DEPARTMENT OF VETERANS AFFAIRS Department 0' Veterans Affairs 400 18th Street St Louis MO 63103 July 3, 2011 In Reply Refer To: PHILLIP CACIOPIO 331/216 1>hillip Caciepio Dear Mr. Caciopio: Enclosed is 6 "Supplemental Statement of the Case" (SSOC), which is an update to the "Statement of the Case" (SOC) that we previously sent to you. The following information will help you decide how to respond. We encourage you to discuss this with your representative, if you have one. Select one of the following two sets of instructions based on whether or not you wish to have your appeal considered by the Board of Veterans' Apgea Please note, when we refer to a "formal appeal" in this letter, we mean a completed and signed VA Form 9, "Appeal to Board ofVeterans' Appeals," like the one we enclosed with your soc, You may also put the same information in a letter to us, but we recommend that you use the form to make sure you include everything needed to perfect your appeal, By "filing" your formal appeal, we nrearr bringing your appeal to this office and giving it to us, or mailing it to us. 1. [wish to conlinue my appeal to the Bnard or Veterans' Appeals. a. 1 already filed ufurmul uppeaL If you already filed a formal appeal with us, and still wish to continue your appeal, your response to this SSOC is optional. If you wish to respond, you have 30 days from the date ofthis letter to respond. There is no special form to use. You can simply write to us and tell us in your own words what you disagree with in this SSOC and why. Ifyou do not wish to respond, and you do not want us to wait for the full 30 days to expire, you can write to us and let us know that. h. I have filer! my formal appeal yet. What do I need in do? If you have not filed your fomlal appeal with us and you wish to continue your appeal after reading this ssoc, please complete a formal appeal (explained above) and file it with us as soon as possible, You can include with your formal appeal any response that you may have to this ssoc or prior SOC, Please read the instructions that come with the VA Form 9 carefully, particularly the infonnalion about how long you have to file the form, Please note that you can lose Vour riEht to append ifvou do not file your farmnl anneal on time, As a reminder, you may always send us more evidence about the claim you are appealing, but you should not delay filing your formal appeal just because you sent us more evidence, as this will not necessarily extend your time to file a formal appeal. 2. I DO NOT wish to continue my appeal to the Board of Veterans' Appeals. a. I have already filed a formal appeal. What do I need to do? If you already filed a formal appeal, but changed your mind about appealing, please write to us as soon as possible and let us know that you are withdrawing your appeal. b. I have not filed my formal appeal yet. What do I need to do? If you have not filed a formal appeal, and do not wish to continue your appeal, you do not need to do anything. We will close your appeal when the time limit for filing a formal appeal runs out. We hope that the above information is helpful. Sincerely yours, A. Givens Service Center Manager CC: Veterans of Foreign Wars Page 1 07/08/201 1 supplemental Department of Veterans Affairs Statement of the Case Lam Remnamffi" mar or vErER/w sociit smitle NR Phillip Cacloplo For Veterans of Foreign Wars ISSU Service connection for Waldenstrorns macroglobulinemia. EVIDENCE: Statement from you dated June 22, 2009 Excerpt concerning NoneHodgkin Section 1 1, unknown source Article titled Maernglobulinemia from ww mphomainfonet Email from David Pinson. Doctor of Veterinarian Medicine Copies of information from Headquarters, United States Military Assistance Command. Thailand dated November 1, 1969 Chronology of Herbicides in Thailand, unsure ofsoutce Unclassified, A note about the Authorship of the Checo Report VA Form 9. Appeal to Board ofVeterans' Appeals, received June 24, 2009 Memorandum on Herbicide use in Thailand during the Vietnam Era dated January 1L 2010 DRO Hearing request, received October 26, 2009 Hearing Transcript, dated April 1, 2010 Statement from Representative, dated April 1, 2010 Evidence submitted by the veteran on April 1, 2010 at the DRO Hearing to include: Diagnosis of Waldenstrom's Macroglobulinemia from: Physicians Reference Laboratory datcd 4/4/07 St. Joseph's Medical Center dated 4/17/07 St. Luke: Regional Laboratories dated 4/4/07 LabCorp dated 12/3/07 VAMC Kansas City MO dated 9/28/09 to 3/18/10 Copy from Kansas City Star dated June 14, 2008 Excerpt from Merck Manual pages 1120 to 1 129 from The Leukemia and Society on Macroglobulinemia Fact Sheet from the National Cancer Institute on Waldenstrom Macroglobulinemia Article from international Waldenstrom's Macroglobulinemia Foundation Copies of emails from Daniel Hachigian and Neal Makcns Article from on Nonyl-lodgkin's Article from on Macroglobulmemla Summary of Findings Regarding the Association between Specific Health Outcomes and Exposure to Herbicides Used in the Vietnam War, unknown source Supplemental Department of Veterans A ffuirs page 2 Statement of the Case 0m" 07/08/2011 we or mam VA ms soclAt. sEcuerv NR RDA Phillip Caciopio Veterans of Foreign Wars Article from Copy of Congressional lnquiry to Congresswoman Gillibrand dated 12/8/06, unknown veteran's file whose inquiry is in reference 100. Article from Air Force Times: VA lags on Agent Orange research Statement from Anne Wagner, RN, from KC Counselors LLC dated 3/26/10 Report from Alvin L. Young, PHD, dated December 2006 on The History of the Us Department of Defense Programs for the Testing, Evaluation, and Storage ofTactical Herbicides Copy orTacticai Employment ofHerbicides Report, Propeny Houston TX dated December 1971 Copy of Compensation and Pension Bulletin dated August 2009 Pictures submitted by veteran Maps orU--Tapao Airfield Performance Reports ofveteran dated July 20, 1969 to February 4, 1970 and Febmary 5, 1970 lo August 21, 1970 Statement from you dated March 30, 2010 Various Testimonials, Lance Taylor, Dirtyhands, George Markovich, Frank Sayama, Major Copner, and Lt. Col Ewing, Various VBA decisions Necropsies performed on dogs guarding the perimeter at UTAPAO Air orcc Base in Thailand History of the 635'" Security Police K--9 Section, Thailand Statement Vincent Santa Maria dated 5/21/09 Copy ofPen'meter Defense Report at Thailand Statement from you dated March 31, 2010 Operation Ranch Hand Report, by William Buckingham Jr Discharge documents Herbicide Use in Thailand, The Relationship to the Rules of Engagement by Kurt Priessman Herbicides Gulf of Thailand report Report ofTrip to Republic dated September 23, 1969 Glossary Additional Information Submitted by you on August 6, 2010 to include: Statement from Antonio LeonGuerrero dated 7/19/10 Compensation and Pension Bulletin daled May 2010 Statement from Patrick Kiman dated 7/29/10 Statement Dr, Mundis dated 7/12/10 Additional copies ofinfom'iauon previously submitted (not separately identified as this information was provided on 4/1/10) Copy of Court of Veterans Appeals decision, Bastien Shinseki Copies of pictures Supplemental Statement of the Case Page 3 07/08/201 1 Department of Veterans Affairs St. Louis Regimuzl Office Mirror version Phillip Cacioplo not Veterans of Foreign Wars VA mimosa NR Report from Armed Forces Institute of Pathology dated 5/20/10 Newspaper article, UrTapao Raid Fails, dated 1/1 1/72, printed 8/11/10 Personnel file on Antonio LeonGuerrero Memorandum for the Record, by Military Records Specialist, dated l/l 5/11 Response front Army and Joint Service Research Center dated 11/19/10 ADJUDICATIVE ACTIONS: 04r28r2009 06-24-2009 07-02-2009 0141-2010 04-01-2010 04~01r2010 0&0672010 Ol-l5-2011 07082011 The veteran was furnished a Statement ofthe Case outlining actions taken on the claim. Substantive Appeal Received. Statement received from you Memorandum ofRecordr Herbicide use in Thailand The veteran presented evidence and testimony at the personal hearing. Statement and additional evidence received from you at hearing Additional information received from you Military Records Specialist Memorandum Claim considered based on all the evidence of record. PERTINENT REGULATIONS RATING SCHEDULE PROVISIONS: Unless otherwise indicated. the symbol denotes a secllon From title 38 oflhe Code ofFederal Regulations, Pensions, Bonuses and Veterans' Relief Title 38 contains the regulations ofthc Department of Veterans Affairs which govem entitlcmeni to all veteran benefits. DECISIO Service connection for Waldenstrom's Macroglohulinemla is denied, Supplemental Department of Veterans Affirm page 4 Statement of the Case 5' I'm" Regi'm'" 0/17"" 07/08/2011 VA notices scent seeumrv NR not Phillip Cacioplo Veterans of Foreign Wars REASONS AND BASES: Under the authority granted by the Agent Orange Act of 1991. VA has determined that presumption of service connection based on exposure to hcrbicides used in Vietnam is not warranted for any conditions other than those for which VA has found a positive association between the condition and such exposure. VA has determined that a positive association exists between exposure to herbicides and the subsequent development orthe non-Hodgkin's In the statement from your representative received on April 1, 2010 at your hearing, you contend that Waldenstrom's Macroglobulinemia is a form of non-Hodgkin's You also contend that you were exposed to Agent Orange while in Thailand. During the hearing, we noted that Macroglobulinemia is a form of non-Hodgkin's and you have provided medical evidence confirming that you have a diagnosis of this condition. Therefore, we have determined that you do have a covered disease based on herbicide exposure. However, the next step in the verification process is to determine if your servtce tn Thailand qualifies for exposure to herbicides based on the Agent Orange Act. A review ofyour personnel file shows you served from November 4, 1969 to November 4, 1970 at U.Tapao Airfield, Thailand. A review ofyour Performance Reports show your duty was a ground radio equipment repairman You installed, maintained, repaired. and performed preventive maintenance on VHF and UHF radio equipment, R14 Facsimile, Mulrhead Facsimile equipment and their associated circuitry. You received excellent reports, however the specific achievements do not indicate you performed your work along the perimeter. The evidence you provided during your heating and since your hearing concerning your attempt to verify your exposure to herbicides will be discussed. You were a ground radio communication equipment repairman during your period of service in Thailand. You contend that your duties as a repairman took you on the perimeter or within 50 feet of the perimeter. You indicated in your hearing that you worked for one week as an Augmenter to the security forces that protected the base. You also indicate that you were sent on a Temporary Duty Assignment to either U'bon or Udom Thailand Air Bases to work on the K--300A Muirhead Weather Picture Reproducer. However. your performance reports do nol confirm these temporary duty assignments. You provided a statement from Antonio LeonGuerrcro. We have confirmed that Mr. LeonGuerrero served in the same Squadron and that his duties included ground radio equipment repair and a first linc supervisor. His personnel file does not confirm that his duties took him to the perimeter ofthe base, nor does the evidence indicate Mr. LeonGuerrero was in your supervisory chain or command. [n the response received from the Army and Joint Service Records Research Center. they could not verify that you were exposed to herbicides while serving at UrTapao Airfield. Their research Supplemental Department nf Veteran: Affairs page 5 r. i Statement of the Case 0/17" 07/08/2011 our warm Vim Notice scent meme Cacwplo -- Veterans oi Foreign Wal'3 indicates that herbmdes were sprayed in 1964 and 1965 in the coastal area near Pranburi Thailand. UrTapao Airfield is not on the Department ofDefense listing ofherblcide spray areas and test sites outside the Republic of Vietnam. In addition, available histories do nol mention or document any herbicides spraying, testing, or storage at U-Tapao Airfield. The Memorandum of Record based on Herbicide use in Thailand (luring Ihe Vietnam era provided by Compensation Service. is the policy of our office for consideration of exposure to herbicides based on service in Thailand. To support your claim, you have provided numerous excerpts from the CHECO Report and Operation Ranch Hand. The Army and Joint Service Records Research Center consider both those repons when considering your contention. We have also considered the pictures that you sent in. However. the pictures you provided do not confirm that your work took you to (he perimeters on the base. In the absence of verification of exposure to herbicides based on service in Thailand, service Connection for Waldenstrom's Macroglobulinernizi is denied.