Thursday, June 02, 2011

VA Issues new rule covering CLL for BWN!

In an addendum to the May, 2011 Compensation and Pension [C&P] Bulletin, the Department of Veterans Affairs has finally indicated they accept the connection between Non-Hodgkins Lymphoma [NHL] and Chronic Lymphocytic Lymphoma [CLL]. As Vietnam Veterans who served in the Blue Water Navy were covered under the Agent Orange Act of 1991 for NHL [But NOT caused by exposure to Agent Orange!] in a special section of Title 38, so, too, can those who have CLL now get coverage.

Here is the citation from the May 2011 C&P Addendum*:

”Under the provisions of 38 CFR § 3.313, Veterans who served in Vietnam, including service in the waters offshore, are entitled to a presumption of service connection for non-Hodgkin’s lymphoma.
We have received questions about the connection between non-Hodgkin’s lymphoma, chronic lymphocytic leukemia, and small-cell lymphocytic lymphoma. Discussions with medical professionals at the Veterans Health Administration (VHA) and with our attorneys at the Office of General Counsel (OGC) led to the conclusion that these diseases should all be considered the same disease for purposes of § 3.313. We will update the manual to reflect this determination.”
*[courtesy of the National Veterans Legal Services Program]

Unfortunately, this comes years too late for many of our Blue Water Veterans, for example, Ex-Intrepid. However, we urge widows and survivors of those who died without benefits because they had CLL not NHL, please restart your claims immediately. If you need help, contact your local VVA, American Legion, AMVETS, VFW or DAV representative and get them to help reopen your claim. VA should pay back to the date of claim, or the date of diagnosis of CLL, whichever occurred later. Most importantly, widow’s benefits [Disability Indemnity Compensation or DIC] should be paid or brought up to date.

Important Note: This coverage does NOT require exposure to herbicides like Agent Orange, but only service in the Vietnam Theater [receipt of the Vietnam Service Medal or the Armed Forces Expeditionary Medal for Service in Vietnam] on the high seas off the Republic of Vietnam [in the Combat Zone].

Please spread the word and waste no time getting the claims opened, reopened or adjusted!


”It is a stain on this nation's honor that the Department of Veterans Affairs has become a deadlier and more difficult adversary to the American veteran than any they have ever faced on a battlefield."-- VNVets

"The concept that Agent Orange, and its effects, stopped dead in its tracks at the shoreline is simply too illogical, and too ludicrous to accept. What does that say about the Obama Administration and his Department of Veterans Affairs?"--VNVets

"With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may achieve and cherish a just and lasting peace, among ourselves, and with all nations." --President Abraham Lincoln

"It follows then as certain as that night succeeds the day, that without a decisive naval force we can do nothing definitive, and with it, everything honorable and glorious."--President George Washington

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