"Radiation, toxins and chemical poisoning?" Topic

One of the potential causes for Peripheral Neuropathy is listed as 'toxins'….such as heavy metals/chemo, etc.

I've web md'd and googled and still can't find out what I'm trying to. I've also talked to my VA medicos…and they either don't know…or won't comment because they don't want to go on record about it. They don't want to 'prove my case' (and can't find any sources to do so, yet!)

It is my contention that my exposures to gama and other radiations and multiple toxins/chemicals in combat or testing facilities…(in performance of my military duties), between 1975 and 1982…is the primary cause of my neuropathy…(among other health-related injuries/contions/mental-emotional things).

Yes, I have an attorney representing my case to VA appeals board and have a volume of testing/medical data that connects OTHER illnesses/issues to that time in service. But he wants ME to 'do his job' when it comes to providing 'citations/examples/references' to 'prove' my case…*sigh*

BUT…the VA took the 'easy' way out…and awarded the disability on the FIRST point of my multi-cause/point case…(which means that it will also be easier for them to revoke…'down the road'…if they so choose).

By taking the FIRST 'item' and 'denying' the rest/any connection…this leaves them an 'out', if regulations change. While I'm listed at 100% disabled, and the other conditions wouldn't change that, confirmation that the other issues ARE 'part of that' 100% would most likely keep them from 'changing their minds' about the 100%…down the road…(if that makes sense?)

What I'm trying to do is get it 'in the record' that those documented 'exposures' either DID or COULD cause such additional delayed health issues…decades later. AND ideas on how to 'prove' it.

I could cite how things like AGENT ORANGE etc sometimes didn't show up for some folks until much later or in birth defects in children fathered years later by vets…but that's now well-documented.

What I'm trying to get some answers on is:
-Can exposure to radiation, toxins/chemicals cause the symptoms/conditions I'm experiencing…and not show up till decades later?

-I can prove 'exposure' to said elements/etc…but not that the delayed results are what I'm experiencing/am dealing with.

-What I learn/am able to prove 'connections' to, may not be of any 'help' to my immediate concerns/health, but may stop the VA from denying benefits to others in similar positions and/or trying to 'grandfather' me OUT of benefits 'down the road'.

If, for example…you have 5 things 'wrong'…and any/all of them would put you at 100% disability…then if regulations 'changed/re-evaluated/were re-written'…on even just ONE of those points…it would NOT result in benefits being pulled…later.

IF all of the 'causes' are valid…then 're-writing'/changing WHAT qualifies on ONE…after the fact…would not disqualify the rating. But if they take ONLY the first one…and ignore the rest as 100% is 'maximum'…and THEN later…change definitions/qualifications…'up a creek' is the result.

any ideas?

pm'd ya!

You are quite fortunate to find an attorney to help you with your case. There is a very old law on the books (ACW vintage) that states the maximum fee an attorney can charge a vet is something like $15.00. As far as I know, this is still good law.

I can tell you that if I was getting $15.00 USD to do the entire case, I would make you do everything possible as well.

As for the peripheral neuropathy, these can be caused by "organic" (brain, metabolic or even spinal cord) causes or by insult to the fatty coverings of the nerves. In general terms it would be fair to say no one really knows the mechanism for how the neuropathy evolves or is maintained. If they did, they would have a cure or ways to treat the neuropathy. IIRC generally the best way to stop a neuropathy is to quit administering the drug that is causing it.

Now I'm not an MD and I have not practiced medicine since the early 1990's, so my info is old news and may be of limited value.

As for the VA, the appeals system puts the burden of proof on the vet. You have to prove you are entitiled to the disability. That being said, the VA is supposed to be a "pro-veteran" organization and because of that you don't really need legal counsel – LOL – they will treat you right.

I have always found this schizophrenic attitude rather interesting, if not down right amusing. I have not done a lot of VA appeals but those I did were won in the newspapers, not at the board of appeals -- no kidding. Find yourself a human interest columnist and prepare – in writing – your entire story (your attorney should be able to help you with formats for press releases). When you do your press release, wrap yourself in the mantel of the guy that did everything asked of him and was willing to lay down his life if necessary in defense of his country. Tell them how you did things in the military that you would never do in a civilian capacty -- why? Because you love your country and you did your duty as directed by your superiors. AND NOW the ingrates want to back out on their promise to take care of you if you were injured in the line of duty.

The embarrasment to the local VA can be huge. Congressmen get involved, 60 minutes loves this stuff and so on.

But beware, if you take this approach, you essentially sacrifice your privacy for a period of time. You will be a hero to some and a money grubbing hustler to others. You will need to stay on the straight and narrow while in the public eye and you need to be very careful about how your respond and what you look like in public. Little things can make a great difference in the court of public opinion.

The nice part about this stuff is once your case is resolved, no one remembers you three weeks later. Trust me I know, I did the cases I did, mostly to gain a little publicity for myself (didn't even charge the $15.00 USD allowed by law).

Well best of luck.

The aforegoing represents my personal opinions and should not be considered legal advice. I am not representing you and you should not consider the aforegoing as an offer to represent you. If you need an attorney, you should hire competent legal counsel in your own jurisdiction.

mjc

erm…WOW…

-the attorney does charge fees for actual expenses (postage, copies, any doctor consults he arranges)

-he asks for a 1/4 'donation'…(which is totally 'voluntary') for any increase/settlement received…so he can 'help/continue the fight' for others…

-I am currently AT 100% disability…and while there isn't really a higher rating/that much 'extra money/benefits' in getting the VA to 'accept' the OTHER conditons/medical issues as being 'service-connected'…there are a couple of reasons for doing so.

*First of all, I'm not the only veteran to be exposed/served in those conditions…and getting them RECOGNIZED…and accepted…will help others besides me.

Second…with VA 'guidelines' for what medical conditions/needs they WILL treat/won't treat/only 'service-connected' medical needs…(even if one 'need' is rated at 100%)…bodes ill for the future.

In other words…the system is changing…so that even 100% disabled vets…dependent on the VA for ALL medical care…may find themselves not being able to get treatment for any medical needs that are DIRECTLY 'service connected'.

So if you were wounded in combat, resulting in permanent disability…but were exposed to something else, (think like agent orange 'the next generation'), that isn't PROVEN to be 'service connected'…(even though common sense would say it is…people wounded/killed in nam were also exposed to agent orange…Desert Storm vets were exposed to 'gulf war syndrome'…etc…

In short…the system is now looking for ways to EXCLUDE having to treat anything not DIRECTLY proven 'service connected', even if the person wouldn't have been 'exposed' to the other factors if NOT there!

I don't want to go into current affairs territory..so let's just say…you have to 'prove' every item/health issue that's related to your 'primary' issue…HAS to be documented to be directly related…(even if common sense would already tell anyone that)…or 'down the road' you could find yourself left 'hanging in the breeze'…

*sigh*

And some of us WANT the government to take care of our health care?! Ok. Seriously DWW, I hope everything works out for you. I don't know if the Mayo Clinic has someone to contact on this as far as other risk factors. If you have a friendly civvie doc to help out you may even get a referral to go there. Some of the exposure risk factors (radiation specifically) you should be able to dig up pretty easily if you look up the Atomic Veterans Project. If you have any ideas as to what chemicals you were exposed to you might also want to contact OHSA and the EPA for more info. They might be able to help you with long term exposure risks and effects. The CDC might also be a place worthy of checking out.