Franco,
I do not feel as tho my vso is representing me as good as she could what can i do?
diabetes II with complications. diagnosis by VA clinic doctor and he signed a form letter 
stating that agent orange was probable cause, served Thailand 1971 march thru 1972 may,
635Th security police sqd. c-sector (pol). Initial claim denied not in-country during 
1965/1966; appeal was submitted by [VSO omitted] VSO have not heard back for it, I called 
VA [RO omitted] and asked if they had decided my appeal and was told no still in review 
no decision as of yet. have tried to talk with vso and have no luck if i call her she is 
not in leave message will not return calls.send e-mails no luck, one-time sent Checo report 
returned e-mail asked our relationship and where did i get report, replied that info comes 
from t.king and m.oliver and you and that I had given her copies of the DVDs from ms. Oliver, 
that was awhile back and have not heard from her since. Her initial information on my appeal 
form was ONLY SERVICE IN THAILAND 71/72. that's it what kind of evidence is that? can you 
help me find a vso who will make an effort.
Thanks,
[veteran's name, address & phone no.]

[Veteran's first name,]
 
Part of the problem is that these people are not lawyers
and have minimal education/training in what they are doing
for veterans.  And, it is human nature not to show ones
weaknesses and therefore, you are the recipient of mediocre
work.
 
1)  If you stopped in Vietnam, ie, intransit, you should file
a statement, 21-4138, in support of your existing claim that
you want to be considered with the "presumption of exposure"
law provisions as well.  Do you have a travel voucher with
such an itinerary?
 
http://shop-las-vegas.com/VBA/Filing-Your-Claim.htm
 
2)  Under the "presumption provisions," they apply only to
service or visitation to Vietnam.  Exposure in Thailand would
be under "Direct Causation."  This means (more or less) that
your claim in law would be under 38 USC 1110.
 
http://shop-las-vegas.com/VBA/USAF-CHECO/Excerpt-Content.htm
 
THE ISSUE

Entitlement to service connection for diabetes mellitus
secondary to herbicide exposure. 
 
In a case that coincidentally also provides significant supportive data regarding claims 
with regard to Agent Orange and the legislative and other machinations associated therewith, 
the United States Court of Veterans Appeals (the Court) recently found that plausible 
medical evidence of the existence of a current presumptively service-connected disease with 
an open-ended presumption period is sufficient to present a well-grounded service connection 
claim as to that disease.     The case also holds that the presence of the disease would 
carry with it the presumption of nexus to service as well. See Brock v. Brown, 10 Vet. 
App. 155, 162 (1996). 
 
3)  Now that you claim has been filed and initially denied (common to Thailand claims,) you 
are waiting for your appeal hearing in the Board of Veterans Appeal (Court.)  No, the V.A. 
does not decide this review.  A judge will listen to your claim and what you have submitted 
and make a ruling either in your favor or against you.
 
4)  You should submit, at minimum, the CHECO Excerpt (8 pages) listed above link.
 
5)  No.  The official USAF CHECO Report "Base Defense in Thailand" is classified "Secret"
     and remains in the repository of the USAF at the Pentagon.  The pages that were
     declassified and released under the FOIA (Freedom of Information Act) and a request
     by MSGT Kurt Priessman, USAF (Retired) were sent to him in October, 2007.
     Declassification Date:  21 Sep 07
     I followed up on 11 Oct 07 to notify the DOD to update their DOD List with the 
     military bases in Thailand and the years the report covered from 1968 to 1972.
 
     
http://shop-las-vegas.com/VBA/USAF-CHECO/Use-of-Herbicides-in-Thailand.htm
 
FAX TO DOD - First Page
 
http://shop-las-vegas.com/VBA/USAF-CHECO/CHECO-Base-Defense-in-Thailand.htm
 
In that fax, I list the various staff associated with AFDO (Air Force Declassification
Office/Pentagon) and their phone nos. as well as email addresses.  The fax says that
the report was declassified on 19 Jul 94.  Mistake.  It was REVIEWED then and it
remains classified except for the pages we received.
 
In my research, very few claims by Thailand veterans were granted service connection.
With this admission in an official report, this opens the door for us as a "class" by law.
All the appeals denied must be reversed and all the initial claims denied the same.
 
If your VSO asked you some stupid question about the CHECO report, she doesn't
know what she is doing.  At minimum, a good VSO must have served more than a
regular hitch in the military, eg, 10-20 years/retired military.  This gives them the
background to understand better the administrative procedures of the military.
 
One fellow told me he had a "green" VSO that only knew how to do Iraq/Afghanistan
claims.  He should have run from this individual.
 
You signed a form that gives them a "power of attorney" type relation legally with
you and can be pulled anytime you want.  I suggest shopping before you say any-
thing to this individual you have.
 
Evidently, she did not explain the appeal process to you and therefore, you made
that call to the V.A. in ignorance.  Unfortunately, you got someone on the phone
that was "pulling your chain" too.  Otherwise, he would have explained that the
matter is handled in a courtroom setting and a judge rules on your claim.
 
Right now, I am waiting for my appeal hearing via video conferencing to Las Vegas
based upon my claim of intransit via Ton Son Knut in Saigon.
 
I have also written to my Senator and submitting the same CHECO report as the
basis of evidence of the "use of herbicides in Thailand" and therefore, exposure.
This exposure is referred to as "direct cause" (of my medical condition.)
 
See also http://shop-las-vegas.com/VBA/VA/Presumptive-Diseases.htm
where you will find "Diabetes Type II" and the "Diabetic Complications"
which are referred to as "Seconday Conditions" in your claim.  If you
do not have any complications, then your claim will be rated solely on
your diabetic condition from moderate to total disability, ie, multiple
injections of insulin per day.
 
If you were wondering if I advise veterans on their claim as a VSO,
I do not.  I am not qualified.  I have a higher standard of training
than those that have worked in this area for years.
 
If [VSO Org ommitted] is handling your (appeal) claim now, make sure that 
they have been informed with the content of that excerpt which quotes the 
actual pertinent parts of the released report pages.  Or, at least, adequate 
to state explicitly that herbicides were used in Thailand.
 
http://shop-las-vegas.com/VBA/Congress/DOD-List.htm
 
Now, with the help of my Senator and/or the two Veterans Affairs
oversight committees of the Senate and House, I want to see this
through for the proper notation of the DOD List and "Use of herbicides
outside of Vietnam."  The VA uses this list and the court does too,
and until it is properly updated, you and me and others will have to
provide references to the declassified pages and source, the Pentagon,
air force and their AFDO.
 
Good luck with your claim and expect potentially several years before
the bureacracy works in your favor.  We are the forgotten generation.
 
Franco
(702) 363-3290 - Las Vegas
http://shop-las-vegas.com/VBA/Site-Map.htm