Jim,
I need some reliable information about agent orange condemnations. I served in Bindlach-Bayreuth Germany 74-75. My mos was 63C20. I was in a heavy maintenance co with numerous repairs of 4 wheel-half tracks-jeeps-2 1/2-. There was a chopper base there and lots of 55 gal drums of numerous chemicals and jp. This place was nicknamed "the rock" because it was very high up. The place had underground airports-unexplored caves-chemical-biological stores that was never fully disclosed to the troops.
My question? A social worker at my clinic interviewed me some time ago. She told me that guys (other vets) had filed for agent orange benefits because of contamination on army hardware, wheeled vehicles, and more. She has helped other vets with their claims and was severely reprimanded by the RO in Los Angeles. She was summarily fired but got her job back. She will not discuss this matter with me any further.
Is there any truth to this? Or any way I can research agent orange contamination without viet nam duty?
Currently I completed my second C&P examination regarding appeal for service connection for HCV. I was denied in 2001 because of mal practice of the ca dept of veteran affairs in Los Angeles. Was granted NSC pension in 2005. What happens now that the RO has it's doctor reports? I also have 4 very strong CUE claims that was denied with this appeal. I have studied these va laws for years now. I am prepared to argue them and prove the board erred.
I appreciate your opinion and referrals ASAP Thank you for your service
Reply:
There have been many claims filed regarding agent orange exposure because of contamination of vehicles, caskets, the clothes of wounded or deceased veterans and so on. Recent cases that have come across my desk have involved airmen exposed to aircraft used in Operation Ranch Hand that were "dirty" years after the war ended.
To my knowledge and belief, few, if any, of those cases have been awarded.
Any agent orange exposure case may be won. Much like other cases, you must first prove beyond a reasonable doubt that the exposure occurred. To say "I'm sure I was exposed" or similar isn't enough. You must show the evidence supporting your claim.
I have yet to meet a VA or other type of social worker who understands the claims process. Those people are not trained in the intricate details of claims processing and I wish they wouldn't say anything rather than handing out unfounded opinions.
Consider that your friend can't/won't tell you her secrets, that she was fired from her job for some reason and that because of a strong union and a generous appeals process, she's back in the job...giving you useless info.
I'd estimate that maybe 1 in 1000 veterans who tries a CUE claim without a lawyer helping may prevail. The VA employs 200 to 400 lawyers who have nothing better to do than argue cases against you. To believe that you have skills equal to theirs is a fantasy. I don't pretend to play lawyer myself. I am a very good medic but when I need help I go to a doctor. When dealing with CUE, I go to a lawyer.
HCV claims are also very difficult to prove. The injection gun scandals had mostly phased out by the time you served. Beyond that you need to show a blood transfusion or similar. If you've ever had a tattoo, particulalry after your ETS, VA will point to that for sure.
Many who do prevail in HCV cases are shocked to learn they are awarded 10% or 20%...or even 0% ratings. Many who have HCV aren't disabled by it. Just having a disease doesn't equal a disability rating.
If you do earn a small rating, you also may be shocked to learn that the dollars will be less than your NSC pension.
Unless I've missed a lot about your conditions, I'd probably advise that you drop it all and live your life without worrying about cases that probably can't be won. If you have pension and health care, you're ahead of the game...many out there don't have close to that.