PRESUMPTIVE DISEASES TO HERBICIDES EXPOSURE

Thailand Veterans filing under presumptive diseases

Excerpt Content Only Thailand Vets - Filing Your Claim per Direct Cause

As the Law applies ... Legal Precedence Okinawa Case More Details

THE ISSUE See Presumptive Diseases Chart below for list

Entitlement to service connection for prostate cancer
due to Agent Orange exposure.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Criteria (last paragraph)

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).

RONALD R. BOSCH
Member, Board of Veterans' Appeals

In the above passage, the apeal court judge gave as succinct a statement as to "direct causation" for service connection under the law as possible, 38 U.S.C.A. § 1110, and 38 C.F.R. § 3.303.

The "analysis" leans towards the fact that the disease is one that is found in the provisions of the presumptive exposure laws and with simply evidence as we now have today in the classified "Secret" USAF CHECO Report, you have the direct connection between your medical condition, service exposure and service connection.

Direct Causation Claim @ Guam Details

DISEASES RECOGNIZED
AS CONNECTED TO
AGENT ORANGE/HERBICIDES EXPOSURE

LENGTH OF TIME REQUIREMENTS:
WHEN SYMPTOMS OF THE DISEASE HAVE TO APPEAR
AND RESULT IN
AT LEAST 10 PERCENT DISABLING
IN ORDER TO QUALIFY FOR BENEFITS

Cancers - No time requirement
Veteran qualifies no matter when the disease first appears.

Cancer of the Bronchus, Larnyx, or Trachea

Lung or Prostate Cancer

Hodgkin's Disease or Non-Hodgkin's Lymphoma

Chronic Lymphatic Leukemia or Multiple Myeloma

TYPES OF SOFT TISSUE SARCOMA

Adult Fibrosarcoma
Alveolar Soft Part Sarcoma
Angiosarcoma
Clear Cell Sarcoma of Aponeuroses
Clear Cell Sarcoma of Tendons
Congenital Fibrosarcoma
Dermatofibrosarcoma Protuberans
Ectomesenchymoma
Epithelioid Malignant Leiomyosarcoma
Epithelioid Malignant Schwannoma
Epithelioid Sarcoma
Extraskeltal Ewing's Sarcoma
Hemangiosarcoma
Infantile Fibrosarcoma
Leiomyosarcoma
Liposarcoma
Lymphangiosarcoma
Malignant Fibrous Histiocytoma
Malignant ganglioneuroma
Malignant Giant Cell Tumor of the Tendon
   Sheath
Malignant Glandular Schwannoma
Malignant Glomus Tumor
Malignant granular cell tumor
Malignant Hemangiopericytoma
Malignant Mesenchymoma
Malignant Schwannoma with Rhabdomyoblastic    differentiation
Prolifertationg (systemic)Angiendotheliomatosis
Rhabdomyosarcoma
Synovial Sarcoma

No Time Requirement
Veteran qualifies no matter
when Sarcoma first appears.

DISEASES OTHER THAN CANCER
No time requirement
Veteran qualifies no matter when the disease first appears.

Diabetes Type II

See list of Diabetic complications below; list as Secondary Conditions where applicable.

Never assume the VA will rate same because they are found in your medical records.

Diabetic Complications:

Skin Conditions:
diabetic dermopathy
  necrobiosis lipoidica
      diabeticorum
  diabetic blisters
  eruptive xanthomatosis

Gum Disease:
Oral Infection
Fungal Infection
  Poor Healing
  Dry Mouth

Eye Disease:
  Blindness
  Retinopathy
  Glaucoma
  Cataracts

Kidney Disease
Transplantation:
Kidney
Pancreas

Neuropathy:
  Charcot’s joint
Cranial neuropathy
  Autonomic neuropathy
  Compression mononeuropathy
  Femoral neuropathy
  Thoracic or lumbar radiculopathy
  Unilateral foot drop

Cardiovascular Health:
  Heart Attack
Stroke

Peripheral Neuropathy (acute or subacute)

Within months of exposure to agent orange in Vietnam
and cured within 2 years after symptoms first appear

(Note: this time requirement is written so narrowly
it appears to be impossible for any Vietnam veteran to qualify.

Chloracne
or Porphyria Cutanea Tarda

Within one year of the last day
the veteran served in Vietnam.

DISABILITIES IN CHILDREN OF VIETNAM VETERANS
Child must have been conceived after veteran first arrived in Vietnam.

Spina Bifida

BIRTH DEFECTS IN CHILDREN OF FEMALE VIETNAM VETERANS
Once final rules are issued, the birth defects that qualify for benefits will be listed
on NVLSP's website: NVLSP.org