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While undergoing treatment for prostate cancer, a temporary 100% evaluation is granted. Six months following cessation of treatment a mandatory VA examination is required to determine any residuals. This means that your claim will be rated on residuals of voiding dysfunction or renal dysfunction, whichever is predominant. Usually, this means the 100% evaluation will be terminated and replaced with another evaluation, 30% for example. However, this reduction from 100% to 30% will not take place until 60 days has elapsed.
Another serious condition which arises as a result of Agent Orange exposure is non-Hodgkin’s Lymphoma. The same procedure is followed as stated above: while undergoing treatment a temporary 100% evaluation is granted. Six months after treatment ends, a mandatory VA examination will be given to determine any residuals.
Agent Orange exposure outside Vietnam
In regard to Agent Orange exposure in Korea, most claims are denied. A Veterans Health Administration Directive (2000-027 dated 9-5-2000) indicated that some 21,000 gallons of Agent Orange were sprayed in Korea between 1968 and 1969 in an area from the Civilian Control Line to the southern boundary of the Demilitarized Zone. Only Republic of Korea troops were involved in the actual spraying. However, elements of the American 2nd and 7th Infantry divisions were deployed on four-month rotations up to the DMZ from April, 1968 to July, 1969. A rating specialist will need to obtain your military 201 Claims File to determine if you were in the affected areas. If no record is found in the 201 Claims File, the rating specialist will attempt to obtain Unit Histories and/or Morning Reports. If no verification is found, the claim will be denied.
Can you prove your case with evidence from the Internet?
Sometimes veterans deluge the rating specialist with pages of Internet evidence that was used to obtain approval for another veteran’s claim. These decisions are considered general in nature and specific only to that particular veteran’s case. They are also not precedent-setting for any other veteran’s claim, and will result in a denial of your claim.
On the other hand, such Internet sites may prove helpful in locating witnesses. For example, your claim may be strengthened by the statement of a veteran who was on the ground in Vietnam, and can testify that you were there, too. Check out these sites, and don’t be afraid to post to them if your are looking for military buddies.
