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Ao Hbp Clarification


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#1 Berta

Berta

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Posted 28 June 2008 - 09:07 AM

Guidance on Claims Involving Hypertension Based on Herbicide Exposure"

"On June 10, 2008, Secretary Peake announced that, based on the National Academies of Sciences (NAS) Institute of Medicine report, there was no evidence to support the presumption of service connection for hypertension due to herbicide (Agent Orange) exposure. In Fast Letter (FL) 08-14, Interim Guidance on Claims Involving Hypertension Based on Herbicide Exposure, released on May 21, 2008, we instructed the field to control these claims using a future end product (EP) 695 maturing on September 1, 2008. This FL is now rescinded.

Effective immediately, please commence processing all claims or appeals involving service connection or dependency and indemnity compensation for hypertension based on herbicide exposure. If a rating EP does not exist, establish a rating EP using the date of the announcement as the effective date (June 10, 2008), or if a subsequent claim is received thereafter, use the date of receipt as the date of claim."

The NVLSP statement is:

"VA Secretary Refuses to Add Hypertension, But Agrees to Add AL Amyloidosis to List of Agent Orange Related Diseases
On July 27, 2007, the National Academy of Sciences (NAS) Institute of Medicine issued its most recent report on its formal review of the scientific and medical literature on health effects potentially related to exposure to herbicides and related materials used during the Vietnam War, Veterans and Agent Orange: Update 2006. A VA task force was formed to review the findings of the report and to make recommendations to the Secretary with respect to adding any additional diseases to the list of diseases currently recognized as being associated with herbicide exposure in Vietnam. Based on the recommendations of the task force, the Secretary announced his decision that the evidence warrants establishment of a presumption of service connection based on service in the Republic of Vietnam for primary AL Amyloidosis. As required by law, a notice will be published in the Federal Register announcing this addition and 38 CFR 3.309(e) will be amended to include this disease.

Additionally, the Secretary has determined there is no evidence at this time to support the establishment of presumption of service connection for any other condition reviewed in the NAS report, including hypertension. Based on this decision, the stay on processing claims for service connection of hypertension as due to exposure to herbicides during service in the Republic of Vietnam is lifted and pending claims are to be resolved based on the evidence of record."

Some months ago there was great confusion over the news that VA was somehow encouraging vets to file AO HBP claims-news in a small Texas Newspaper and no where else-

A vet rep in Texas did a little showboating and presenting this HBP matter in a local Texas newspaper with apparently misleading statements.

I looked into it and Jim Strickland did too-

I guess it all boils down to the fact that HBP can be secondary to many AO conditions,and even to non AO conditions.
It cannot be directly granted due to AO exposure.

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