We Are Proving That Veterans' Were Exposed To Herbiceds At U-Tapao
I recently had the pleasure to read a Board of Veterans’ Appeals decision that granted my client’s claim for entitlement to service connection for prostate cancer. My client, an Air Force veteran who served at the Royal Thai Air Force Base in U-Tapao during the Vietnam War. The Department of Veterans Affairs (VA) denied his claim because the VA will not concede that all veterans who served at Thailand air bases were exposed to tactile herbicides (Agent Orange). To win service connection for this Oklahoma veteran, I had to prove that he served on the perimeter of the base even though his primary MOS was not security or dog handler. Read the BVA Decision. (To learn more about the importance of the perimeter in your Thailand Agent Orange claim read this)
BVA Determined That the U-Tapao Flight Line Was Serving On the Perimeter
After I had argued at the BVA hearing on behalf of my client, the Board issued a decision in a different case, that determined that working on the flight line of the U-Tapao RTAFB base is the same thing as serving on the perimeter. Although, BVA decisions are non-precedential, veterans can still use them to argue their own cases, whether it is at the BVA or at the VA Regional Office. I did in my case, and still use the decision in every other Thailand herbicide case that I argue.
Thailand Veterans Entitled to Unemployability Benefits (100% Payment Rate)
Almost all of the Air Force and Army veterans who that win their claims based on exposure to herbicides in Thailand, are also entitled to a 100% rating for Total Disability Individual Unemployability (TDIU). Why? Because unemployability (TDIU) is part and parcel of every claim, whether the veteran specifically filed for it or not (read more on effective dates for TDIU claims here).
Most veterans who served in Thailand are suffering from one or more diseases on the presumptive list but have been repeatedly denied by the VA. By the time they prove their claim, their disabilities have likely prevented employment for years. At our firm, if you are not receiving 100% we automatically argue for TDIU going back to the date you last worked, or originally filed for service connection.
You Were Exposed to Herbicides (Agent Orange) in Thailand – You Deserve Compensation
It took two years, a BVA hearing, several written arguments, and the submission of often overlooked evidence, but the Oklahoma veteran who I represented finally won his case. If you are a Thailand veteran and VA has denied your claim, I urge you to take advantage of our free case consultation. Ask for me, Timothy Franklin, and I will personally review it.
Not only should you involve a lawyer when your claim is denied, but you should also hire one who is experienced and knowledgeable in the VA claims process. Talk to us today, fill out a brief form or give us a call (303) 449-773