Jim,

You have a great website, thank you for all of your advice. I have been pouring over your website and I still have a few questions. Let me explain.

First: I am a US Army veteran from ‘79 – ‘82 and was stationed in West Germany at a Pershing Nuclear Missile unit. I am trying to get myself rated as disabled as a result of my time in service. Here are my issues:

1. Flat feet: I have very flat feet (almost bell shaped arches) that cause me to have very painful muscular/bone aches on a very regular basis. I did not have the flat feet prior to my time in the service. (Is this a valid claim, in your opinion?)

2. Exposure to a known carcinogen, Trichloroethylene (TCE): During my 3-years in the army, I regularly came in contact with a cleaning solvent, TCE. This is a medically known carcinogen and has been linked to immune diseases like Parkinson’s, etc. (See the VA Appeal to Chemical Exposure which is attached). Even though I currently have no signs of an auto-immune disease, I feel as though it is just a matter of time before something shows up. (Is there any claim here?)

3. Unable to donate blood because of my overseas time: I am unable to donate my blood possibly because of me being exposed to Bovine Spongiform Encephalopathy or Mad Cow Disease by being stationed in Europe during that time. (No blood issues have resulted, just that I cannot donate blood. Is this a valid claim, in your opinion?)

Should I focus on one of my issues or try for all three?

My objective is not monetary compensation from the VA, instead I am more interested in in getting a rating with the VA so that I can classify my business as an SDVOSB (Service-Disable Veteran-Owned Small Business). Should I even mention my focus being on a rating and not $, when I go visit the VA this week?

Several months ago, I tried calling into the VA and they told me that I earned too much money and a s a result did not qualify for any VA benefits. With the economy being so bad, I have taken a HUGE hit financially and I am sure I qualify now. Any thoughts on what I have mentioned above?

Reply:

You're thinking in the right direction. You need to learn a bit about how the system works.

There are 3 requirements to be able to get an award of VA disability benefits. You must be eligible by having an honorable discharge. You must have a diagnosis of a disabling "condition". (A condition is a disease, illness or injury. To be disabling the condition must be severe enough to cause you disability that interferes with your life.)

The case you cite (BVA Citation Nr: 1009785) shows the veteran has a diagnosed condition...scleroderma. He has an expert's testimony that the condition was caused by exposure to TCE. You don't have a diagnosed disease.

You must have evidence that your disabling condition is somehow connected to your active military service. This is called the nexus...a cause and effect relationship.

You have no ill effects from exposure to TCE. Thus, you have no claim. I was exposed to TCE and many other chemicals. I have no disabling effects and I have no claim.

Not being able to donate blood may be an inconvenience if you would like to be a donor but hardly will be seen as disabling. I've been restricted from donating blood for may years because of my over-exposure to X-Radiation in my health care career. I was a donor until I was warned that for my own health and safety I should stop. So, although I gave blood regularly, that isn't a disabling condition.

Your flat feet may be service connected. They may not. Pes planus is a serious condition. I know veterans who are crippled by the condition and have had numerous corrective surgeries.

However, if you don't have any medical records from your active duty days that identify the pes planus condition, you are likely out of luck.

A condition must be service connected to be eligible for VA disability benefits. I hear from hundreds of vets who have bad backs, knees and hips. They are aging and joints are failing and they remember having a sore joint during their service 20 years ago. If there is but a single record, VA will see it as temporary and not chronic. Episodic events don't count. If a vet has a headache in service and 35 years later has a brain tumor, he may see a link but VA isn't going to.

If you have service records that describe your treatments for flat feet, you probably have a case. Even if you have something showing medical treatment within one year of discharge, you may have a case. If you don't have any such evidence, I'm sorry to tell you that you're wasting your time.