Agent Orange and Service Connected Disability

• By puppet
• Posted April 21, 2009 at 9:31 am
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hi
i have nsclc, was in v.n. 69-1970 at this time i am getting 100% comp. from the va, there was never any question about smokimg, and in the regulation i never seen anything about smoking, ,did you try contacting the d.v.a ? that are very helpful, i am very sorry to hear that we lost an other brother

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• By amymaura
• Posted April 21, 2009 at 10:34 am
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Hi,

It sounds like you need to contact a service Officer to advocate for you. My understanding is that lung cancer (both small cell and non-small cell) is a presumptive condition, and smoking history is irrelevant. This is a link on the Veterans Health Council website and it should help you find a Service Officer who can help:

http://www.veteranshealth.org/service_officer.html

Amy
LCA

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• By sclcsurvivor
• Posted April 21, 2009 at 12:37 pm
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I am service connected for SCLC and agent orange. Like puppet there was no question about smoking. Any respiratory cancer is presumed to be caused by agent orange.
Who has been telling you this? Sounds like you need to get a representative to help you. I used the Tennessee Veterans office. Others have success with DAV, VFW etc.
Would be glad to send you lnks to the VA regs if you want them.
Cecil

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• By Nova_Scotia
• Posted April 24, 2009 at 10:24 am
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Hello Everyone
Thank you for your reply's to my post. My husband was diagnosed last June and in July we went to the State Department of the VA in Staten Island. We were told that he would have a claim for Service Connection due to his Agent Orange exposure and Lung Cancer. The state office has filed all of the necessary paperwork on Our Behalf but the Regional Office is Saying that SCLC is always almost caused by excessive smoking and that is what caused his lung cancer and not Agent Orange. I would be happy to forward to you my latest correspondence from them if you would like to send me your email addresses. It will not let me copy and paste. Any help is appreciated
And they they request all of the same damn paperwork that they have received numerous times already.

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• By wendyp1964
• Posted April 24, 2009 at 11:35 am
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Hi Nova...First let me tell you how sorry I am for your loss. And secondly, for how long this note is...Now, my husband is service connected for Agent Orange exposure for prostate cancer and also diabetes. I feel for you, for you are about to embark on a very long and strenuous fight. But do NOT give up as I firmly believe that is what the VA wants you to do. They almost ALWAYS deny initial claims and force you to appeal and most often appeal the appeal...My husband and I had to appeal over and over for his prostate cancer and the effects from it for years and ended up having to go all the way to DC to an the VA Appeals Court in person to fight it with the judge. He finally won but alas, only after putting us in financial and emotional ruins. Today he is 100% connected but it wasn't easy. Get ahold of the DAV or the VVA (Vietnam Veterans of America) for some representation and advice. They should take hold of your claim(s) and follow through for you BUT please, remember to follow-up with them and check your status frequently through the VA helpline that should be on your claims or "rejection" letter and form. They have recently found a spot on my husbands lung and we are now in the process of seeking it's cause and origin but I do know that like you said ALL lung cancers are indeed blanketed under the Agent Orange connection and by LAW they should not have even questioned it. So, please continue to fight this for your husband and for yourself--it is the least the VA can do for knowlingly spraying our husbands with a toxin that they knew would cause our husbands to become colateral damage for the "cause". Please feel free to contact me personally should you need any further support or advice at wmperaza512@aol.com...I would be happy to help you. Please once again, accept my condolences and heartfelt support. Wendy

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• By wendyp1964
• Posted April 25, 2009 at 11:07 am
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Hi again Nova---hope I am not bothering you but I see 2 problems in your latest post. 1) I know for a fact that ALL respiratory cancers are blanketed under AO exposure and must be decided on the veterans side without question and 2) the fact that they are inundating with duplicated paperwork is also against the law! I am so sorry that your Regional office seems to be a bit behind the times and the very laws that the VA and judicial system have put in place to respect and protect the veteran are not being adhered to but again don't give up...Somebody has made a terrible mistake on your decision. Maybe try to contact the VA in Washington direct...go on the VA website and surf all through it. It is very informative and should help you find people right where you live to help guide you. Good luck and again, if you would like to contact me please do at wmperaza512@aol.com anytime. If I can help---I will. Wendy

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• By Dodies
• Posted April 26, 2009 at 3:46 pm
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Fight with the VA for your claim, it may take a few years, but you will WIN in the end. You have to swamp them with paper work. It took 6yrs before I got DIC from my husband's death. I so happened on the right person one night online. I did not of course get any back pay but I WON, I finally beat their system.
They want you to GIVE UP, DO NOT!!

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