Agent Orange Presumptive List

Question:

Hi Jim, Just heard that Hypothyroidism was added to the Agent Orange presumptive list. I will now file a claim. My VA health file in 2015 reflects Hypothyroidism. Will I receive retroactive pay back to that date? Thanks.

 

Jim's Reply:

That's not quite correct. Hypothyroidism hasn't yet been added to the list.
 

What you're reading is about the legislation occurring that has the potential to add 3 presumptive conditions to the list. At this stage of the legislative game it will be a long way into the future before this is approved, if ever. Then it has to pass over many other hurdles before it's a reality.
 

Personally, I believe that Congress and VA are done with adding any more conditions to the AO presumptive list. The debate rages on in DC because that's what politicians do and that confuses a lot of vets who think a benefit is coming when it's only politics as usual.
 

To specifically answer your question: No, retroactive pay is only available to the date you file a claim, not the date of the onset of an illness or condition.
 

There is an option. I believe that there is a significant link or nexus between diabetes and hypothyroidism. Diabetes is a presumptive condition to the Vietnam veteran and a link is easy to establish between the two. In other words, you may be able to claim hypothyroidism as a secondary condition to a service connected diabetes. 
 

To do this requires a review of your complete medical records by an expert disability physician who may then write an IMO...an Independent Medical Opinion...that supports the idea that the two are linked.
 

You can learn more about how an IMO works here.
 

You can better prepare yourself for dealing with this particular issue at VA by searching BVA decisions that are similar in kind to your situation. Click here and enter key words <hypothyroidism diabetes> and search those decisions by year.
 

The results that are returned to you will give you an idea of how to go about your own claim. BVA decisions are not precedential, you will still have to follow every step of the process to win the claim.
 

Finally, a cautionary tale. I've recently managed a similar claim and learned just how devastating the combo platter of diabetes and hypothyroidism can be. Please ensure that your health care providers are aware of both conditions and look for any signs or symptoms of one or the other getting worse. Good luck!