3.8.1.4 Special Rules Regarding Non-Hodgkin’s Lymphoma (NHL)
The rules for service connection regarding Non-Hodgkin’s lymphoma (NHL) 797 are slightly different than the rules for other diseases linked to Agent Orange exposure. There are two regulations that provide presumptive service connection for NHL. 798 One of these regulations bases the connection on service in Vietnam instead of Agent Orange exposure. 799 In most ways, that regulation operates the same as the regulations granting service connection based on Agent Orange exposure. However, there are some differences worth noting.One difference involves the definition of “service in Vietnam.” The definition of service in Vietnam is slightly broader than it is for the other diseases listed in Table 3-1 above. For all diseases other than NHL, veterans are required to have either had duty or visitation in Vietnam . 800 Under one of the two regulations providing for service connection for NHL, service members who served in the waters offshore do not have to show any duty or visitation in Vietnam. 801
Second, the effective date rules for an award of benefits for NHL under 38 C.F.R. § 3.313 are more favorable than the effective date rules for an award for an NHL claim based upon Agent Orange exposure under 38 C.F.R. §§ 3.307(a)(6) and 3.309(e). For these reasons, NHL claimants should always cite to 38 C.F.R. § 3.313 instead of 38 C.F.R. §§ 3.307(a)(6)(3) and 3.309(e) when filing a claim. 802
In addition, effective October 23, 1995, the VA changed the rating schedule that is used to determine the level of disability caused by NHL. 803 Prior to that date, NHL was rated according to the same criteria as Hodgkin’s disease, with incremental percentage ratings for varying degrees of disability. 804 Under the amended regulation, NHL must be rated as 100-percent disabling when the disease is “active” or during a “treatment phase.” 805 Thus, a veteran can only be 0-percent disabled or 100-percent disabled by NHL. However, if the disease is not active, the VA must also rate the veteran on the residuals of NHL. 806
Footnotes 797. For the purpose of service connection for this disease, the definition of NHL “includes any diagnosis of a lymphoma (other than Hodgkin’s lymphoma), mycosis fungoides, and old terms such as lymphosarcoma, reticulum cell sarcoma, and Sternberg’s sarcoma.” VBA Circular 21-90-11, change 1, ¶ 2(b) (Jan. 25, 1991).
If you have been diagnosed with NHL, and you have filed claim for compensation or for compensation increases for NHL, AND your claim being held-up or slowed down in processing because of any Haas-related issues, you need to take specific action NOW. Your claim is being held ILLEGALLY and must be immediately released and adjudicated under Title 38 CFR 3.313. NHL is NOT included in the Haas Case.
In a recent ruling, the Department of Veterans Affairs has admitted that any compensation claim for NHL that is being held by the Haas Stay should be immediately released. This ruling came on July 24, 2008 and notification of this ruling is being provided to all Refional Offices under a directive from DVA Headquarters.
If you have any problems in getting your claim immediately removed from the Haas Stay and put back into active status for adjudication, please contact us at navy@bluewaternavy.org.
Here is the ruling (Vet.App. No 08-1760) from the VA which will support your demand for release from the Stay. Because the subject matter regarding Extraordinary Relief is not pertinent to this discussion, those portions of this ruling are blacked out or not included. These four pages will suffice in clarifying the arrangement that NHL cases will be developed under38 CFR 3.313 and removed from the Haas Stay.
Information on the relationship between NHL and CLL can be found at http://assets.cambridge.org/97805218/65449/excerpt/9780521865449_excerpt.pdf
"The Revised European American Lymphoma classi?cation scheme (Harris etal. 1994), which is widely accepted and was adopted by the World Health Organization, considers B-cell CLL and small lymphocytic lymphoma [SLL, a subtype of non-Hodgkin’s lymphoma (NHL)] to be a single disease entity, in recognition of the biologicand clinical similarities between these B-lymphocyte malig- nancies (Harris etal. 1999).
It might also be of interest to note that, when the VA filed its Notice of Proposed Rulemaking to change the definition of "Service in Vietnam," they included this statement:
"For the same reason, we propose to amend 38 CFR 3.313 to specify that the definition of ''service in Vietnam'' therein applies to that section only. In addition, we propose to amend the title of §3.313 to read, ''Presumption of service connection for non-Hodgkin's lymphoma based on service in Vietnam.'' The definition of ''Service in Vietnam'' in §3.313(a) will remain unchanged. We are not making any substantive change to the regulation by these revisions. The intent of the term ''Service in Vietnam'' in §3.313 is completely different from that which was intended in §3.307(a)(6)(iii). "
So the situation revolving around NHL is indeed quite different than other issues of Agent Orange and presumptive exposure.
The VA has produced this report, dated May 14, 2003 regarding the inclusion of CLL in the PRESUMPTIVE category. But you should be considering filing CLL as NHL claims, which are processed immediately for sailors and are NOT SUBJECT to the Haas Stay.