Agent Orange & Renal Carcinoma

Discussion in 'Agent Orange' started by barbhartle, Apr 29, 2006.

  1. barbhartle

    barbhartle New Member

    Likes Received:
    0
    Trophy Points:
    0
    My husband was just diagnosed with metastatic renal carcinoma. When talking with the VA, I was told that there is a good chance that the fact he was in VN (on an engineering group) that his exposure to Agent Orange could be the cause.

    FYI. I have found an Appeal's Verdict regarding Phouc Vinh with regard to Agent Orange and Renal Cell Carcinoma connection. Here is the citation for anyone actively seeking VA acceptance.

    "Renal cell carcinoma was incurred during active service.

    38 U.S.C.A. §§ 1110, 1116, 5107 (West 2002); 38 C.F.R. §§ 3.102, 3.303(d) (2002)."


    When dealing with the VA, it was a counselor that suggested that his condition was possibly service related. Being service related would give him a bit more money. That will help a little, but I would much rather have my favorite vet.
  2. Hettie16

    Hettie16 New Member

    Likes Received:
    0
    Trophy Points:
    0
    After talking with the VA, what was the next step? My dad was diagnosed with Renal Cell Carcinoma in March 06, the kidney specialist informed him of the connection with agent orange after learning he had served in Vietnam. What's the next step? Any info will be helpful. Thanks!
  3. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Renal cell carcinoma doesn't seem to be on the list of conditions presumptive of AO exposure. Here's the list:

    Agent Orange Presumptive Conditions
    http://www.sanilaccountyva.org/?q=node/26
    Service Connected Disability Claims
    Prostate Cancer

    Respiratory Cancer (cancers of the lung, bronchus, larynx, or trachea)
    Hodgkins’ Disease
    Chloracne
    Multiple Meyeloma
    Non-Hodgkin’s Lymphoma (see list of associated terms below)
    Acute and Subacute Peripheral Neuropathy
    Porphtria Cutanea Tarda
    Soft Tissue Sarcomas (see list below)
    Diabetes Type II
    Disabilities in the children of a herbicide exposed veteran (see list below)

    Common terms associated with Non-Hodgkin’s Lymphomas

    B-cell and T-cell non-Hodgkin’s lymphomas
    Lymphocytic, well, poorly differentiated
    Prolymphocytic
    Hairy cell
    Lymphoplasmacytic
    Immunocytoma
    Plasmacytic
    Centroblastic
    Centrocytic
    Follicular
    Nodular
    Diffuse
    Undifferentiated
    Immunoblastic
    Large cell anaplastic
    Burkitt’s lymphoma
    Lymphoblastic, convoluted, nonconvoluted
    Mycosis fungoides
    Sezary mycosis fungoides
    Lymphoepithelioid
    Angiommunoblastic
    Pleomorphic
    Small lymphocyte
    Plasmacytoid lumphocyte
    Follicular center cell, small, large, cleaved, noncleaved
    Follicular center cell, sclerotic
    Convoluted lymphocyte
    Histiocytic, with, without sclerosis
    Malignant lymphoma, low, intermediate, high grade
    Malignant lymphoma, small lymphocytic
    Malignant lymphoma, follicular
    Malignant lymphoma, diffuse
    Malignant lymphoma, small, large cell, cleaved, noncleaved
    Malignant lymphoma, immunoblastic
    Malignant lymphoma, plasmacytoid
    Malignant lymphoma, clear cell
    Malignant lymphoma, polymorphous
    Malignant lymphoma, epithelioid
    Malignant lymphoma, convoluted, nonconvoluted
    Malignant lymphoma, extrameduliary plasmacytoma
    Malignant lymphoma, unclassified
    Composite lymphoma

    Types of Soft Tissue Sarcomas

    Adult Fibrosarcoma
    Alveolar soft part sarcoma
    Angiosarcoma
    Clear cell sarcoma of aponeuroses
    Clear cell sarcoma of tendons and aponeuroses
    Congenital fibrosarcoma
    Dermatofibrosarcoma protuberans
    Ectomesenchymoma
    Epithelioid malignant leiomyosarcoma
    Epithelioid and glandular malignant schwannomas
    Epithelioid sarcoma
    Extraskeletal ewing’s sarcoma
    Hemangiosarcoma
    Infantile fibrosarcoma
    Leiomyosarcoma
    Liposarcoma
    Lymphangiosarcoma
    Malignant fibrous histiocytoma
    Malignant giant cell tumor of the tendon sheath
    Malignant glandular schwannoma
    Malignant glomus tumor
    Malignant hemangiopericytoma
    Malignant mesenchymoma
    Malignant ganglioneuroma
    Malignant granular cell tumor
    Malignant leiomyoblastoma
    Malignant synovioma
    Malignant schwannoma with rhabdomyoblastic differentiation
    Proliferating (systemic) angiendotheliomatosis
    Rhabdomyosarcoma
    Synovial sarcoma

    If renal cell metasticizes to one of these, it would be connectable.

    You don't need to go this alone. Every Veterans Service Organization (VSO) and some States and Counties has VA certified Service Officers (SO's) that will assist veterans with presenting their claims. Call The Veterans of Foreigm Wars (VFW), the American Legion (AL), the American Red Cross (ARC), the Disabled American Veterans (DAV) Military Order of the Purple Heart (MoPH) or any of the other hundreds of organizations and ask for help filing a claim. It's free and you don't have to be a member.
  4. larryD

    larryD New Member

    Likes Received:
    0
    Trophy Points:
    0
    barbhartle: Where can I find that appeals verdict about renal cell carcinoma. I was diagnosed with the same thing plus transitional cell carcinoma. Had my right kidney removed and part of my left, then the cancer went to my bladder and recieved kemo for that. The VA will not recognize this cancer as being caused by agent orange. I do intend to fight them and I would like to read about this verdict. If you could can you tell me how and where to find it. Thank you and good luck.
  5. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    ISTM, barbhartle made one post a couple mos ago and hasn't been back. She didn't leave us much info on this citation she talks about but from what little info she provides; "Renal cell carcinoma was incurred during active service.", it looks to me the citation applies to a veteran that actually developed the cancer while on active duty and is a direct claim, not presumptive of exposure to herbicide incurred in Vietnam. There's no indication the citation is either a Board of Veterans Appeals decision or one from the Court of Appeals for Veterans Claims. While a CAVC decision might set precedent and require a change in the regulations a BVA decision only applies to the veteran in question. ISTM, both she and you are trying to apply decisions based on direct claims to your presumptive situation.

    Your problem here is that exposure to herbicide is both statutory and regulatory in nature. The statute, 38 U.S.C. § 1116, http://tinyurl.com/2xfjke is the codification of a public law created by Congress. § 1116 does not include renal cell cancer as presumptive. Likewise the regulation 38 CFR § 3.309, http://tinyurl.com/2ggeqs is created by the DVA to flesh out the statute. It also doesn't include renal cell cancer as presumptive of herbicide exposure in Vietnam. You can "fight" all you want about this but the fact remains it isn't an arbitrary decision on the part of the DVA. Congress wrote the law, talk to them about it. The DVA has no other alternative but to deny claims for renal cell cancer based on presumption of exposure to herbicide in Vietnam.

    The fact that you cannot piggyback on a presumptive claim doesn't mean you cannot get service connection at all for any condition not on the list of presumptive conditions. You can file a direct claim in which your doctor will have to say .YOUR. cancer is "at least as likely as not" the result of .YOUR. military service. He must then provide a medically supported rationale substantiating his claims and he cannot rely on your testimony exclusively in making that decision. Anything you tell him must be supported by the evidence of record.

    You can search BVA decisions here:
    http://www.index.va.gov/search/va/bva.html

    .OR.

    You can search the Decisions and Archived cases at the Court of Appeals for Veterans Claims here:
    http://www.vetapp.uscourts.gov/research_court_cases/DecisionsOpinions.cfm

    Click on the link in the left pane for "Case Information"

    I did some brief searches and the only decisions for renal cell and presumptive herbicide exposure I found were denied. I didn't search too hard or too long. You may want to be more thorough.
  6. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    Esophagus Cancer

    I have just been diagnosed with Adenocarcinoma of the esophagus and will undego chemo and radiation for six weeks then a five week break then surgery to section my stomach and make a partial esophagus out of it, My question has anyone had this cancer and:mad: is it related to exposure to agent orange or other toxic chemicals we were exposed to while in nam. Phil A.
  7. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Sorry to hear that Phil, you don't seem to be having much luck lately. That's a shame. But to answer your question, no the VA currently doesn't recognize digestive system cancers as related to herbicide exposure and the latest report from the IOM doesn't support that theory either. The IOM in their Veterans and Agent Orange: Update 2006 (published July 07) say there is "Inadequate or Insufficient Evidence to Determine Association" with regard to esophageal cancer. This is a somewhat more neutral position than the 2004 report but short of the "Limited or Suggestive Evidence of an Association" which is required before the Secretary of Veterans Affairs will consider adding it to the list of presumptive conditions.

    Have you asked NFLINE about this?
  8. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    Thanks TinCan Man for the response I was not sure if the VA or anyone out there new about this dreaded cancer. Again thanks buddy you are always there when someone is in need of info. Phil A
  9. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Oh, yeah. VA, SSA and the MTF's are all well aware of just about any medical condition going. Not much sneaks up on them in that regard. The NAS and IOM have been tasked by Congress to continually investigate possible links to herbicide exposure and to make a report every 2 years. This years report included positive links to Hypertension and AL. The Secretary has yet to add them so we'll wait and see what happens.

    I don't know how old you are but if you are under age 62 you might consider applying for SSDI.
  10. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    I tried to apply for SSDI years ago but was denied for I had to have worked the last five out of ten years before I became disabled. I was a federal employee back then, and now collect a small pension and also rated 100% service connected for five years and hope to live another for the wife to collect it. My fingers are crossed on this type of cancer. Thanks as always TinCanMan. Phil A.
  11. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Yeah, that's me too. Course, now I'm way too old to worry about it. Every time I look at my yearly SSA statement it reminds me I'm not eligible for SSDI because of the 5/10 rule. Nevermind I paid FICA for 22 years. ...but what the hey, how else are they gonna accumulate enough money to pay SSDI to all the greencarders that come over and work for a measley five years.

    Earlier I told you; "You can also get service connection if your non-presumptive cancer metastasizes to an organ that is presumptive." I was wrong about that. I have new information in the form of a Precedent Opinion by the VA Office of General Counsel that says that's not so.
  12. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    I received a call from the DAV but was out and he told the wife that he filed with the VA on my cancer and the regional office is sending a Duty To Assist Letter or form. Any idea what this is TinCanMan ? Phil A
  13. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Yeah, VCAA is The Veterans Claims Assistance Act of 2000 Pub. L. No. 106-475. Under VCAA the VA has a duty to assist veterans with their claim. One of the requirements under the law is the VA is required to ask if you have additional information you might want to submit and to hold your claim for 60 days or until you respond.

    Read the letter and either send in additional info or tell the VA you have none and proceed with your claim. You will get one of these letters every time you send in info. Make sure you return it or your claim processing could be delayed till the 60 days expires.
  14. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    Again thanks, TinCanMan I have sent all required info and all hospital records. I will start radiation and chemo together next Wednesday, but not looking forward to this at all. I had to file it to cover my butt for you never know when they will add to the presumtive illnesses. Thanks Buddy. Phil A.
  15. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    It won't be before Summer 09 when the next (2008) IOM study is released. Keep an eye on the IOM website. They always put new studies on the front page.

    Good luck with the chemo and radiation treatments. Hope it all works out for you. Let us know how things are going from time to time. There are at least a couple other guys in treatment. Perhaps you could compare notes.
  16. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    I would like to speak to the other members in treatment right now. If you know them well enough, please direct them my way for I really would appreciate it TinCanMan. Phil A.
  17. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Not personally, Phil. Just from what I see posted. I'd post a message in the Cancer forum and tell like minded folks you'd like to talk about it. I do know one person personally that has throat cancer and is just starting chemo. I'll point him here.
  18. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Phil:

    Here's another place you might want to visit if you want to get together with others with cancer. http://cancerforums.net/
  19. Phil A

    Phil A New Member

    Likes Received:
    0
    Trophy Points:
    0
    Esophagus Cancer

    Thanks for the responce TinCanMan, I started chemo and I'm in the start of my second week of radiation and starting to feel the nasty side-effects that are going to arrive over the next five weeks, but still optimestic that I might survive this thing from nam and almost impossible to prove it for now. Have you read the good news that parkinson is about to be added to the presumtive list real soon ? Thanks Brother. Phil A
  20. TinCanMan

    TinCanMan Active Member

    Likes Received:
    0
    Trophy Points:
    36
    Well, I certainly don't envy you having chemo and radiation but the good news is that many cancers are quite curable. Thinking back more than a decade ago when I was teaching apprentices, one of my students developed a "lump" in the middle of his chest. Turns out to be cancer. He did the same routine you're starting. Took off from work for 6 mos, came back and finished the program. He's now one of the Shop Foreman and is in line for the General Foreman slot. That had to be 15 years ago. I'm also reminded that one of my current co-workers had Thyroid cancer 5 years ago. They implanted one of those radioactive bullets and he seems to be still in remission. In many cases the prognosis is good. Hope yours is as well.

    Hadn't heard anything about Parkinson's. I do know the Secretary just disapproved hypertension and something that goes by the initials AL. This was based on the findings of the IOM in their Gulf War update for 2006. Where did you read this business about parkinson's? I usually keep close watch on that sort of stuff but didn't even know there was a proposal.

Share This Page