[Lou Venema]

I have found a very interesting case that will probably interest our members.

Citation Nr: 1539119
Decision Date: 09/14/15 Archive Date: 09/24/15

DOCKET NO. 11-05 846 ) DATE
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On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio.

This appeal is a case that answers how to get myasthenia gravis as service related. If you can’t find it, let me know and I will send a copy. I found it on the VA website. Contact with a VSO will probably also help.

The VA is no different that the military. Certain words or phrases must be used to establish your point. This is also true in legal proceedings. For the VA, these words are:

1. A Veteran is entitled to the benefit of the doubt when there is an approximate balance of positive and negative evidence.
2. When a Veteran seeks benefits and the evidence is in relative equipoise, the Veteran prevails.
3. that it was his opinion (Personal Doctor) that it was more than likely the Veteran’s myasthenia gravis was related to his military duty.
4. As there is no medical evidence against the claim, and the competent medical evidence of record relates his myasthenia gravis to in service herbicide exposure.

However, these statements from the court record does not mean it would be an easy battle. Most veterans that served in the specified area are also probably eligible for other disability issues and also service-connected ratings.

I know a number of veterans that served with me or during my tour of duty, 67-68. Typical disability ratings are for PTSD, loss of hearing, wounds, high blood pressure, and several others. Check the assumed illnesses caused by Agent Orange since they have been recently updated.  Working through all the disabilities you have attributed to the service and a few appeals; you can start getting some money from the VA.

I would steer clear of an attorney, especially the ones that advertise. Your best bet is a VSO, Veterans Service Officer. I don’t know about all states, but in Indian we have one in every county. Some of those are better than others and they can help you get started.

A second, and better choice, would be to use a VSO from one of the service organizations, like AmVets, VVA, or American Legion. These are free and they will take your case, and if needed, will also handle the appeals. There are the guys that know what they are doing and the VA knows it. If you are near a VA hospital you can find VSOs there too.

I think the most important thing to do is to start applying for disability and get some money coming in, if you haven’t done so already. Remember, if you win your appeal, the payments go all the way back to the date you first filed your claim. I am at 80% which qualifies me a permanently unemployable and qualifies me for 100% disability pay. There is no Agent Orange disability in my profile.

I also found many studies on herbicides like AO and their affect on gMG. Almost all studies that I read found some relationship between the studied herbicide and gMG patients.

Good luck and I hope you can get some help and some disability pay.