Retro Pay Denied

[PAART]

I would like to say hello to everyone. I have been reading all the post to this forum and have received a lot good information.

I received my claim approval for prostate cancer on November 23, 2010 and agree with the rating of 60%, but my problem with this is that I didn't receive retro pay back to my initial claim which was denied in 2001. I appealed this decision during the next couple years 2002 to 2004 and still was denied. I was originally denied based on I could not prove I had boots on the ground in the Nam. Through my searching the internet concerning this issue (Agent Orange) I found out that the boots on the ground in the Nam had been modified to include Security Policemen who served in Thailand during 1967 and 1968. How can the VA justify not paying the retro pay I think due me from March 2000 when I was diagnosed with prostate cancer. Anyone have any Idea about how to appeal for this retro pay. I have used the VA hospital since my discharge in 1970. I have only used VA medical system for all my illnesses. All medical operations performed on me has been at the VA hospital. Will I have any success with trying to obtain this retro back to March 2000.

[jbasser]

I would have to actually see the see the award lettter to determine t heir reasons and basis for the decision.

If you were approved and you did have Boots on the ground in RVN then you are a Nehmer class member and your claim efffective date needs to be in 2001 as that is the decision date for Nehmer.

I would challenge the ED on an issue like that with a NOD and ask them to reconsider the effective date.

Welcome to Hadit.

J

[carlie]

Kurt Priessman might be a person to help out on this one.

He is the man.

I will send a shout out to him for you, also Berta will probably chime in.

[Berta]

John- I dont know if Kurt is doing one to one on these claims anymore-

As I understand this post- the VA has certainly awarded under the Thailand C & P AO directive yet failed to award the proper retro-

I would ask them to reconsider along with a copy of the C & P Thailand VA Directive AO link in this topic:

As well as even maybe send them a copy of the CHECO report if you have it.

"How can the VA justify not paying the retro pay I think due me from March 2000 when I was diagnosed with prostate cancer. Anyone have any Idea about how to appea...."

They wont pay to date of diagnosis but under Nehmer they should pay back to any past denial directly for the prostate cancer or if it was listed as NSC in any past denial and was at a ratable level then.

We can help more if you can scan and attach here (cover personal stuff) the actual decision.

[Berta]

Here is link to Kurt's site as to the CHECO Report-

but I dont think you need to send it as I assume they considered the new Thailand C & P directive (which Kurt Priessman was the impetus for) to award you:

http://cid-bdb328182ccb4e51.office.live.com/self.aspx/Project%20CHECO%20Reports%20-%20Thailand/Project%20CHECO%20-%20Base%20Defense%20in%20Thailand%20See%20Highlighted.pdf?ccsf=1#sn_ccCommentCtrl_anch

The C & P VA directive ---- did they refer to that in the award?

[kpriessman]

I agree with both Berta and John. First, I'd like to see the sequence of the claim and whether they somehow "closed the claim". If not, I would look at what their logic was for assigning a particular effective date. Berta, if my memory serves me correctly, Nehmer is not ablout boots on the ground, it's about AO and the right to retro, so in my mind it doesn't matter where the exposure was, Nehmer still applies. In lieu of a request for reconsideration, I might suggest a call to the Senate Veterans Affairs Committee stating your case and an immediate request for DRO.

John- I dont know if Kurt is doing one to one on these claims anymore-

As I understand this post- the VA has certainly awarded under the Thailand C & P AO directive yet failed to award the proper retro-

I would ask them to reconsider along with a copy of the C & P Thailand VA Directive AO link in this topic:

As well as even maybe send them a copy of the CHECO report if you have it.

"How can the VA justify not paying the retro pay I think due me from March 2000 when I was diagnosed with prostate cancer. Anyone have any Idea about how to appea...."

They wont pay to date of diagnosis but under Nehmer they should pay back to any past denial directly for the prostate cancer or if it was listed as NSC in any past denial and was at a ratable level then.

We can help more if you can scan and attach here (cover personal stuff) the actual decision.

[Berta]

Thanks for responding to this post dear friend!!!!! You have done more for Thailand vets than you probably will ever know!

I went to the VBM by NVLSP when I replied to this- to assure myself this is Nehmer claim-

I absolutely agree that it is AO exposure and disability that qualifies under Nehmer for any past denials-regardless of where the exposure was if it is proven----

then again- I wish that would be more clearly spelled out----maybe I need to contact NVLSP on that-