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Q595: I'm currently rated for hearing loss at 10%. I've tried to submit for high blood pressure, neuropathy, exposure to chemical use and AO presumptive exposure. I have documents to support my claims, but I'm denied because I don't have any cancers. How can I proceed to get these issues recognized?
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A1: My suggestion is two-fold. You can either consult with a VSO or DAV and present your documents and they will assist you, or find a VA Accredited Attorney Firm. The Attorney Firm will review your proposed case, and if they accept it, will submit it to VA. They will not get any money unless you win your case, and if you do win, they will get 20% of your back pay, and no further payments. VA will automatically take the 20% out of your back pay and pay the Attorney Firm and there is no further payments after that. I hope this helps you. (RC) 12/3/20
A2: Whenever you submit a claim to the VA for D&C that is denied, you have a year to file a Notice of Disagreement (Appeal). State in it why you think the VA's decision was wrong and support it with evidence. Do you have Diabetes type II? There is a direct correlation between diabetes II and AO exposure, as is quick onset of neuropathy in your limbs. Submit the Notice of Disagreement EVERY time you are turned down. Basic rule of thumb is appeal, appeal, appeal... all the way to the US Court of Veterans Appeals if necessary. Good luck. Te VA is counting on you to give up, whereas those who fight for their D&C usually have some success. Good luck. (LM) 12/3/20
A3: First, go to your local VA Representative for your County, Usually called the "VSO" Veterans Service Officer, but now listed as Veteran Affairs Director. They are there to help if you have one close. If you cannot find one, ask the American Legion in your closest town and they will point you in the right direction. Hope this helps. (GS) 12/3/20
A4: As a DAV Chapter Service Officer (CSO) I can assure you that the reason you were was not because you didn't have any cancer.
Most likely it was because high blood pressure is not a condition you VA has approved as a service connect disability as exposure to AO. Neuropathy on the other hand is. However, unless you have diabetes, which causes neuropathy, the only way you were be approved for it is if you had claimed this condition within 1-year from returning from Nam. I know, that's a ridiculous rule because we didn't find out about this until year later. That's why there are two Bills in Congress (one in the House and the other in the Senate, to do away with this time limit. If you ever, God forbit, have a heart attack and it's possibly caused by your High Blood Pressure, then HBP will be covered.
Unless you have Diabetes and have evidence from your VA or private care doctor that your neuropathy is caused by diabetes, there isn't much you can do.
When the VA denies a claim, they also explain why and let's you know what your next steps are. Good luck, brother and Welcome Home. (JL) 12/3/20
A5: I am in the same situation and even have a doctor's statement saying that this was all caused by my working in the military around jet fuels and chemicals involved with my AFSC. I get the same generic response, I didn't seek medical attention in the service. BS! My uncle went through the same thing with agent orange. What's it take? It's not until your dead and the benefits of approved don't do you any good in your grave. (PG) 12/3/20
A6: Welc ome to the new war!!! I went thru the same thing and first get a VSO such as DAV, VFW, American Legion, Vietnam Veterans or many others. Write to your congressman as well plus get letters and print out copies of Statement in Support of Claim as well and if your seeing an outside doctor get all the medical records of your conditions to support the claim as well. Always keep the originals and keep them on a back up as a large flash drive, computer if you have one and I have kept all mine in hard copies in boxes about 12 small boxes, burnt to discs, put on flash drives. This started back in 1981 when mine started showing up more and more and glad I did for the VA may say they can't find it and have to bring in copies to show they can't pull that one on you. If all that fails then you can get an attorney and sue as a last resort but just let the VA know your not going to go down without a fight. It took me over 34 years to get 90 percent service connected with 10 percent unemployability and being paid at 100 percent and expect due to my age the VA will try to take it away when I am a lot worse than before hands and feet ache as well as stiff and pain in all my joints but mostly my fingers, toes, knees and whole spine from neck down to end of tail bone. Spinal stenosis and most likely osteoarthritis with the degenerative bone disease as well as neuropathy on both legs upper and lower legs calves and thighs. I will sue if the VA takes any of it away for at least my wife will have money to live on if she outlives me. I wanted off pain medication and they have me on Tramadol at my request but has gotten so bad that the Tylenol works slightly better but will probably cause kidney problems. I hope to make 85 and at 71 now and due to age figure the VA will take it away and then the real war begins not putting up with it from them enough having to put up with the pain. I used to be on low dose morphine due to an outside doctors recommendation and the VA did that for about 5 years. But due to the Veterans that were overdosing and dying the ones that took the medications as prescribed are being punished because of that. They take away the pain medications and can not figure out why so many suicides by disabled veterans should be a no brainer but that is the VA a lot of them are no brainers. I hope this gives you an idea how long and hard of a battle you will have but wish you the best so fight them tooth and nail for that will be what it takes. (JM) 12/3/20
A7: You can always appeal their decisions, But if I were you I would go to your State Department of Veterans affairs. NOT the VA!!
Every state has Reps to handle Veterans claims, I don't know what state your in, but go online to your state offices and look up the VA Department and have a talk with them. I lived in Portland OR, and after 27 years in the Coast Guard. The VA only gave me 10% for 3 years. Stay away from DAV and others, they had me sitting at 30% for over a year, I went to my State office and with in 6 months I was 100% Service connected Total and Permanent and I got all of my back pay from the first time I went to the VA. Just think you go to the ATM to get $40 and find $65,000 in the bank I did. I hope this helps you, Stay in it until you get it all. Then ask about 90% UI if you have young kids this is a free pass to college. (GM) 12/3/20
A8: Blood pressure did not make the list under the Agent Orange registers. Neuropathy is on the list for agent Orange but the VA says you have to file within two years of discharge. You can file a supplement claim on form 20-0985 and end of with an appeal. (GR) 12/3/20
A9: If you have medical evidence, just go to your American Legion of VFW rep. Mine was in the Federal Building in downtown Baltimore. The rep knows the system, and how to submit your claims. Mine were approved in a couple of months after submittal. Don't bother with lawyers, they will only take your money. (RF) 12/3/20
A10: Not knowing anything about your conditions other than you have hearing loss and are receiving 10%. I would offer this to you when filing a claim. Consult with an Accredited VSO from the VFW, DAV, Am Vets, American Legion or another Veterans Service Organization. These consultations are free. Obtaining an Attorney will cost you. There is a simple formula in filing a claim utilizing the "Calusa Triangle." 1. In Service Event: When, Where and How. 2. NEXUS. (Link-cause & Effect Connection) "Or a Doctor's Statement" "Is as least likely as not due to Military Service." 3. Current Diagnosis. No Diagnosis. No Service Connection. FYI I am an Accredited VSO by the VA. I have never had a denial when the Triangle is used in support of a claim. I have been A VSO for over 25 years. I have been accredited since 2001. I have filed claims for the VFW, American Legion and the DAV. (GH) 12/3/20