AGENT ORANGE UPDATE - ISCHEMIC HEART DISEASE

In the Federal Registry, dated March 25, 2010, the Department of Veterans Affairs (VA) published the Proposed Rule to add "B" Cell Leukemia, Parkinson's Disease and Ischemic Heart Disease to the presumptive disabilities associated with the herbicide Agent Orange for Vietnam Veterans. Defining Ischemic Heart Disease (IHD) has been the most complex question for the VA.

In the Proposed Rule, VA has determined that the term Ischemic Heart Disease (IHD) includes, but is not limited to, acute, subacute, and old myocardial infarction; artherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina. Since the term refers only to heart disease, it does not include hypertension or peripheral manifestations of arteriosclerosis such as peripheral vascular disease (PVD) or stroke.

The comment period in response to the Proposed Rule is April 26, 2010.

Any "boots on the ground" Vietnam Veteran who meets the definition listed above should file a claim immediately for service connected disability compensation. Contact your State Service Officer for assistance.

Jimmy Lee Wallace
VFW State Service Officer

VA intends to designate nine (9) conditions as presumptively related to service in Southwest Asia and Afghanistan.

On March 18, 2010, VA published a proposed change of regulations in the Federal Register. This change, if implemented, would add nine (9) conditions to the list of disabilities currently presumed to be related to service in the Gulf War and Operation Enduring Freedom and Operation Iraqi Freedom. The disabilities, with proposed presumptive periods, are shown below. We have also attached the proposed regulation, a VA fact sheet, and a set of questions and answers.

VFW Service Officers should begin taking claims immediately. However, veterans should be informed that benefits, if awarded, will be paid only once the regulation becomes final. We expect that the regulation will become final before the end of calendar year 2010.

Please note that the proposed regulation provides a list of symptoms or secondary conditions caused by each of these conditions. Be aware that these symptoms or secondary conditions are not, of themselves, eligible for service connection based on this proposed rule. They are to be considered for service connection ONLY if one of these presumptive disabilities is granted service connection.

Name of Disease Presumptive Period
(Generally begins upon discharge from service in which served in SE Asia)

Brucellosis - 1 year
Campylobacter jejuni - 1 year
Coxiella bumetii (Q fever) - 1 year
Malaria - Become manifest within 1 year of service or at a time when standard or accepted treatises indicate that the incubation period commenced during service
Mycobacterium tuberculosis - Open
Nontyphoid Salmonella - 1 year
Shigella - 1 year
Visceral leishmaniasis - Open
West Nile virus - 1 year

Any Persian Gulf veteran's, to include Afghan veterans, who suffer from any of the above disabilities should contact the VFW State Service Officer concerning filing a claim for service connected disability compensation.

BENEFITS FOR VETERANS EXPOSED TO THE HERBICIDE AGENT ORANGE

Agent Orange, in and of itself, is not a disease. It is an herbicide used during the Vietnam Conflict as a defoliant. Every serviceperson who served in Vietnam between January 9, 1962 and May 7, 1975, is presumed to have been exposed to Agent Orange.

The following diseases have been accepted by the Secretary, U. S. Department of Veterans Affairs (VA), as presumptive disabilities associated with the exposure to the herbicide Agent Orange (Ref: 38 CFR 3.309(e)):

      Parkinson's Disease
      B Cell (Hairy) Leukemia
      Ischemic Heart Disease
Chloracne (must have manifest itself to a 10% or more within one year from last exposure).
Diabetes Mellitus (Type II)
Hodgkin's Disease
Chronic Lymphocytic Leukemia
Multiple Myeloma
Non-Hodgkin's lymphoma
Acute and sub-acute peripheral neuropathy
Prophyria Cutanea Tardia (must have manifested itself to a 10% or more within one year from last exposure).
Prostate Cancer
Respiratory cancers (the lung, bronchus, larynx or trachea)
Soft Tissue sarcoma

If you now have, or have ever been, diagnosed with any of the above disease's, and served 'in-country' in Vietnam, you should file a claim for entitlement to service connection compensation with the Department of Veterans Affairs (VA).

Point of Contact: Jimmy Lee Wallace, VFW State Service Officer, 6437 Garners Ferry Road, Suite 1124, Columbia, SC 29209, phone (803) 647-2442