From:
Brenhay@aol.com [mailto:Brenhay@aol.com]
Sent: Friday, March 11, 2005 8:30 PM
To:
colonedan@worldnet.att.net;
Subject: Please pass on!! IMPORTANT TO LET OTHERS KNOW!! BRENDA
Just received this e-mail that indicates more birth defects on the paternal side have been awarded.
As follows:
Another birth defect service connected
Dear Paul and Mike,
This morning I received a call from Ken Cook a Vietnam veteran from Idaho, who I have worked with since 1999 in trying to get his son Michael's condition service-connected. Michael is severely impaired due to a condition called Dandy Walker Syndrome, which means cystic structures in the brain. Ken reported the good news that Michael has been service connected under the spina bifida payment program and awarded the highest classification rate which will provide $1440 a month over Michael's lifetime.
This is a monumental decision because it expands the definition of neural tube defects to include conditions other than just spina bifida.
According to the reviewing neurologist, Dr. Genet D'Arcy,
"As a neurologist, I would have to state that it would be my opinion that neural tube defects felt to be etiologically related to a teratogen should all be included and not just one, as that does not make embryologic logical sense. As Dandy Walker is, by most authors felt to be a neural tube defect, it would be the opinion of this examiner that if the child carries this diagnosis that he does in fact have a neural tube defect and therefore has an analogous disorder to spina bifida. ...Dandy-Walker is, in the opinion of this examiner, a neural tube defect and therefore, it is as likely as not that he (Michael) is warranted for compensation on the qualification as a diagnosis related to spina bifida and presumed Agent Orange exposure on the part of the father while serving in Vietnam."
In this opinion, other neurologic conditions including lissencephaly, microgyria and agenesis of the corpus callosum are also mentioned as related to Dandy Walker cysts and thus within the spectrum of neural tube defects.
In another case, Michele Jones versus Prinicipi (00-669), a paralyzed Vietnam veteran won compensation for his daughter who was born with encephalocele, also a neural tube defect.
We need to get the word out to the veteran community about these awards so that other families with qualifying children can apply for compensation.
Kelley
Note from ColonelDan.. here are some more cases on spina bifida
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http://www.va.gov/vetapp04/files3/0427726.txt 25%
Citation Nr: 0427726 Decision Date: 10/06/04 Archive Date: 10/12/04 DOCKET NO. 38 U.S.C.A. § 1805(a); 38 C.F.R. § 3.814(a). 38 U.S.C.A. § 1802; 38 C.F.R. § 3.814(c)(3).
http://www.va.gov/vetapp04/files2/0411145.txt 25%
Citation Nr: 0411145 Decision Date: 04/28/04 Archive Date: 05/06/04 DOCKET NO. 98-08 804A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUE Entitlement to a monetary allowance as a child, born with spina bifida, of a Vietnam veteran. 38 U.S.C.A. §§ 1802, 1905, 1821, 5107(b) (West 2002); 38 C.F.R. §§ 3.102, 3.814 (2003).
http://www.va.gov/vetapp04/files/0402695.txt 24%
Citation Nr: 0402695 Decision Date: 01/30/04 Archive Date: 02/05/04 DOCKET NO. 01-03 713A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to monetary benefits under 38 U.S.C.A. § 1805 for spina bifida in a child of a Vietnam veteran. See 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107 (West 2002); 38 C.F.R. §§ 3.102, 3.159, 3.326 (2003).
http://www.va.gov/vetapp04/files3/0421724.txt 24%
Citation Nr: 0421724 Decision Date: 08/09/04 Archive Date: 08/17/04 DOCKET NO. 38 U.S.C.A. §§ 1805, 5107(b) (West 2002); 38 C.F.R. § 3.814 (2003). Send such a motion to the address above for the Office of the Senior Deputy Vice Chairman at the Board.
http://www.va.gov/vetapp04/files3/0423505.txt 23%
Citation Nr: 0423505 Decision Date: 08/25/04 Archive Date: 09/01/04 DOCKET NO. Little Rock, Arkansas THE ISSUES 1. Entitlement to an evaluation in excess of 10 percent for spina bifida occulta at S-1, with low back strain. 183 (2002); see also 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A and 5107 (West 202); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2002).
http://www.va.gov/vetapp04/files2/0412468.txt 23%
Citation Nr: 0412468 Decision Date: 05/13/04 Archive Date: 05/19/04 DOCKET NO. 38 U.S.C.A. §§ 5108, 7104 (West 2002); 38 C.F.R. §§ 3.156(a) (2001), 20.1103 (2003). 38 U.S.C.A. §§ 1110, 1111, 1131, 1153, 5107, 7104 (West 2002); 38 C.F.R. §§ 3.303, 3.304, 3.306 (2003).
http://www.va.gov/vetapp04/files3/0427375.txt 22%
Citation Nr: 0427375 Decision Date: 10/04/04 Archive Date: 10/12/04 DOCKET NO. 03-18 203 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida. Send such a motion to the address above for the Office of the Senior Deputy Vice Chairman at the Board.
[Non-text portions of this message have been removed]
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
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