many tricks it plays on Veterans, like the above.
They also put time restraints that automatically take away a disability compensation, like saying you have a valid claim from exposure to Agent Orange, but since it did not manifest itself enough for both your discovery of the condition and then the report it to them within one year of your release from active service it is not eligible for compensation. You failed to report an unknown condition, therefore its your fault you have it, even though it takes them decades to allow it to be put on the presumptive list of medical conditions.
Presumption of Exposure - A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, will be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence that establishes that the veteran was not exposed to any such herbicide agent. (Note: the dates of service in Vietnam for the purpose of presumed exposure are not the same as the statutory definition of the "Vietnam Era")
Length of Exposure - There is no regulatory requirement as to how long the veteran was in Vietnam; even one day of service in country is sufficient to establish the presumption of exposure. The last date on which a veteran will be presumed to have been exposed to an herbicide agent will be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975.
Presumptive Service Connection (herbicide-related diseases) - If a veteran has one of the diseases listed in 38 C.F.R. and his/her exposure to an herbicide is either presumed, based on service in Vietnam, or otherwise proven by the evidence, the disease is presumed to be related to the in-service exposure (the regulation provides the nexus)
TYPES OF DISEASES
Coronary Artery Disease or CAD - covers a wide spectrum of symptoms and effects such as: Ischaemic or ischemic heart disease (IHD), or myocardial ischaemia, is a disease characterized by ischaemia (reduced blood supply) to the heart muscle, usually due to coronary artery disease (atherosclerosis of the coronary arteries)
Acute and Subacute Peripheral Neuropathy - A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began. (V.A. trick)
AL Amyloidosis - A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
B Cell Leukemias - Cancers which affect B cells, such as hairy cell leukemia
Chloracne (or Similar Acneform Disease) - A skin condition that occurs soon after dioxin exposure and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
Chronic Lymphocytic Leukemia - A disease that progresses slowly with increasing production of excessive numbers of white blood cells.
Diabetes Mellitus (Type 2) - A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
Hodgkin's Disease - A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
Ischemic Heart Disease - A disease characterized by a reduced supply of blood to the heart.
Multiple Myeloma - A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
Non-Hodgkin's Lymphoma - A group of cancers that affect the lymph glands and other lymphatic tissue.
Parkinson's Disease - A motor system condition with symptoms that include trembling of the limbs and face and impaired balance.
Porphyria Cutanea Tarda - A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
Prostate Cancer - Cancer of the prostate; one of the most common cancers among men.
Respiratory Cancers - Cancers of the lung, larynx, trachea, and bronchus.
Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma) - A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues
Remember a claim is always better with a Doctor's statement that simple states it is as "Likely as not" that it was incurred during Military Service.
David Lord is a V.A. accredited Veterans Service Officer living full time as a resident of Mexico. David is retired from U.S.M.C. for a gunshot wound, his unit received the Presidential Unit Citation at Khe Sanh Combat Base. He was a rifleman with the 1/26th, 5th Marine Division in 1968 during the 77 day Siege at Khe Sahn, then awarded The Purple Heart for a gunshot wound in Quang Tri Province. Today, David helps veterans and their dependants with VA benefits in Mexico. For more information, email him at david.lord(at)yahoo.com.
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