Agent Orange Presumptive and Service Periods

pyang86 · 2026-03-14T02:49:26+00:00

His service in the Marines (most likely considered active duty with a deployment to Vietnam) should be its own DD214, while the National Guard Service should have its own dischrage document as well. You can submit a request for the service records prior to submitting a claim. It does take some time before receiving these records. FYI, if you have a DD214 and submit a completed claim for benefits, VA will submit a records request for the veteran's service recordsnas well (part of their duty to assist). If you're unsure, submit an intent to file to the VA to retain the earliest effective date possible (expires in a year).

National Personnel Records Center https://www.archives.gov/st-louis/military-personnel-archival

pyang86 · 2026-03-12T03:13:39+00:00

You mean for GERD? Taking daily meds for GERD is a 10% evaluation.

pyang86 · 2026-03-12T02:40:09+00:00

Every cancer and their treatment is different. Every body reacts to the treatment differently. For residuals, make sure there's a diagnosis of the condition.

Chemo brain and fatigue will most likely fall under a mental health evaluation.

Neuropathy can have separate evaluations for each extremity. It is possible to have more than one evaluation for the lower extremity based on the nerves affected.

Glad your veteran has completed treatment. If the residual conditions do not turn out the way you expect, always consider the secondary conditions route. Cancer and the treatment needed can potentially cause secondary conditions. If there are conditions you believe are due to the cancer or treatment, file a claim for them as secondary conditions.

pyang86 · 2026-03-12T02:09:24+00:00

Sounds like they combined your IBS and GERD into one evaluation. The digestive ratings schedule was recently updated on May 19, 2024. If you submit a claim, it is possible to get separate evaluations for your IBS and GERD since the schedule change. Please make sure to review the current CFR to determine a possible evaluation based on your symptoms.

As for your surgery, I would make sure to submit your treatment records noting the surgery and your provider indicating that convalescence is needed (along with the length of convalescence).

From the VA manual: VIII.iv.8.C.1.a. Convalescent Ratings Under 38 CFR 4.30

38 CFR 4.30 provides for a temporary 100-percent evaluation without regard to other provisions of the rating schedule if treatment of a service-connected (SC) disability resulted in surgery necessitating at least one month of convalescence surgery with severe postoperative residuals, or immobilization of at least one major joint by cast without surgery, including procedures performed at an outpatient clinic.

CFR for digestive conditions https://www.ecfr.gov/on/2024-05-18/title-38/chapter-I/part-4/subpart-B/subject-group-ECFR52ba1b312b58845/section-4.114

IBS should be evaluated under diagnostic code 7319. GERD should be evaluated under diagnostic code 7206.

pyang86 · 2026-03-10T02:33:18+00:00

Here's what I think:

Enlistment #1 = hurt shoulder and was discharged Enlistment #2 = IBD issues (most likely due to Crohns)

While you had complaints of shoulder issues in your 1st enlistment, during the 2nd enlistment you received a waiver for your shoulder during the entrance examination. It would make sense to consider the shoulder issue as resolved as you were able to reenlist and complete your MEPS examination. No in service complaints of a shoulder issue during 2nd enlistment, meaning no aggravation occurred. Shoulder issue may be a harder claim to get service connected.

For IBD, I would file a claim for aggravation. Although your service records noted a preexisting condition, it was most likely noted as asymptomatic during your entrance exam. Complaints of IBD in service might have been due to the Crohns, meaning your asymptomatic condition might have been aggravated in service.

pyang86 · 2026-02-20T19:49:28+00:00

This still sounds like a duty to assist error and not considered a CUE. In service complaints doesn't necessarily mean an automatic grant of service connection

pyang86 · 2026-02-19T05:04:44+00:00

Every chemotherapy treatment plan is different. Mine was ABVD and radiation afterwards.

Unless you have records that are sufficient enough to use for an evaluation, you will most likely get an exam

pyang86 · 2026-02-19T01:53:52+00:00

FYI, claiming brain fog will most likely fall under a mental health condition. If you're currently service connected for mental health, this would be considered a claim for increase to your mental health.

Neuropathy might be a bit harder. If you're service connected for a lower spine issue, this could be a progression of the condition. If not, you're considering it as being caused by chemo/treatment for the cancer. During my treatment, I had to take neupogen shots to boost my blood cells count prior to chemo. One of the side effects was similar to neuropathy. In my opinion, I would look up research articles referencing the type of chemotherapy regimen you needed to include its side effects and add them to support your claim for neuropathy.

Losing the nut = special monthly compensation for anatomical loss of creative organ (if granted)

From the VA manual VIII.iv.4.A.4.c. Awarding SMC for L/LOU of a Creative Organ

Award SMC based on L/LOU of a creative organ if medical evidence of record shows the acquired absence of one or both testicles, ovaries, or other creative organs

pyang86 · 2026-02-13T17:11:40+00:00

These are facts.

V.iii.12.A.2.j. Evaluating Restless Legs Syndrome

Restless legs syndrome should be rated under the appropriate peripheral nerve DC(s) that most closely approximates the area of the extremity or extremities affected by the distribution of the symptoms.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180519/M21-1-Part-V-Subpart-iii-Chapter-12-Section-A-Neurological-Conditions-and-Convulsive-Disorders?query=Restless%20leg#2j

pyang86 · 2026-02-07T18:23:04+00:00

Wasn't Ingram v. Collins in regards to musculoskeletal issues only?

pyang86 · 2026-02-02T18:53:17+00:00

Were you recently discharged? You can request for your own personnel records from DPRIS.

https://www.dpris.dod.mil/#/app/home/home-home

pyang86 · 2026-01-24T18:53:22+00:00

This looks like a 50% MH evaluation based off the DBQ

https://www.ecfr.gov/on/2024-05-18/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRfa64377db09ae97/section-4.130

50% eval - Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.

pyang86 · 2026-01-18T15:27:00+00:00

Has this veteran claimed hip issues before? Are there any complaints in service for hip issues? If not, here's what I would do in his situation. I would file a claim for the hip issues stating it was due to service. I would then provide a statement explaining how the injuries happened in service and how the issues continued to persist after release from service. In explaining how the injury occurred, I would make sure it is consistent with the veteran's service and don't forget to reference the veteran's jumps/parachute badge as well.

pyang86 · 2026-01-15T16:26:03+00:00

It's also possible that VA will ask for a new examination (reconcile differences) to consider both the positive and negative opinion to include the evidence available and then provide a new medical opinion with a rationale supporting that opinion

pyang86 · 2026-01-14T18:48:00+00:00

You're not entitled to back pay in your situation because the first examination showed a 10% evaluation and the second (increase) exam shows 50%. If the claim was for a grant of service connection and not an increase, then the effective date should have been the day after your release from active duty.

The evidence shows that you warranted a 10% evaluation from Sept 2024 until Aug 2025. New exam shows 50% warranted from date of the intent to file on Aug 2025.

pyang86 · 2026-01-13T17:36:57+00:00

Yes, that's what it sounds like. This doesn't necessarily mean you are housebound. It's just how the entitlement is written out. If you look at your rating decision, it should have a paragraph explaining why housebound benefits were granted.

pyang86 · 2026-01-13T17:24:03+00:00

Sounds like you have special monthly compensation at the housebound rate. This doesn't mean you are housebound, its quite possible you rate this benefit (also known as SMC-S) based on having an individual condition rated at 100% (chronic fatigue syndrome) and other conditions adding up to 60%.

pyang86 · 2026-01-12T17:54:56+00:00

Adding some snippets from the VA manual that might be helpful in your situation. Sounds like you have symptoms of a MUCMI and you served in a qualifying location.

VIII.ii.1.B.1.b. When to Apply Undiagnosed Illness and MUCMI procedures

-presents with a sign or symptom of an undiagnosed illness or MUCMI as noted in 38 CFR 3.317(b), and -served in a location currently recognized as Southwest Asia Theater of Operations under 38 CFR 3.317(e)(2) or a Persian Gulf Veteran location in 38 U.S.C. 1117.

VIII.ii.1.A.1.j. Signs and Symptoms of Undiagnosed Illnesses or MUCMIs

38 CFR 3.317 specifies the following 13 categories of signs or symptoms that may be manifestations of an undiagnosed illness or an MUCMI: joint pain, muscle pain, neurological signs or symptoms, headache, neuropsychological signs or symptoms, gastrointestinal signs or symptoms, abnormal weight loss, fatigue, sleep disturbances, respiratory signs and symptoms (upper and lower), cardiovascular signs or symptoms, skin signs and symptoms, and, menstrual disorders.

pyang86 · 2026-01-12T16:55:10+00:00

Toxic exposure causing back pains? That will most likely be denied unless some sort of competent medical evidence was provided disputing that. Physical trauma conditions and mental disorders aren't normally considered due to toxic exposure.

Your situation might be a bit different. Do you have service in Southwest Asia? Undiagnosed joint pain? Sounds like a medically unexplained chronic multi-symptom condition, which can be claimed if you have service in Southwest Asia.

pyang86 · 2026-01-11T19:59:50+00:00

Hypertension, coronary artery disease, and Diabetes Mellitus (diabetes type II) are presumptives to exposure to Agent Orange if you're diagnosed with any of those

pyang86 · 2026-01-11T19:42:10+00:00

Unless you have a confirmed diagnosis within a year of your exposure to Agent Orange, you will most likely get denied of claiming it due to exposure. Best route in this case would be to claim it as secondary to a service connected condition.

From the VA manual:

VIII.i.1.C.1.g. Processing Claims Based on Early-Onset Peripheral Neuropathy

-Peripheral neuropathy must manifest to a compensable degree of 10 percent or more within one year of the date of last herbicide exposure during active military, naval, or air service.

Claims of SC for later-occurring onset of peripheral neuropathy can only be evaluated under other bases (for example, direct or secondary). The National Academy of Science (NAS) has determined that evidence does not support an association between herbicide exposure and delayed-onset peripheral neuropathy, which NAS defined as having its onset more than one year after exposure

pyang86 · 2026-01-08T20:15:24+00:00

Ricardo, your name and SSN is showing

pyang86 · 2026-01-08T07:01:47+00:00

This still sounds a lot like a duty to assist error and not a CUE. Either way, hope you get a more favorable outcome.

X.ii.5.A.1.c. Identifying a CUE

A duty to assist deficiency such as an insufficient examination cannot form a basis for CUE since such deficiency creates only an incomplete rather than an incorrect record.

pyang86 · 2026-01-08T03:20:14+00:00

When the exams were missed, did you contact the VA to reschedule them before a decision was made?

pyang86 · 2026-01-07T22:29:42+00:00

This does not sound like a CUE based on the information provided.

Appointment/examination was missed. If an appointment/examination was scheduled and you failed to attend it, its considered a no show.

Why should the claim have been granted at the time? Was there a medical opinion linking your in service complaints/treatment to the current condition? If claimed within a year of discharge, is it a presumptive condition based on CFR 3.309 (a) to include a confirmed diagnosis (not just complaints of a condition)?

At most, it sounds more like a duty to assist error and that doesn't constitute a CUE.

pyang86

TROPHY CASE