Re-filing DIC benefits application

Question:

My husband died Dec 4 2019 from Glioblastoma Multiforme  .He served in Hotel Company 27 2nd Battallion 7th Marines 66,67,68 in country, in jungles  Has two Purple Hearts actually should be three but records were lost in fall of Saigon.  I am now refiling for my DIC benefits because I did not give all the information which they require...however the Agent Orange area are checked on his record that he indeed was in AO sprayed areas.I have collected a lot of material and have until early June to refile because I asked for an extension because I have been in isolation due to high risk due to my age...No doctor will give me a letter so far stating that Phils Glio could be AO related because he didn't want the chemo and radiation because we know of two cases where they had become even more messed up as a result of the treatments...My VSO isn't giving me dates and areas he was in...I got two from vets who served in the same areas however they only served one tour and Phil was on his third when he was hurt again and they removed him from battle.

Jim's Reply:

Any veteran who served with boots on the ground in the country of Vietnam is presumed to have been exposed to agent orange. There are no further requirements to prove exposure to agent orange. Over the years the VA has developed a list of conditions that VA cedes to be associated with the exposure to agent orange. Unfortunately, the list does not include Glioblastoma. If you wish to pursue this claim as an appeal, you're facing a steep uphill climb.

VA will cede that he was exposed to agent orange since he was there. Now to win your claim/appeal you must prove that the Glioblastoma was caused by that exposure and you have to jump through a number of administrative hoops to do that and I believe you'll need a lawyer to help. Your premise that the brain cancer was caused by agent orange won't be an easy case to prove so you may want to speak to more than one of the attorneys you'll meet here https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html 

 

 


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