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Nothing is more frustrating than filing a VA disability compensation claim under the new “Fully Developed Claim (FDC)” system and only receiving a denial letter telling you that the military didn’t cause your disabilities.
What do you have to do before filing a VA claim? I would suggest that you first look for a County Veterans Service Officer or National Service Officer that has been properly trained by the VA in disability claims preparation and development.
Your first step should determine if your current disability is a disease subject to presumptive service connection as noted in 38 CFR 3.309. Did your spouse die from one of these diseases and had served in Vietnam?
Note: Guidelines presented in 38 U.S Code 1116 Subsections (b) through (d) shall cease to be effective on September 30, 2015.
Next, refer to M21-1MR, Part IV, Subpart ii, Chapter 2, Section C 10. Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN). This is the VA employee guide for developing claims and gives you an insight as to what they are considering as well as giving you the opportunity to provide the evidence they are looking for.
Now let the fun begin! Let’s say you were a sailor aboard the USS Procyon (AF-61) from February 21 to June 4, 1971. You’ve reviewed the VA Ship list and see that the VA does not recognize your ship. What will you do? Research, research, and research some more. Once you’ve determined when the USS Procyon did operate off the coast of Vietnam or the date port visits were made to Vietnam, immediately request the Deck Logs of the Ship.
When requesting Deck Logs, email [login to see] with these details:
· Full name of the ship, and hull number, if possible
· The dates of interest
· Your inquiry
Upon receiving the receipt from Deck Logs, make copies available to your County Veterans Service Officer.
What do you have to do before filing a VA claim? I would suggest that you first look for a County Veterans Service Officer or National Service Officer that has been properly trained by the VA in disability claims preparation and development.
Your first step should determine if your current disability is a disease subject to presumptive service connection as noted in 38 CFR 3.309. Did your spouse die from one of these diseases and had served in Vietnam?
Note: Guidelines presented in 38 U.S Code 1116 Subsections (b) through (d) shall cease to be effective on September 30, 2015.
Next, refer to M21-1MR, Part IV, Subpart ii, Chapter 2, Section C 10. Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN). This is the VA employee guide for developing claims and gives you an insight as to what they are considering as well as giving you the opportunity to provide the evidence they are looking for.
Now let the fun begin! Let’s say you were a sailor aboard the USS Procyon (AF-61) from February 21 to June 4, 1971. You’ve reviewed the VA Ship list and see that the VA does not recognize your ship. What will you do? Research, research, and research some more. Once you’ve determined when the USS Procyon did operate off the coast of Vietnam or the date port visits were made to Vietnam, immediately request the Deck Logs of the Ship.
When requesting Deck Logs, email [login to see] with these details:
· Full name of the ship, and hull number, if possible
· The dates of interest
· Your inquiry
Upon receiving the receipt from Deck Logs, make copies available to your County Veterans Service Officer.
Advice
Command Post
Vietnam War
Department of Veterans Affairs (VA)
Posted 10 y ago
Responses: 13
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Did any of you read the article in stars and stripes in regards to a VA study shows parasites from Vietnam may be killing Veterans that served there.
I suggest anyone that served in country there read this.
https://www.cbsnews.com/news/parasite-from-vietnam-may-be-killing-vets/
Peace!
I suggest anyone that served in country there read this.
https://www.cbsnews.com/news/parasite-from-vietnam-may-be-killing-vets/
Peace!
Slow-killing parasite from Vietnam may be killing veterans, VA study says
Test results show some men may have been infected while fighting in the jungles of Southeast Asia
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Went through all this BS only to be turned down for Mesothelioma. Had half a lung removed with a tumor size of a grapefruit back in 2000. Thankfully it was benign. Doc who operated said the tumor had to have been there at least 25 years to be so large. This would have put me in the military being exposed to AO and asbestos. Reckon I'm lucky to get the disability I have. Still a bit winded when I over do it. Thank you Uncle Sugar for the gifts that keep on killing. Still plan on living a long life just to piss certain people off.
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When and if to hire an attorney, "once you've received a VARO Denial Letter", has its pros and cons. For the most part there are excellent attorneys out there, they work for a percentage of the retroactive check, generally 20% no more than 30% authorized. Then your monthly disability checks are yours for the duration of your award. They can do more as your representative and move things along a little quicker. So it's your choice.
As to which National Service Organization is best, it's tough to say, I've had success with them all over 15 years. But here in Ohio, American Legion leads the way. DAV has an excellent training program for their Service Officers, but follow up with them leaves a lot to be desired.
Update on Blue Water Navy status, apparently the VA Central Office has redefined inner water ways for the Vietnam era, and it is sitting at OMB for review, as mandated by the Federal Circuit Courts. Attorney John Wells has made some excellent progress over the last 5 years and I truly believe there is light at the end of the tunnel, thanks hugely in part to the Gray v McDonald decision.
As to which National Service Organization is best, it's tough to say, I've had success with them all over 15 years. But here in Ohio, American Legion leads the way. DAV has an excellent training program for their Service Officers, but follow up with them leaves a lot to be desired.
Update on Blue Water Navy status, apparently the VA Central Office has redefined inner water ways for the Vietnam era, and it is sitting at OMB for review, as mandated by the Federal Circuit Courts. Attorney John Wells has made some excellent progress over the last 5 years and I truly believe there is light at the end of the tunnel, thanks hugely in part to the Gray v McDonald decision.
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Suspended Profile
Chief Ball, I have been fighting the VA on appeals since 2010 and am currently at the Board level. What are your feelings on an in person travel board verse a video conference board. My appeal deals with neuropathy in my lower extremities due to nerve damage from multiple back surgeries during career and after.
CPO Ed Ball
CPO Benjamin Walker - Chief a travel board generally takes longer to schedule, and you have the same exact opportunities with a video teleconference board, it's one of a personal choice. There are those that rather have the personal one on one with a judge in front of them, then there are those that don't mind viewing and interacting with a judge on a monitor. The results would be the same. Assuming the back is service connected, ensure you have a medical opinion that links the neuropathy in lower extremities to the back surgeries on the doctor's official letter head, dated and signed with the doctor's credentials behind their name, and that the doctor list the referenced evidence and states he/she had reviewed all the medical evidence (surgeries) and includes either phrase "least likely as not" or "more likely than not" as a result of the primary service connect condition then provides ample medical reasoning as to why.
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