Has anyone been diagnosed with ALS - which is a neurological muscular failure of the moton neurons in the body. My husband was in the Marines from 1958-1962 we feel that it is service related. We have again filed a claim with the VA and they are telling us it is related to Agent Orange. I still do not believe it - there are so many things that we are not being told.
Did you mean to say,
it is NOT related to Agent Orange?
"When you have eliminated the impossible, whatever remains, however improbable, must be the truth."...Sherlock Holmes in The Sign of Four.(Sir Arthur Conan Doyle)
Founding Member Original DVG & Proud Member, Rupterd Duck/Derelict Veterans
ALS is a presumptive disease for veterans. Your husband should be getting VA benefits. If he is not he should apply through either a PVA rep or VSO. Many veterans who have ALS were never exposed to Agent Orange. The study that was done regarding the disease and the link back to veterans determined that more than 50% of the people diagnosed with ALS were veterans and this is how it came to be a presumptive disease. You can easily google ALS and veterans and you will get a lot of links with helpful information.
We were told that ALS is only associated with Agent Orange and the cause of other diseases. That and because of the time 1958-1962 he may not be eligible. We were with the DAV today and refiled again because they do not have any records that he applied.
Any and all information is very welcome.
ALS is a presumptive and does not require AO exposure.
In Interim Final Rule (38.CFR 3.318) published Sept 2008, the VA affirms that, “The development of ALS at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.”
The latest rule provides that the rating of ALS in the VA’s disability rating system will depend on the severity of the disease. The minimum rating will be 30 percent disability.
My husband is way beyond 30%. He has minimal ability to walk (bathroom)- tires very easily and totally planted in his chair. Cannot cut his own food and now is in the choking stage and may need a feeding tube down the road. Actually the progression is becoming more prominent.
I do appreciate the information. I am the only able to handle all of this so the information that I am given is helpful. I did print out what the VA stated in 2008 and the DAV told us today that he may not be eligible for compensation. He is not eligible for heath benefits and pension.
I need to get a Power wheelchair lift and ramps because he is getting to the point of not being able to use the rolator.
Please forgive me for being stupid what is a PVA and VSO?
PVA is another VSO, like the DAV. I believe that you may be entitled to 100% VA compensation, with health care.
Ask your DAV rep why they are not using Final Rule (38.CFR 3.318) dated 11/4/2009. If he reapplied, the rules take effect.
This document adopts as a final rule the interim final rule amending the Department of Veterans Affairs (VA) adjudication regulations to establish a presumption of service connection for amyotrophic lateral sclerosis (ALS) for any veteran who develops the disease at any time after separation from service. This amendment implements the decision by the Secretary of Veterans Affairs to establish such a presumption based on a November 2006 report by the National Academy of Sciences Institute of Medicine on the association between active service and ALS.
CFR Rules on ALS
And here is a BVA Appeals Case
There is no reason your husband shouldn't get his rating quickly. Vets with ALS are suppose to get it as soon as possible due to the nature of the disease. He should be eligible for a wheelchair, and many other aids. We used a PVA, Paralyzed Veterans Association, representative because they seem to have processed many of these claims. From start to finish the process took six weeks.
It would not be reapplying since they have lost all of his information from when he originally applied. We never received a denial letter either.
If my husband is due compensation then that would be helpful. We need to get access ramps and a power chair lift for the back of the car and I will pursue that also. We cannot afford a lawyer but I will do whatever it takes to get the assistance he needs. Unfortunately I work, not far, but I have to so I can only do so much.
If the DVA is not getting this moving, the use someone else. As for loosing it, if the DVA filed as your rep, they should have delivered it and have a copy.
No the DVA did not file it originlaly we did. I have to try to locate the paperwork. Since my Mom has passed - working on her paperwork I may have misplaced it. Anyway I am going to call the VA to see if they have anything on record being filed.
I am very greatful for all the help. With me doing this and being Florida you have to pull teeth to get something done. The guy from the DAV yesterday did not sound hopefull at all. But I am going to get a letter from the Neurologist and the MDA (We see their doctor also) in reference to my husband.
Best bet is Monday is get it filed. You can then give them the other documentation. This is an easy case based on Federal Regulations, and should be resolved quickly. ALS is presumptive - that means if you get it and have served, it is considered service connected. Also, I believe they decided that all ALS cases are 100%, given the quickness of the deterioration.
This is based on a rule that is due to take effect this month. I went back and found an old topic I worked on ALS.
This is the proposed rule:
Sec. 4.124a Schedule of ratings--neurological conditions and
* * * * *
8017 Amyotrophic lateral sclerosis............................ 100
Note: Consider the need for special monthly compensation.
One last thing - where in Florida are you located? Please print this out and give it to the DAV rep.
You have been more than helpful. I thank you so much for all of the information that you have given us.
I will let you know how we make out.
We are located 30 miles west of Orlando just above a town called Clermont. Groveland (annexed from Clermont) Trilogy Community by Shea.
So you are using the Orlando DAV VSO?
They are in Leesburg, FL, Florida Chapter. I guess you can call them that.
I am praying that the Lord will guide the VA and us in the right direction. He is giving me the strength right now.
If that is the case, this person is not a VSO, but a chapter Rep. They are not the right person for the job. You want one of their National Service Officers.
1000 Legion Place, Suite 1550
Orlando, FL 32801
To send an email http://dav.org/veterans/SendNSOEmail.aspx?ID=E5
The Leesburg individual is a Chapter volunteer and will not know the laws and regulations in the same manner as a National Service Officer, who is a tenured professional in veterans claims and law.
Please contact the national service office as Dave has indicated, it is important you get the right help, and the DAV National Service Office personnel do the actual representation and counsel regarding claims. The claim for ALS will be granted based on the presumptive regulations provided.
On behalf of DAV, I apologize for the confusion in the matter. Please let our NSO personnel know who you talked to, so they may correct the informant.
"Building better lives for America's disabled veterans and their families." Ne Desit Virtus-Let Valor not Fail
VA conceded ALS for honorably discharged veterans in 2008. You need to contact a VSO as soon as possible.
Here is the topic:
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
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