VA Claims for Peripheral Neuropathy – CLAIMS ARE NOT RESTRICTED TO ONE YEAR AFTER AGENT ORANGE EXPOSURE!

I've had so many conversations with veterans complaining that VA refuses their disability claims for delayed onset peripheral neuropathy. Theylling me that VA insists peripheral neuropathy (PN) is only covered if diagnosed within a year of Agent Orange exposure.

WRONG. But also just partly right: VA does have a presumptive disability for early onset-peripheral neuropathy diagnosed within a year of exposure. PN can also be claimed as a secondary disability from diabetes, and diabetes is a presumptive illness and that claim easily established. Very few veterans had early PN diagnosis because it most often develops over years.

But in no way does having PN diagnosed later in life prohibit PN disability claims based on what VA terms "direct service connection." 

Put simply, direct service connection means a little more work convincing VA that, more likely than not, your peripheral neuropathy developed as a result of Agent Orange exposure regardless of the disease onset. You do this with a physician's nexus letter, which hopefully cites some of the many medical articles showing PN onset years and even decades after leaving military service.

Here's one such article, and it mentions PN developing 25-30 years after exposure:

de la Monte SM, Goel A. Agent Orange Reviewed: Potential Role in Peripheral Neuropathy and Neurodegeneration. Journal of Military Veterans Health. 2022 Apr;30(2):17-26. PMID: 36785586; PMCID: PMC9920643.

If needed, here's a helpful guide for submitting direct service connection and secondary condition service connection claims.

Newest Claims Project: Peripheral Neuropathy

 I've drafted a sample VA disability claim for peripheral neuropathy as SECONDARY to diabetes. Vietnam War and C-123 veterans are presumed exposed to Agent Orange and already get service connection for diabetes if diagnosed. The effort here will be to illustrate how a veteran can get service connection by using diabetes type 2 (and other causes) and then peripheral neuropathy as a secondary issue.

Many vets have complained that their peripheral neuropathy claims long after Vietnam are denied due to VA's one year for symptoms requirement – this effort is an alternate approach using peripheral neuropathy as secondary to another illness or injury already recognized by VA as service connected. It’s for anyone, not just Agent Orange folks. Many other ailments are associated with peripheral neuropathy and if you have PN, you'd be wise to investigate.

VA Disability Claim Form VA 526EZ now includes Agent Orange C-123 details

 Reference VA Form 526EZ disability claim form.

I hadn't noticed but Veterans Benefit Administration now includes C-123 veterans in their Agent Orange exposure section. BTW: if you haven't checked with VA for their full range of toxic exposure disabilities, do so NOW!

VA 526EZ, Section IV EXPOSURE INFORMAON

VA Reevaluates Peripheral Neuropathy & Agent Orange Links

VA to Re-characterize Chronic Peripheral Neuropathy as Presumptive to Agent Orange Exposure (from NSN Today)

Posted August 24th, 2012 by LtCol Eugene B Richardson, USA (Retired) BA, MDiv, EdM, MS (from 

Causes of Peripheral Neuropathy

By Eugene B. Richardson, M.Div., EdM, MS

President of the Network for Neuropathy Support, Inc.

The Federal Register dated August 10, 2012, notes that the Veterans Affairs Administration (VA) proposed substituting early-onset peripheral neuropathy for acute and subacute neuropathy (est. 2004) on its list of diseases presumed to be related to Agent Orange (AO) exposure.  The public comment period on the proposal is open until October 9^th.

I encourage and plead with everyone reading this article to PLEASE go to the Federal Register link and comment for the government record.

This means that the veteran exposed to Agent Orange, who can prove that they were stationed in Vietnam or Korea, who had symptoms at least 10% disabling as defined by the VA within one year after exposure, would be approved for service connected compensation and treatment without having to prove the connection between Agent Orange and Chronic Peripheral Neuropathy.

John Harris - his VA Peripheral Neuropathy Claim Experience

John writes: My Peripheral Neuropathy story is this; I had numbness in one foot. I thought it was the result of knee replacement surgery. I had a neurologist perform a series of nerve tests. At the end, he asked, "Do you have Diabetes?" I said no, I had always had normal blood sugars. I then tested for diabetes and sure enough, my blood sugars were above  the VA limit for diabetes. I went to my primary care doctor and he put me on prescription medication for the diabetes  (Metformin and Glipizide) and Cymbalta for the Neuropathy. He diagnosed the Neuropathy as being caused by the  Diabetes.  I applied to the VA for a rating for both AO related diseases. As I had been based in Thailand flying F-4's I was denied because I had not set foot in Vietnam. I appealed and provided proof that at one time I had been at  Danang for 2 hours, I was given disability ratings for both  AO presumptive diseases. Subsequently the VA has added  the bases in Thailand to the list of places sprayed by A.O.  but will only approve claims from veterans whose duty was  at the perimeter fences. I guess Agent Orange didn't blow  toward the flight line or barracks for some reason. Bottom line, comply with Title 38 requirements, have a  nerve conduction study done, have a diagnosis of both  diseases, get medicated, file your claim and win. (If you  set foot in Vietnam or were a Security Guard in Thailand.) There is no such thing as too much research when it  comes to fighting the VA. Keep in mind that Title 38  specifies various disability ratings based on your diagnosed medical condition, all the way up to 100%. Make sure you are familiar with the Regulation and list ALL of your problems in your claim. John Harris, 731TAS

Agent Orange & Peripheral Neuropathy

What is peripheral neuropathy? 

Peripheral neuropathy is a nervous system condition that causes numbness, tingling, and muscle weakness by involvement of the peripheral nervous system, that is, nerves outside the brain and spinal cord.

Why are Vietnam veterans concerned about peripheral neuropathy?  Does Agent Orange/dioxin cause it?

Agent Orange & Peripheral Neuropathy

After the Foundation for Peripheral Neuropathy carried a note about our Agent Orange & C-123 connection, I wrote them asking for advice helpful to our flyers. Here is the on-target advice from a Vietnam veteran who's already gone this route. Consider his approach...I can think of none better as we submit our VA claims. One important point about peripheral neuropathy...it must be acute and it must evidence within one year of exposure.

In my case, I had burning sensations severe enough that, while still flying the C-123, I had two operations to sever nerves in my left leg to stop the pain, thus meeting the timing requirement for symptoms. Let us all know how your own complaints get received by the VA!

Eugene Richardson gene@neuropathysupportnetwork.org to brenda, Dominick, me show details 6:49 AM (1 hour ago)  Wes Brenda at the Foundation for Peripheral Neuropathy sent me your request regarding exposure to Agent Orange and Peripheral Neuropathy and fighting with the VA. As a retired Vietnam Veteran 67/68 I fought with the VA for six years and finally received 100% disability due to exposure to Agent Orange that in all PROBABILITTY resulted in my symptoms of PN!   Others have fought the same battle and won. The secret is to have a Neuromuscular Neurologist familiar with PN to run all the tests possible and rule out all other causes.   In this way via an AFFIDAVIT from that doctor, he can state that since all other causes have been ruled out, there is a very HIGH probability that your diagnosis and symptoms from PN are due to your exposure to Agent Orange. Refer to the research at the University of Pennsylvania School of Vet Medicine, published in the findings of the IOM December 2009, stating in essence that dioxin is a toxin and a carcinogen of the worst order, causing previously unknown damage to the very cellular structure of the human body and even the VA acknowledges that it causes Peripheral Neuropathy. Go on my website at www.neuropathysupportnetwork.org and first ORDER the FREE DVD at the ORDER DVD tab.   Second, go to the VETERANS/AGENT ORANGE tab read what it says about Agent Orange and PN, then at the VERY BOTTOM of this page there is a booklet to download.  In this booklet there are samples of cases won in regard to PM/Agent Orage, and sample affidavits that I used. If you have someone write up a draft affidavit for your doctor to use, that is better, as no doctor has the time to do this for you. Make sure you only use facts from your medical record that the VA has or will have. After all of this go to the FAQ tab and read all the questions and answers as you will learn much.  Remember some Neurologists support the fact of chronic neuropathy due to Agent Orange Exposure and other support only the Acute forms, and others deny everything.   It is important to know that the amount of Clinical training in the diagnosis and treatment of the neuropathies is in its infancy and few have been sufficiently trained.   If you read Dr. Latov’s book (RESOURCE tab) on the causes and some treatments, you will know more than many of them but do not tell them this.   Just use your knowledge to GUIDE them by asking questions that they can explore with you by testing.  When you have done all of this, please let me know when you have other questions. If you have a website we can send you a LINK ICON to the website for other veterans. I have attached an endorsement on the DVD and WEBSITE from professionals and ALL  of the endorsements are in the NSN TODAY tab on the website. Col Gene EUGENE B. RICHARDSON, BA, MDiv, EdM, MS (Counseling) LtCol, USA (Retired) President, Network for Neuropathy Support, Inc., dba Neuropathy Support Network Advisory Board Member of The Neuropathy Association, Inc. Volunteer Patient Support and Advocate Disabled American Veteran Visit The Neuropathy Association, Inc., at www.neuropathysupportnetwork.org

Foundation for Peripheral Neuropathy - Notes C-123 Agent Orange Concerns

from the Foundation for Peripheral Neuropathy:

Agent Orange and the VA:

September 2011: Westover Vets Fight for Agent Orange Benefits

An Air Force reserve squadron out of Westover Air Force Base in Massachusetts, is finding some curious coincidences among the veterans who served with them. C-123 Provider planes used to spray Agent Orange during the Vietnam war were reassigned to domestic mission in the US. Dozens of these reservists have now been found to be sick - cancer, diabetes, heart disease, peripheral neuropathy, and other illnesses. Members of the 74th Aeromedical Evacuation Squadron are now trying to get the VA to recognize that the crews who manned these 'spray planes' statesie were exposed to lingering Agent Orange contamination and should be included for benefits like those who went to Vietnam.

Read more

Source: New Haven Independent

August 2011: Agent Orange Exposure Caused Wide Range of Ailments

The VA has recognized various types of neuropathy as a 'presumptive disease', meaning they are related to qualifying military service without proof. To find out if you qualify for benefits, this article will help simplify the VA criteria and provides a link to their website. .

Read more

Source: The Leaf Chronicle