Question:
Jim,
I enlisted in the Army Air Corps in 1941 and went to Lowry Field. While I was at Lowry instructors were using Carbon Tetrachloride as part of the training. We were indoors with no ventilation and our hands immersed in vats of carbon tetrachloride cleaning cosmoline off gun parts. I received about two hours exposure each day for three days. When I enlisted my medical exam shows both eyes were 20/15. After using Carbon Tetrachloride on the 2nd day, my vision suddenly went to 20/40 with astigmatism and an eye doctor found blind spots in right eye vision field and grounded me. I couldn't go on to my scheduled bombardment school! I was reassigned as an Aircraft Armament Mechanic, 359th Bombardment Squadron, Paine Field in 1942. During February to May I washed gun parts in vats of Carbon Tetrachloride several times a week. In March 1942 I began having "dead spots" in my vision field, and was treated for”Nasopharyngitis." In May 1942 I was worse and hospitalized 3 days with dizziness, headaches, TB-like lung congestion, extreme bouts of fatigue, kidney pain & inflammation, joint pain, skin eruption and symptoms we now know were caused by Carbon Tetrachloride but then were listed as the flu. I applied for compensation 1974 and it was denied. The VA said there were no records. Doctors today believe and have said my illnesses are symptoms of Carbon Tetrachloride exposure but VA has turned me down because I do not have medical records from the Army and all the years since discharge in 1943. The local VA has demanded that I produce the names, rank, and addresses of corpsmen, doctors, nurses who treated me for colon cancer, strokes, kidney disease while in the Army and I have told them three years in a row that these were never in my claim, but that my claim was for vision problems, dizziness and sleep disorders. Do you believe there will be any chance for approval of the bills introduced by Senators from Wisconsin for Carbon Tetrachloride diseases to be recognized as service-connected? Can you give any advice?
Answer:
The legislative action you refer to is, "the "Veterans Carbon Tetrachloride Benefits Act" introduced in March of 2005 to the 109th CONGRESS, 1st Session, as; H. R. 1198, "To amend title 38, United States Code, to provide a presumption of service connection for certain specified diseases and disabilities in the case of veterans who were exposed during military service to carbon tetrachloride." The wording of the bill states that, in the case of a veteran who served for ninety days or more in active military, naval, or air service and who while in such service was exposed to carbon tetrachloride, any disease or disability specified in paragraph (2) becoming manifest in such veteran shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service." The language of the bill provides for a presumptive medical (cause and effect) nexus for the following diseases and conditions;
*Depleted vision or floater cataracts.
*Hearing impairments such as high-pitch ringing, sensitivity to loud noises, and loss of hearing.
*Memory losses such as lapses of recall, dates, numbers, and inverting numbers and letters.
*Swelling of hands or feet.
*Aching bones or joints throughout the body (not associated with arthritis).
*Loss of hair.
*Deterioration of nervous system.
*Pulmonary edema.
*Hemorrhagic congestion.
Carbon Tetrachloride was once widely used as a degreasing cleaning agent, as a fire suppressant in extinguishers, in refrigerants and coolants and as an insecticide. As a degreaser it found use in military applications as well as being a popular dry cleaning agent. As more research studies proved that Carbon Tetrachloride had lethal potential even at small doses, its use was discontinued and is highly restricted today. Carbon Tetrachloride is often referred to as a substance known or believed to cause toxic optic neuropathy (eye disease) as well as kidney, liver and skin diseases amongst others. I would approach this claim without depending on H.R. 1198. Your challenge will be to prove that you were exposed as you say you were and that your current condition is tied (has a reasonable medical nexus) to that exposure. I would make the statement regarding your exposure simple in that it is well known that Carbon Tetrachloride was in common use as a degreasing agent during your early years of service and that weapons were commonly packed and shipped with a heavy coating of cosmoline. I see no reason VA would reject the presumption that your service included exposure to Carbon Tetrachloride. You should include a statement that due to the passage of decades, you are unable to get any statements from any treating health care providers or comrades or leadership. You then need to collect all available medical and service records. While the VA is charged with assisting you to gather those records, they often do a very poor job of that. Your best bet is to write a certified and registered letter to the National Records Center in St. Louis requesting copies of the records you need. You may find their address and other information here http://www.archives.gov/st-louis/military-personnel/ . Be as specific as you can be in your request and name as many dates and places as you can remember. Finally, when you have gathered all available medical records you must find a qualified physician who will take the time to conduct a thorough review of all your available records and then write a "nexus letter" that clearly states to VA that the undersigned physician has conducted a military medical records review and physical examination and finds that the Veteran's current conditions (describe) are consistent with exposure to Carbon Tetrachloride and that in the examiner's medical opinion there is a clear nexus between such exposure and today's illness. You may request your VARO to schedule you for a Compensation & Pension (C&P) exam WITH MILITARY MEDICAL RECORDS REVIEW or you may choose to use an expert civilian physician and pay that expense out of pocket. The cost of a civilian disability expert's opinion may be as high as $1000.00 though so be prepared for that expense. Your symptoms and illnesses are consistent with those listed for "presumption" in H.R. 1198. With help and guidance from an experienced State or County Veterans Service Officer, I see no barriers to an award of disability benefits here.
Question:
Jim,
how often have you heard Veterans Benefits Administration (VBA) notifying surviving spouses that their loved one may have died from a service connected illness associated with Agent Orange or other toxic exposures like radiation? Has anyone written anything explaining the Dependency and Indemnity Compensation DIC) benefit and how former spouses in some cases many years after the death of their loved one maybe entitled to the benefit? For example, a Vietnam Veteran dies in 1993 of Type 2 Diabetes and determination is made by the VBA in 2004 that the condition is service connected.
Answer:
I can't recall ever hearing of VBA reaching out to a surviving spouse in this fashion. I'm of the belief that when a Veteran dies, all claims current for that Veteran die with him unless the survivors are very active in keeping the claims open. I am aware that in many instances the surviving spouse may lose many deserved benefits because they don't know how to pursue them or they believe that they have nothing owed to them. A quick search of Veterans Appeals Board (VAB) decisions as well as higher court decisions brings out a wide variety of circumstances that occur or may occur after a Veteran dies. There are many different answers to your question depending on whether the Veteran was retired, the degree of rated disability at death, the degree of the posthumous award (if any) an so on. As each decision will be affected by so many variables, I would urge every surviving spouse and the Veterans children to contact an experienced State or County Veterans Service Officer (CVSO) as soon as possible after the Veterans death. The CVSO will request all necessary records for review with you and explain any available benefits or options to apply for benefits. If there are benefits available, the CVSO will assist you with preparing the appropriate documents and VA forms required to receive those awards.
Question:
Jim,
I need help in applying for aid for my husband, and it was suggested I should get a lawyer, I have sent and E-mail to a lawyer who was recommended for this, but have not heard back from her. The e-mail was send two weeks ago. My husband was 90 this year, and has had another stroke; he has dementia and is unable to walk by himself. I would appreciate any help you can give me regarding this matter.
Answer:
I'm sorry to hear of your troubles and it's a shame you didn't get at minimum a courtesy call from the lawyer. Usually I recommend that individuals who are beginning to face these issues get busy early and make advance plans. The sooner you start with the complex system of Aid and Attendance benefits, the better it is for all concerned. As with so many other benefits concerns, I recommend that you contact a State or County Veterans Service Officer near you. As your situation requires some immediate attention, I've arranged for you to be contacted directly by a colleague who is a nursing home administrator and an expert in the VA Aid and Attendance benefit. I've been assured that progress is already being made to see that your Veteran husband and you receive appropriate care. Generally speaking, Veterans Administration may provide a significant monetary benefit to any Veteran or the widow of a Veteran who becomes housebound and in need of direct professional care. The application for the benefit is challenging and it's always recommended that you seek the help of an attorney (particularly if the applicant has significant wealth, property or retirement income) or a County Veterans Service Officer (CVSO) to begin. The CVSO is a service that is provided to Veterans at no cost. Attorneys generally accept contingency fees for these processes and will have a limit or "cap" set on any fees. I advise that you stay away from advertised Internet sites that make promises of cutting through VA red tape or offer any assurances of a positive outcome for a fee.
Question:
Jim,
I was looking over the information you shared about Agent Orange. My brother is an ex-marine and Viet Nam Vet and has been suffering for years with stomach pain. I've been after him for over 10 years to apply for VA benefits. I had someone pick up a Veteran’s disability package for him – but I am clueless how to fill out the paperwork? Can you help me?
Answer:
I can help by referring you to a nearby County Veterans Service Officer. Your local CVSO is the best place to begin when filing for any Veterans Administration benefits. Your CVSO is a government employee who is well trained and dedicated to the cause of serving Veterans. Following up with you we discovered a number of options that you were going to pursue. It does trouble me that your brother has declined his benefits for so long. In another of our email exchanges you told me that, "You can lead a horse to water but you can't make him drink" and I see that almost daily. Far too many Veterans wait until it's almost too late to seek benefits that are owed to them for their service to our country. I believe there are a lot of different reasons that this happens...that soldiers are trained to be stoic from the moment they hit basic training may be one big reason we are reluctant to seek help. We're supposed to be independent, feel no pain, show no emotion and only focus on the mission. Some of us don't ever want to do business with VA because it will dredge up memories we'd rather leave buried. Many of us just don't want to or can't handle the massive amount of paperwork required in the VA system. And finally, VA has an arrogance that usually belittles a soldier's service and is often insulting. For example, when a Veteran applies for benefits and is instantly turned away for some obscure reason that nobody will understand, many Vets get disgusted and walk away and don't return. I encourage all Veterans to stand up for what is rightfully theirs and help us change the system. I think it's the obligation of every Veteran to participate within the system so that it will be improved for the generation fighting today's war. I do what I do in hopes that when my stepson returns from his 2nd tour in Iraq next year and eventually becomes a Veteran, maybe he won't be subjected to the same treatment I was by our VA. I think I can speak for all Veterans when I thank you for caring enough about your brother to stand up with him.
The information provided herein may or may not apply to your particular circumstances. This information is provided for your general knowledge only. Please consult an attorney or other qualified representative before you make decisions regarding your situation.
