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Veteran/child Of Nam Vet Exposed To Ao

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Andyman73

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Well, I done gone and did it. I was at Leb. VA for C&P for knee increase. While killing time I spoke with the Enviro. Health rep. Gave her a copy of my DD-214 and my father's. Also a copy of the page of my original VA rating letter that stated spina bifida of S-1. She is excited because I am her very first Child of AO. I also spoke with the Bennies counselor, who put in my AO claim, and officially stamped it as received. I am his first as well. Guess I'm #1, huh? I pointed out to him that my proof is the VA's own X-ray and rating letter!!! He said that the regional office for this type of claim is in FL. And he's got no idea what kinda time line we're looking at, here. She was talking to the other person in the Enviro health office, about medical workups and said that I shouldn't need the same kind that a non-Vet Child of AO would need, since I'm already in the VA's system. I'm nervous and excited to see how this will play out. I hope and pray that the burden of proof has already been met, with their own X-ray, and they accept and qualify my claim.

I wonder if this will then stand as proof for secondary SCD I may be dealing with. I welcome any and all comments. My Dad, on the other hand, is not sure if he wants to put in his own AO claim. Or any of the laundry list of SC and denied SC claims. When I spoke to him, he seemed like maybe he didn't want to face this giant one more time(VA). I think I may have opened a box that has been sealed and hidden in the farthest region of his mind. Just writing this now is making me feel horrible, what kind of son am I, to release that Dog of War in his mind?

Dang...

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Andy,

On the VA website section titled "Benefits for Veteran's Children with Birth Defects," no requirement is shown stating the father must have filed an AO claim before the child can qualify. It states the child with the birth defect must have been conceived after the father first entered Vietnam during the qualifying period.

I agree with PR I would file your claim. I think you will need proof of your father's service in Vietnam during the qualifying period, a certified copy of your birth certificate showing you were conceived after the first day your father entered Vietnam and a medical diagnosis of Spina Bifida.

Keep us posted.

GP

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PR & GP,

I did file the claim, that's how I learned about the paternal link being questioned. It came back from the office that handles this type of claim. But, since you said that, I will call the E.H. office and question the issue about not needing Dad's AO cliam first. I did give them a copy of Dad's DD-214 that clearly showed Nam service.

Andy

PS;

The forms I submitted were my and his DD-214's which has him listed as my next of kin, and his shows RVN service. And a page of my original VA rating letter stating that their X-ray showed spina bifida...Their own X-Ray!!!

Edited by Andyman73
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Definitely pursue this....I too have never seen a requirement that the vet must have filed for AO before the child could.

Besides, many of the AO awards for IHD were awards to survivors like me.The veteran might never have filed an AO claim at all.

My husband had evidence of ischemic heart disease for the entire 6 years he was a PT of the local VAMC,evidence when they first misdiagnosed him He didnt even know he had heart disease or even misdiagnosed Diabetes Mellitus.

I filed for both claims (which were awarded) and one was awarded in 2009,( AO DMII contributing to death) one in 2012., AO IHD contributing to death)

He died 20 years ago.He was in the AO Settlement Fund but that had no impact on his VA claims in his lifetime.

What PR says is true:

"Remember anything a VA employee tells you cannot be held against them and it may not be true."

What the director of my VARO told me recently is so wacky that I let both Ms. Hickey (familiar with my issues)and this time I CCed in Secretary Bob.

What she said, if true, would cause MANY survivors eligible for accrued benefits to get absolutely nothing.

I am going to gripe about this again here because I want everyone to know how ruthless the VA can be when dealing with survivors.
But, I will put this into the DIC forum under Accrued .

I have never gotten a truthful or legal statement ,based on established VA case yet in the past 2 months, after many phone calls from my VARO.

Except when they acknowledged all of my evidence as received and then AGAIN completely ignored it in the CUE award.

.

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Berta,

Should I try to file a claim myself, since I did sit with the benefits counselor at Lebenon VAMC. How do I get around their smoke screen?

Andy

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Me, again.

Something curious going on...I checked my ebenefits to see if there was any movement on my most recent claim, for my knees, which I had the C&P on the first. Here's the strangeness...I clicked the link for my disabilities and it showed my newest claims as received and in reviewing evidence status, as well as my AO/spina bifida claim, also in reviewing evidence status??? But wait...there's more! All the denied cliams are back in reviewing evidence as well!!! I hadn't filed any NOD or appeals, yet. Just yesterday they were showing denied. Opinions or best guesses anyone?

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  • HadIt.com Elder

Me, again.

Something curious going on...I checked my ebenefits to see if there was any movement on my most recent claim, for my knees, which I had the C&P on the first. Here's the strangeness...I clicked the link for my disabilities and it showed my newest claims as received and in reviewing evidence status, as well as my AO/spina bifida claim, also in reviewing evidence status??? But wait...there's more! All the denied cliams are back in reviewing evidence as well!!! I hadn't filed any NOD or appeals, yet. Just yesterday they were showing denied. Opinions or best guesses anyone?

There's no telling why, just guessing! The new claim may have triggered something. Has to do with due diligence and the maximum benefit a veteran is entitled to by law.

Under the "new' regime, an RO might get demerits if a veteran shows (appeal, etc.) that the RO didn't fully consider the totality of the veteran's claims and so forth.

Many of the successful appeals are due to RO's mistakes.

The "call Bob" option usually works well when it's rather obvious that mistakes were made, and can be "administratively" dealt with, rather than via the lengthy and costly appeals process.

What do you think happens when the RO's director or upper management gets a call from the "home office' concerning a claim that the RO dealt with?

(I'd really like to know the answer to that one!)

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