Hey Bob.
That’s BWN, but I take you’re point.
Your cancer was a ‘Soft Tissue Sarcoma’, yes? That’s on the AO ‘presumptive’ list.
This was a recent claim, right? The DVA has been doing ‘Brown Water’ guys much faster, lately.
I came down with NHL (B-cell Chronic Lymphocytic Leukemia & Small Lymphocyte Lymphoma) in 1999. I DID NOT KNOW it was AO related until mid-2005. I filed for compensation in 2005, including my DD-214 and was denied 4 times for no “Boots on the Ground”.
After the Haas Case, we discovered Blue Water Navy sailors were covered for all forms of NHL, not by the AO part of Title 38, but by CFR 3.313. (Known as the Zumwalt Law).
Filed for that in Feb. 2008, got my 100% in Dec. 2008. Had to file again separately for ‘Permanent & Total’ in Jan. 2009, I guess they thought my ‘incurable’ NHL wasn’t. Finally got it Dec. 2009.
Now, the DVA KNEW about CFR 3.313, and NHL. Did they tell me?
No.
And I’m still being slow-rolled for retroactive, because it’s so big.
Six months, my rosey pink fanny!
When they approved my 100% it was Permanent and total automatically. Guess they realize that if you breath through your neck instead of your nost, that is somewhat permanent and total. LOL
YOU ASKED “‘Soft Tissue Sarcoma’, yes? That’s on the AO ‘presumptive’ list.”. Cancer of the vocal chords is big time on the presumptive list.
Do you receive the AO newsletter put out by the VA? Drop me a note if not and I will get the web addy so you can sign up for it (or read it online).
I applied for compensation on Dec 28, 2008, and the VA approved it on June 28, 2009.
Since then, the VA has taken over all of my medical treatments and I could not be happier. Prior to this, I had medicare/tricare, and while ok, it was a hassle with the paperwork, and the Doctors were somewhat short with me. Treated me like I was an idiot.
Well, I refuse to feel sorry for myself, and I tell my family that they had better not feel sorry either. I have lived my life with no regrets.
Anyway, I hope the BWN guys get what they deserve.
....Bob