I would like to give you a little more info...I am a vietnam vet and served in 1968-1969...I have myasthenia gravis, diabetes,high blood pressure,erictile dysfunction,high cholesterol, and other symptons due most to my MG...about 4 or 5 years ago I went to the VA hospital in Dallas and they gave me 20% on the diabetes but declined me on the MG...I feel that the exposure to Agent Orange caused my diabetes (confirmed by the VA)and my autoimmune disease/MG...
I can see why Mr. Rodrigue was turned down...he didn't have a case that made sense...but I think that my case does...Please let me know what you think...
Dave Barker explain why the decision was negative in the court case.
There is no presumptive for AO and there is no medical science that says that MG is caused by chemical exposure. You will have to show that MG is caused by chemical exposure and then have a doctor document that your MG was more likely than not caused by chemical exposure.
I could find not information that MG is caused by chemical exposure, but I will ask if it could be to a retired Army Neurologist.
From our doctor:
The court decision was firm. Please allow my opinion, based on the court decision:
Mr. Rodrigue was required to provide evidence of direct causation between Agent Orange and myasthenia gravis and/or sleep apnea. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). While there is no dispute that Mr. Rodrigue currently suffers from myasthenia gravis and is diagnosed with sleep apnea, the Board found that there was no medical or scientific evidence to support causation.
There must be evidence in support of the claim or it is a moot point.
Mr. Rodrigue’s claim file “contain[ed] a single note from J.C., M.D., in which Dr. C. opined that [Mr. Rodrigue’s] autoimmune myasthenia gravis could be the result of toxic or chemical exposure.”
The term "could be" is the killer. It does not commit the physician to an "in my opinion it is as likely as not" type of phrase. Even if it were "in my opinion it is as likely as not" there was no exposure presented.
In denying the claim, the Board found the letter from Dr. C. unpersuasive because (1) the nature of the toxic chemicals was not identified; (2) Mr. Rodrigue has not been shown to have been exposed to toxic chemicals including Agent Orange while in service;
Proof of exposure is upon the claimant unless conceded by VA, as in those in Vietnam during the period of use.
and (3) Dr. C.’s letter merely speculated that the disorder could be the result of toxic or chemical exposure. Likewise, the Board also denied service connection for sleep apnea based upon a total lack of proof of direct causation because the record did not contain a medical nexus opinion linking Mr. Rodrigue’s sleep apnea to alleged Agent Orange exposure.
Speculation is not acceptable.
I will cast no stones. Proud member of the RD-DV!
Military.com is the original home of the Derelict Veterans Group,
RD-DV, established December 31, 2008
ur moderator who is a Neurologist and a retired Army Major does not feel that there is any basis for a MG claim based on AO. There is no medical evidence that AO causes MG. There is evidence that MG episodes can be brought on by current chemical exposure. What that means is that if you work in an environment that would expose you to certain chemicals, your attacks could be more frequent or severe.
So according to our medical expert, you are not going to prevail. Your doctor would have to write a letter that:
1. You disease is caused by exposure to AO.
2. There is medical research to show that AO or chemical exposure results in MG.
And your doctor would have to be an expert and a researcher would help.
And then the VA doctor who conducts the C & P exam would have to concur.
And expect that this will at least go to the BVA and take at least 5 years. Since MG is not presumptive and their are no precedent cases in the courts to support your position, I expect that no DRO will grant this claim. I am not sure that a VLJ (Veterans Law Judge at BVA) will grant the claim. If that is the case, your will need to go to the Veterans Court, and that will add 1 to 2 years minimum.
I can find no research that MG is caused by chemical exposure. As a general topic this is critical to your success in a VA claim.
I have reviewed all 2009 and 2010 cases with MG in the body. From a BVA decision in 2009
And another of the cases
What is the difference between presumptive and direct associatio
n? I also have type two diabetes, myasthenia gravis, hypertension,
high cholesterol and was exposed to Agent Orange. At what point
Does statistical evidence suggest a link between AO and MG?
Direct association means that a disease or injury is documented while on active duty or within one year of separation.
Presumptive means that the IOM has found that there is a statistical relationship between service and certain diseases and that most occurred within more than 1 year of service. The bulk of the presumptive diseases are related to Agent Orange. There are a number that are not related.
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