Benefits

Question:

Were Vietnam veterans on the USS Ranger, during 1962, exposed to agent orange?

Jim's Reply:

See:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/

and

https://www.va.gov/vetapp12/Files2/1212750.txt 

Question:

Hi Jim, First I like to thank you for all you do. I am a Vietnam vet with prostate cancer. I have been awarded 100% for over 10 years under watchful waiting. I was also awarded 60% for IHD at the same time. Since the award for IHD I have undergone a quintuple by-pass, defibrillator, and pace maker. I am now about to get a cow valve as they have indicated further by-passes may not go well, I would like to attempt to have the 60% increased to 100% P&T. I guess I would like to get your opinion.

Jim's Reply:

Your rating should be 100% P & T now because of the defibrillator device...the AICD. If the IHD caused the electrical malfunctions in your heart that led to the AICD, that's a 100% rating.

You need to file the claim.

Question:

Greetings. I am 90% but 100% with TDIU. I have been diagnosed with Parkinson’s. I was at Camp Lejeune in 68’ for more than 30 days. Is it worth my while to file for my Parkinson’s with the VA? Will I damage my current status if I do?

Jim's Reply:

Yes, you should go ahead and file the claim for Parkinson's Disease as associated with contaminated water at Lejeune. 

Since I don't know the specific ratings that brought you to your 100% TDIU I'm not sure of how this might affect current ratings other than to say they won't be reduced. Your ratings could remain as they are or you could experience a change from the TDIU status to a 100% schedular rating. 

Filing the claim now may also help protect you in the future should your physical conditions deteriorate over time with age. The time you'll spend filing this claim will be well spent. Good luck.

Question:

Please direct me to a link for Blue Water Navy. I was on two Westpac tour in the Gulf of Tonkin '70 - '74. I never stepped foot on Vietnam Shores. I remained just off the coast for two 6-month tours. I have Non-Hodgkins Lymphoma. I was told that I may qualify for Agent Orange. If this is true how do I find out?  Thank you.

Jim's Reply:

It's likely that you are eligible for a VA disability benefit...probably 100%, Start here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/

Now...don't ask more questions, don't talk with others, file the claim. https://www.va.gov/disability/how-to-file-claim/ 

The longer you delay, the more you lose. Too many vets try to go into way too much detail when their claim is most likely to be won on the face of it. You really don't need help or representation, follow the instructions and file the claim. Good luck.

Question:

I was station in Wilkes Barre, PA at a Recruiting Station (MEPS). I was playing softball one afternoon and I was running from one base to the next one when I ran and tripled over the bag. I hurt by back during that game. I sought treatment at the Wilkes Barre General Hospital. I did not get an X-Ray and I was told that it appears to be a sprain or a pulled muscle. I was given pills to help with the pain. Because I was on Active Duty I was ask to follow up with the VA. The VA does not have records nor does the hospital. I was treated by other military clinics during some of my travels between bases but there are no treatment records. I was denied for the back condition because there was no evidence in my service records. I now need a nexus letter but I cant provide medical evidence that the injury occurred in the service. This happen around 1984 or so.

Jim's Reply:

This isn't at all unusual. The fact is that 1984 was a long time ago. You're claiming to have an injury that you can't prove happened. According to what you tell me there are no witnesses, no medical records, no records of any treatments or x-rays or anything else.

These claims are the most difficult of all to prove and from what you've told me I don't see any way to make a service connection. You'll understand that even the most open disability program can't accept only the recollections of a beneficiary, not everyone would be totally honest if that happened.

If I were you, I'd not pursue a claim based on this unproven event.

Question:

Regarding MCAS TUSTIN - H and MCAS EL TORO TCE/PCE AIR & WATER CONTAMINATION

Is DoD/DoN going to continue ignoring claims by Vietnam Era veterans for anomalies not in the original cancer listing; colon/rectal cancer, bacterial & fungal growths completely blocking nasal cavities, growths on/in both kidneys, continuing raspatory issues, complete adrenal failure/shut-down, etc? Talked with several of my doctors about submission of a NEXUS letter and as expected, no one will commit their livelihood to such an endeavor. "No one knows for any certainty what causes cancer," said my oncologist. So, what are my next steps?

Jim's Reply:

Ground and ground water contamination at Marine Corps Air Station El Toro, California and many other military bases around the world are the topic of constant discussion and debate...have been for decades. To my knowledge nobody has come up with anything close to a viable plan to clean all that up.

The superfund site program is many years and billions of dollars behind in the task and considering the way the condition the world finds itself in today, I can't see a lot of taxpayers jumping up to spend more money on projects that aren't in their back yard.

An outstanding reference is Contamination at U.S. Military Bases: Profiles and Responses and with luck this may shine a little light on the issue of how to obtain disability benefits for injuries caused by your service while stationed at a contaminated site. The point made is that to litigate the federal government or any of the contractors who may have been involved is an onerous task, one that may never be completed.

However, any veteran is allowed to apply for VA disability benefits for any reason. In this case the exposure to Trichloroethylene (TCE) is a common claim by veterans and awards of service connection aren't at all rare. TCE is a well known carcinogen so what you have to prove is that you were exposed, when you were exposed and that your cancer was probably caused by TCE.

Your doctors don't want to be involved in the disability process, they just want to practice medicine. If they open the door to filling out forms and writing letters for you and others, they'll never be able to take care of any patients. That and the fact that most doctors aren't very good at writing disability letters is reason enough to not bother with them. They're treating you and those treatment records are invaluable when you ask a disability specialist for an IMO.

If you want VA disability benefits for colon (or any) cancer that you believe was caused or contributed to by exposure to TCE at El Toro, the first thing to do is to prove you were there and that the contamination happened. Your 214 and the attached paper should do that.

Then you need an opinion from a credible physician who will state that it is more likely than not that your cancer was caused or contributed to by TCE. You submit that opinion along with your VA disability claim and it's very likely that you'll receive service connected disability benefits from VA.

To see how others win (and lose) claims for TCE exposure you can search BVA decisions here. If you'll study that search field for a minute you'll get the idea pretty quickly. Just type in things like TCE and cancer and hit the search button and you're learning about how to win your claim in seconds.

I agree with you that this shouldn't be this difficult. But it is what it is. Nothing can or will happen unless and until you follow these steps.

If you put some time into it, get that IMO from a disability specialist and do your claim submission for yourself, you should be set.

Good luck.