Service Connection Restored: Winning VA Claims for Vietnam Veterans and Beyond

The VA sends these letters when it believes a mistake was made in the original decision to grant benefits. Specifically, a "clear and unmistakable error" suggests an undebatable mistake. If the VA's assertion is correct, they are within their rights to sever the service connection. For veterans facing this situation, it's important to understand the steps involved in overcoming these challenges.

Hypothyroidism Linked to Agent Orange - Two Successful VA Claims

Agent Orange exposure has been linked to a variety of health conditions, including hypothyroidism. Many Vietnam veterans who served boots-on-ground in Vietnam have been granted presumptive service connections for hypothyroidism due to this exposure. However, the VA can sever the connection if it finds another intervening cause for the condition.

In these two cases, veterans who developed hypothyroidism after their thyroid was removed due to thyroid cancer faced the VA's severance action. While initially granted benefits under the presumption of Agent Orange exposure, a review revealed that the hypothyroidism stemmed from the thyroidectomy, not directly from Agent Orange exposure. Consequently, the VA deemed the original service connection an error.

Steps to Contest Severance

When the VA moves to sever service connection, veterans don't have to accept it passively. Here's a methodical approach based on our experiences from these cases:

1. Identify Alternate Routes: Since the direct link to Agent Orange was negated due to the intervening cause (thyroid cancer leading to thyroidectomy), an alternative service connection had to be established.
2. Seek Professional Medical Opinions: In both cases, independent medical opinions played a vital role. An oncologist reviewed the medical records, and in one case, determined that the veteran likely had the thyroid cancer while still on active duty. This substantiated a direct service connection for the thyroid cancer itself, rather than the secondary hypothyroidism.
3. Explore Service-Related Exposures: In the second case, where an oncologist couldn't directly link the cancer to Agent Orange, another route was identified. The veteran had extensive exposure to Aqueous firefighting foam during service, known to cause thyroid cancer among other health issues. Establishing this link proved to be essential in maintaining the service connection.
4. Respond Promptly: Upon receiving a proposed severance letter, respond swiftly with medical evidence and any new findings supporting continued service connection. This might involve obtaining detailed nexus opinions from medical professionals.
5. Legal and Advocacy Support: One critical takeaway is the importance of having experienced legal representatives or veteran advocacy groups who are well-versed in handling such cases. Their expertise can be invaluable in navigating the complexities and procedural nuances of the VA system.

Facing a severance notification can be daunting, but it's important to know that there are ways to fight it. Both veterans in these two cases ultimately retained their benefits by establishing a different pathway to service connection. The key is prompt action, gathering robust medical evidence, and possibly seeking legal support to present a compelling case. If you receive a letter from the VA regarding severance, stay calm, review all your options, and take the necessary steps to protect your benefits. Remember, persistence and professional help can make a significant difference in the outcome. Questions? Reach out to our team, who are here to help: https://calendly.com/vetlawoffice