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Question #53
Question for another veteran. He was in the active army reserves and was working
for the Navy. The Navy (civilian) sent him to Vietnam for 1 year in 1966. After which
he came back stateside and continued his reserve duties. He retired from the reserves in 1989, since which
he has developed type 2 diabetes and high blood pressure. Can he claim this as agent orange? He
went there as a civilian but was still in the reserves and received reserve credit for that year.
A1: If he was
sent to Vietnam, then he was on active duty. If he has conditions related to Agent Orange, then file for compensation.
(CP) 4/30/2016
A2: Disability compensation
is a monthly tax-free benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that occurred
or were aggravated during active duty or active duty for training. VA also pays Disability Compensation for disabilities from
injury, heart attack, or stroke that occurred during inactive duty training. The disability must not be a result of your own
willful misconduct, or alcohol or drug abuse." Now comes the hard part. The veteran should get his point
counts for the year that he was in Viet Nam. Because he was credited with a full years duty then he was on inactive
duty training during some periods he was in Viet Nam. And that should be for his two week drills. His argument
then would be that his exposure occurred while on IADT or on the two week drill. He should file for the Diabetes Mellitus,
Type II and any and all secondary conditions to diabetes mellitus type II. Hypertension is still not considered as a
presumptive to Agent Orange, but can be secondary to Diabetes Mellitus, Type II. He should also get a good County Veteran
Service Representative or National Veterans Service Organizations Service Officer. (CP) 4/30/2016
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Question #54 I have talked to several Viet
Vets who tell me to apply to the VA for disability benefits due to my service in Vietnam (Army, Infantry). Does that sound
possible? I have a few ailments, hearing loss one of them. Does this sound like a good action for me?
A1:
If you feel you have suffered any medical or mental health problems and feel they were as a result of military duty then file
claims. It would not hurt to have any conditions evaluated by VA doctors or private providers to establish a diagnosis. The
first thing you should do is get a copy of your C-file from the VA. No veteran should file claims without a C-file.
(CP) 4/30/2016 A2: If you have a hearing loss and/or ringing in the ear (Tinnitus) you should apply. As to the ailments
it all depends if you were treated for them while on active duty. One of the things that is not understood in filing
for a service connected disability is that the first thing you must have is a diagnosis of a disability. The second
thing is that you should be able to show that you were treated for that condition or that the symptoms are in your service
medical records. Or if the ailments are one of the presumptives of exposure to Agent Orange. If you have a condition
such as diabetes mellitus type II that is a presumptive condition.
One of the first things I tell a veteran when
I am talking to them about a claim is that you (the veteran) do not decide if the condition is service connected or not.
That is the job of the VA. But, you as a veteran are responsible for ensuring that you have a diagnosis and that you
or your representative can show that the condition is as least as likely as not a result of your service.
The final thing about your condition (especially injuries to the knees, back, joints, etc.) is that you will have to show
to the VA that you have had a continuity of the condition. Many times this is very hard to do because the veteran took
what the corpsman/medic/doctor/nurse had told him to do when in the military and continued to do it in civilian life.
i.e. when it hurts apply ice, heat, wrap it in ace wraps, keep the leg elevated, etc. Then you will have to show
that you did those things by writing a statement and if you have other people who know of the pain and what you did they can
write a generalized statement as to your condition. But, unless they are a doctor or licensed medical professional they
cannot make a diagnosis. They can say that they saw that you were limping, couldn't straighten up and that you would
put a heating pad, ice, or whatever on your back, knee, arm, shoulder. And if they had known you before you went in
the service or if you had told them about the injury they could also add that you had told them that you had injured yourself
at Phan Rang, DaNang, Nha Trang, or wherever. Then they must state that they are making this statement and that it is
true to the best of their knowledge and recollection.
Sorry to be so long, but so many things are not understood
about filing a claim.
This is not to talk you out of filing a claim but to help you get your claim recognized as
fast as possible.
If you have the diagnosis, a statement from the doctor that they have seen your service
medical records and it is their medical opinion that the current diagnosis is more likely than not related to the injury suffered
in the military then you would have a good chance of getting service connection for the ailments/conditions. (CP)
4/30/2016
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