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941 questions in this forum
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My father's claims include new AO presumptives
I have several questions which are at the end of my post, but here is some background information. I got an email from CCK law firm with a link to this Youtube video. It indicates that the National Defense Authorization Act of 2021 was enacted and includes the three new AO presumptives: Bladder Cancer, Hypothyroidism, and Parkinson's-like symptoms (symptoms similar to Parkinson's without actually having a Parkinson's diagnosis). My father served in Vietnam boots on the ground, non-combat, for one year and had a number of ailments arise over time both during and after service. He did file for one musculoskeletal disability in the early 1990s and …
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KbvetAgent
By statute the HR 6395 NDAA for Fiscal year 2021 Sec. 9109 (I)Parkinsonism (J)Bladder Cancer (K)Hypothyroidism will added to the presumptive List. My question iis if filled previously and denied. Under Nehmer Footnote one will it be automatically awarded ?.
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AO vets and Footnote One -Nehmer
There are ten pages of discussion here on Footnote One-iti hard to find the info yu might need so I posted it here: This recent topic here has the main explanation of this part of Nehmer, from email I received from Rick Spataro NVLSP. I will post email addy another lawyer there re: AO claims, when we get a decision that needs their input on the EED. Rick now works on the VBM. https://community.hadit.com/topic/82878-ao-hypertension-award/page/2/
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AO Hypertension award
As you all know the recent Agent Orange Defense Dept Bill does not include HBP. I found another recent HBP due to AO award at the BVA- there are more, and some I already posted here- "In the December 2019 examination, the examiner provided a positive nexus for the Veteran’s hypertension. In support, she explained that according to medical literature, the Veteran’s hypertension is more likely due to his exposure to herbicides during service. She cited a news article that reviewed health impacts between Agent Orange exposure and hypertension. The Board finds this opinion to have probative value. While it was somewhat conclusory as it relies on th…
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Defense Bill will add 3 new AO presumptives
Defense Bill Would Add 3 New Diseases to Agent Orange Presumptive Conditions List | Military.com
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AO Reservists new news
It is under the C 123 AO info: "Were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, or Were assigned as a Reservist to certain flight, ground, or medical crew duties at one of the below locations. Eligible Reserve locations, time periods, and units include: Lockbourne/Rickenbacker Air Force Base in Ohio, 1969 to 1986 (906th and 907th Tactical Air Groups or 355th and 356th Tactical Airlift Squadrons) Westover Air Force Base in Massachusetts, 1972 to 1982 (731st Tactical Air Squadron and 74th Aeromedical Evacuation Squadron, or 901st Organizational Maintenance Squadron) Pittsburgh International Airpo…
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BIG NEWS !!!!!!! AO BWN NVLSP
I have been waiting for this to happen ,wondering if BWN AOs would ever get benefits of Nehmer , and it did happen!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Blue Water AO veterans now have true Equity and will be be given their proper RETRO under Nehmer!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! This is a Glorious Victory, Thanks to NVLSP!!!!!!!!!!!!!!!!!!!!! BTW- I just got the 2020=20121 VBM, and it seems they gave me a very favorable discount. If you are a veteran's claims advocate, this is an important tool to have, when helping veterans. What a Wonderful Victory on the heels of Veterans day next Wednesday!!!!!!!!!!!!!!!!!!…
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VA completes digitization of archived Vietnam-era deck logs
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5529
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Covert Ops- Vietnam
I have been trying to find more info on the Mote V Will case decision ( Fed Cir) that Tbird posted here today. The veteran had claimed he had been in covert operations in Vietnam. In another fairly similar case the BVA stated: "Furthermore, the Board notes that the Veteran and the appellant has continuously and consistently contended that the Veteran served in Vietnam during a period between 1969 and 1975, where he was exposed to the herbicide agent, Agent Orange; however, the appellant noted that the Veteran’s Vietnam service is not disclosed in his military records due to the top-secret and covert nature of his service. See Statement in Support of Claim, …
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Blue Water NAvy AO update
I just got this in emai from CCK- haven't read it yet- It might help someone waiting for a decision on their BWN AO claim:
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Widow AO Okinawa DIC claim
I saw this article in the new News Section Tbird has put here: https://vanews.wpengine.com/ https://www.erienewsnow.com/story/42619109/widow-of-vietnam-era-veteran-appealing-denial-of-claim-by-va In part: "Veterans Affairs states there’s no record of a cancer diagnosis while Richard served in the 1960s nor is there evidence of exposure to herbicides. “They actually want a photo of him standing by this particular plane that he guarded, however, that’s not possible because he was in a high-secured area,” Mary said. So tying the discovery of Agent Orange barrels to where Richard’s unit was stationed is strategic to the appeal." The VA wants…
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Legal Beagles =BVA inconsistency re: HBP and AO ???
I feel like asking the BVA to CUE itself but I dont have a BVA case. There are 3 law judges here . 2 opining on an older NAs report and only one, the third case judge below , knows what he is talking about- as the remand in that third case here calls for the consideration of the 2012 report- Previously the HAS considered a limited and/or suggestive " association of AO to causing HBP- but after the 2010 , they found a "Sufficient" association between AO and HBP In this remand dated 04/28/20 In part it states: "Furthermore, the Board notes that the Veteran has medical trainingIn this remand (dated 04/28/20) "Furthermore, the Board notes t…
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