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jcolwell
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Posts posted by jcolwell
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I had a DRO meeting in 4/2013 and still have not heard the results . Iris advises that it has not been transcribed , I selected an informal interview per recommendation of VSO. The informal results ( I was told ) is a one page summary by DRO. A formal interview gets recorded and transcribed ( they said it takes 3 months for this to get done ) and they do send you a copy.
My interview went very well was not negative at all, but he had reviewed my file somewhat. He did not know though I had an ICD .He even asked me if they had removed it . I wish. He loved the DBQ that private physicians had completed. He said he would only look at the appeal issues not any other claims I had pending.
He was sneaky though. He was humorous and engaging but could tell he was looking for the facts . My case was all presumptive type diseases so was about 45 minutes.
I am a Thailand veteran and he brought up the fact that many Thailand veterans claim they landed in VN on the way over from the states, he asked me if I had landed in Vn and of course responded NO. Thought it interesting he brought that up.
Many people recommend formal interview but you then have a record of what you said and what he said etc. He chatted us up but it was not being recorded so he was probably safe to do this. JC
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Hey from Phoenix as well. My claim closed on Friday 27th, got BBE on Saturday. E benefits was showing closed and under explorer I was able to see rating. They appear to have closed, typed up letter, posted , mailed etc on Friday. Would bet first thing Monday they will get mailing done. Congrats,.
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Here is where I got my info back in 2011. I had my IHD with ICD since 2005 Thoughts .
Office of Public and Intergovernmental Affairs
Over $2.2 Billion in Retroactive Agent Orange Benefits Paid to 89,000 Vietnam Veterans and Survivors for Presumptive ConditionsAugust 31, 2011
Printable Version
Need Viewer Software?Over $2.2 Billion in Retroactive Agent Orange Benefits Paid to 89,000 Vietnam Veterans and Survivors for Presumptive Conditions
WASHINGTON – Secretary of Veterans Affairs Eric K. Shinseki announced today that more than $2.2 billion in retroactive benefits has already been paid to approximately 89,000 Vietnam Veterans and their survivors who filed claims related to one of three new Agent Orange presumptive conditions.
On August 31, 2010, the Department of Veterans Affairs (VA) amended its regulations to add ischemic heart disease, hairy cell leukemia and other chronic B-cell leukemias, and Parkinson's disease to the list of diseases presumed to be related to exposure to Agent Orange.
“As the President said to the American Legion yesterday, VA is committed to ensuring Veterans and their families receive the care and benefits they have earned,” said Secretary of Veterans Affairs Eric K. Shinseki. “I encourage all potentially eligible Veterans to apply as soon as possible to preserve the most favorable effective date for payments.”
For new claims, VA may authorize up to one year of retroactive benefits if a Veteran can show that he or she has experienced one of those conditions since the date of the regulatory change.
VA has reviewed, and continues to review, thousands of previously filed claims that may qualify for retroactive benefits under a long-standing court order of the U.S. District Court for the Northern District of California in Nehmer vs. U.S. Veterans Administration.
“VA encourages survivors of Veterans whose death may be due to one of the three diseases to file a claim for dependency and indemnity compensation,” added Under Secretary for Benefits Allison A. Hickey.
Secretary Shinseki’s decision to add these conditions to the list of Agent Orange presumptive conditions was based on a study by the Institute of Medicine, which indicated a positive association between exposure to certain herbicides and the subsequent development of one or more of the three conditions.
Thanks
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I thought I read somewhere back in a April 2011 when I started this effort , that since 2010 C and P was first released in I think Aug 2010 that anyone who filed within the first year of release of 2010 c and p would have effective date 8/1010 for compensation. I believe there has been 3 Thailand C and P thus far. Will make a difference for me 8/2010 versus 4/2011. Thanks experts . JC
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You stated you have a two year old appeal. When was your husband diagnosed with IHD and when was your original claim filed for these AO related conditions? You could be eligible for an earlier effective date on those issues depending on when he was diagnosed as these conditions would fall under the NEHMER quidelines.
If Berta would chime in on this, as she is the NEHMER expert along with many other issues. :)
I would like to add, KOREA WAR veterans exposure to AO LIST is also ever expanding, based on perimeter guard duty, or military police MOS. Any orders or military records either medical and/or personnel, showing service in either in Thailand and Korea, and a Veterans MOS should be looked at very closely. The VA frequently adds more and more units to the list of exposure to herbicides in these two countries. This list is ever changing, the same as the ships list they add to the RVN list for AO exposure, for the blue water Veterans.
A Veteran's statement of perimeter duty, combined with a buddy statement or supporting MOS, CIB badge,Infantry MOS, etc. and/or confirmation by commandng NCO or COs is enough to get SC for AO conditions, even if the records don't specifically say you stood guard on the perimeter. The benefit of the doubt goes to the Veteran. One piece of supporting evidence may be enough to show exposure.- Harleyman
IHD first diagnosed in 1999. Claim filed 4/2011 when we became aware of new VA regs on AO and Thailand. No claims ever filed at VA till 2011. We just did not know. JC
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Totally understand the stress. I gathered dust for one year , had 2 c and p in last 2 weeks , never had one before. They are moving to close as many claims as possible to make data look good at end of sept. My claim closed today . They will probably try to close your claim by Monday 12 mn as that is their cutoff. Good luck ,
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Yes it does, my thoughts exactly. It is just a matter of waiting them out to pick it up. My poor husband is a mess, he keeps checking the e-benefits to make sure it was not an error. He is very deserving as he has IHD and ICD and about 9 things I will fu on after he gets the IHD completed. This will help with his depression more than anything else, As a RN he always asked me why he had so many things wrong with him and no one else did. You have been kind to many on this site and will keep everyone posted. JC and RN
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WONDERFUL NEWS!!!!!!!!!!!
And Thailand AO vets should claim anything they can under the AO regs.
DMII can certainly cause IHD but then again, VA awarded me for AO IHD death and then AO DMII death separately.My husband had both of these presumptives so, an AO vet found with one AO presumptive granted ,should not even have to prove one is secondary to something else or need an IMO.
hope that made sense...
Yes it does, my thoughts exactly. It is just a matter of waiting them out to pick it up. My poor husband is a mess, he keeps checking the e-benefits to make sure it was not an error. He is very deserving as he has IHD and ICD and about 9 things I will fu on after he gets the IHD completed. This will help with his depression more than anything else, As a RN he always asked me why he had so many things wrong with him and no one else did. You have been kind to many on this site and will keep everyone posted. JC and RN
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This was the first group I wanted to share great new with. Several of you know of the struggle of the Thailand veteran to get recognized for herbicide exposure by VA.
Today my husband got 20 % approval for something, we are pretty sure it is DM2. He will get retro for one year. Claim filed 10/2012.This claim was being pushed to complete by Oct 1.
He got this because he was a perimeter guard in Udorn in 1970 for USAF. He job was jet engine mechanic but they pulled him for 30days to be a tower guard. He had nothing in his file to support this claim. However the VSPA had him listed on their website as a augmentee and we also lucked out and located a former colonel who signed his evaluation in 1970 and he provided written letter that he frequently sent guys to the perimeter to help out in 1970.
Here is the Icing: He is still in a 2 year appeal post DRO interview for IHD, GERD and Renal disease. They originally denied his IHD but with DM2 approved as presumptive we expect the others will follow suit.
You guys have allways been supportive in your comments and it made this easier. Will keep you posted.
Jc
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So no joke , closed WED was going up there ? JC
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Heard on evening news last night that claims in LA so backed up they are sending in state workers to help them. I quess 600 day wait. Maybe that is where our VSO C is . He is helping LA. JC
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I consider him fired . I bet if our claims ever get approved he will take credit for it. take care
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They don't give a s..........The Phx VSo we have never met name starts with a C. We have asked for a change in VSO many times , call DAv in DC and they keep telling us we cant change. Judy is the strongest one in the pile. They told us they assign by SS # . I sometimes call my VSO C and ask him to call me back just for fun so I can hear him say " you just nee to be patient". He calls back in about a month. They also told us not to bother IRIS or Peggy for any issues as they will handle everything. Iris has been the most helpful.
. Meeting with Mc Cain office on my appeal at end of month. I don't have a hardship but sounds like you need to call DAV in DC or congressman, advocate to get help. If you could get to Judy and pass that secretary at the desk she will get you on the right track . JC
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I had a question for my VSO rep. the other day and seeing as how he never returns my calls ,I decided to go to the office in PHX and see him.Got there and he wasn't in the office this week so I saw another rep.instead.I had filed my NOD with my VSO over 2 years ago and was told that a hearing would be requested with the DRO at the same time.Guess what?No DRO hearing was requested by my VSO just a review.So now they file a request for a hearing so my question is,am I now looking at another 2 years before I even have a hearing and then waiting forever like everyone else in Phoenix to receive an answer from a review???
I had the same exact experience in Phoenix. I lucked out and met Judy at the office on my visit in 102012. She said I had to put in a writing a request for a DRO interview which she completed for me at sent it in I had no clue it had to be a formal request in writing. . I got my interview in 4/2013. It still sucks as I have not gotten an answer from the DRO person. I have a VSO in the DAV office for over a year and have never met him and he is always out sick......everyone is right. Do it yourself, but we did miss this part for 2 years. Good luck. jc
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thanks. Not a BVA,.
I have RO appeal with DRO interview completed 5 months ago and no decision by him yet. JC
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We have no desire to sit in appeal at RO any longer after 2 years. 2012 claim moved to preparing for decision tonight , so quess will drive over to see my some what not helpful VSO at RO. They just moved date up for completion by 6 months . Wonder why VA staff decided to start working these claims..........must be money involved. Thanks again
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I hope all goes well. I would share that I met with a DRO for my appeal a few months ago, and he commented " oh good you have the DBQ for your Diabetes done ". I think it makes their jobs easier and an outside physician does carry weight with these folks. Good luck JC
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I will try to keep question short. Posting for spouse. Thailand, perimeter guard, Udorn Thailand 1970.
DRO appeal ( IHD with ICD, GERD, Chronic Renal Dis ) 10/2011. Completed DRO interview 5 months .No summary yet per Iris.I am not even sure if it is documented yet.
Regular claim filed 10/2012 ( Depression, ED, DM2, sinusitis ) and a few others.
RO called last week and said they plan on completing my 2012 claim by Nov 1. I had outside DBQ except Depression and Sinusitis. They did 2 C and P last week. I also signed a 5103 in july.
I am very concerned that 2012 claim is now moving very fast and will complete before appeal. many of 2012 contentions are dependent on that appeal . RO stated that once 2012 completed they would send to DRO for completion of entire claim. I am very concerned that they will not coordinate these two claims during rating period. looking for some advise.
Thanks JC
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Login to your Ebenefits.
Go to topic at top " View Status"( hover over it and you will see about 8 or so topics appear )
You should see several choices under this section.
Select Appeal Status
You can click on the date, but for last 2 years my appeal has only said Appeal pending with a long red bar.
My appeal is at RO so no details. Hope this helps
JC
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Copy that I'll ask for a Formal hearing. Man I almost made a huge mistake thanks for the info ASKNOD!!!!!
I don't disagreed with anything noted here. I just wanted to make sure you know they will ask you your choose. I met one hour before the DRO meeting with my VSO to go over everything. If I forgot to mention or cover something. he prompted with questions. I did have an informal interview and did not find it to be adversarial at all. The formal hearing to the best of my knowledge is recorded and a report produced in writing.a couple months later. The informal hearing results in a one page summary by the DRO person. The VSO will plan on attending whether it is needed or not so if you don't want him present might want to give him a headsup. I am sure Mr Asknod knows more than I about the process , but the informal worked for me as the presumptives were discussed a lot. . Main thing is get the request in for a meeting asap. The VSO can educate you on your options. Good luck JC
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I just sent in a NOD on the new NOD form 21-0958 along with a 21-4138 with a complete list of my disagreements to each statement they made for denial on my one item claim decided in Dec 2012. I included some new evidence to support each of my arguements. On the new NOD form I stated I wanted it to be handled by DRO review. It just showed up in ebennies a few days ago, wow only 4 days I submitted it to the Phoenix VARO. But will the VA still send me a letter in 30 days to again state I want a DRO review even though I asked for it on the NOD? Also do I need to send in anouther 21-4138 and state I want to request an informal conference with the DRO per M21-1MR, Part I, Chapter 5, Section C or will the DRO do that automatically in the next year or so? I don't want the NOD sitting around which I know it will for a long time but I thought if I ask for the informal conference now it would push them to get it on the schedule for one.
In Phoenix as well. My DRO was filed 10/2011. I mentioned meeting with them for an interview in my letter but found out a year later that I had to " formally request in writing a meeting with the DRO ". I had my VSO in phoenix do this for me , but what ever you do. SEND A SEPERATE LETTER REQUESTING THAT DRO INTERVIEW. I had my interview 6 months after my formal letter request, and they have not given me an answer. It has been a 4 month wait after the meeting. good luck. Read up on DRO meeting in the regulations. You will be asked if you want a formal or informal meeting. Good luck. JC
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Sounds like "normal" waiting time.
Hopefully not much longer.
I DO NOT often suggest calling the 800 #
BUT
for this, you could give them a call and maybe get some info.
Call and don't mention you had a DRO or anything, just say
you want to verify service connection and evaluation percentage levels,
it may OR MAY NOT, be helpful.
Also, they may say a letter has been sent out.
Thank you for replying. Jim
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Appeal is from 10/2011, DRO informal interview completed 4/2013. Iris reports the one page decision page is not in my file at this time. VSO is not helpful. Should I contact case management or is this a normal wait time. Thanks JC
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Jcowell,
Back in the 60's and 70's (Vietnam era) didn't just about everyone have to pull some kind of perimader guard duty? If you have a buddy letter from your Colonel that is enough for the JSRRC (the specialist at VA to research your unit), if they can confirm you were in the unit at the time allowed for the Udon hebicide exposure, then exposure to AO should be conceded and you would fall in the presumptive category.
Alot will depend on your "personnel" records and what that shows as your unit assignment. If you were assigned there during the VA acknowleged time period. In my opinion, the buddy statement should swing this over in your favor. If they deny you for exposure, I would Appeal, as the decisions for exposure for Koreas, Thailand, some Vietnam, can be subjective decisions. Meaning, two different people looking at the same information can come up with two different decisions, one favoable and one not favorable for rating purposes.
Did VA order any VA exams for you at all?
You said you had your DRO interview. Is this an Appeal?
How long ago did you send in your buddy letter and your medical evidence of diagnosed presumptive conditions?
VA has never asked for a C and P. I have DBQ for all diagnosis submitted Like IHD, GERD, Diabetes, Chronic Renal failure etc . I go to the VA once a year to get my scripts renewed. My private docs run the show and VA follows their direction,.
This is a DRO appeal at RO . Filed 4/2011, Denied 10/2011. DRO interview 4/2013
Buddy letter from colonel sent 9/2012, all medical evidence with DBQ sent 9/2012.
SSDI approved 11/2011
Thanks for your input. JC
Claim Approved On Sunday 29 September!
in VA Disability Claims Research
Posted
On e- benefits , go to Benefits explorer and if approved for anything or rated it will automatically be filled in and tell you if it is P and T etc. located info is on the left side of the screen. This is where I knew what % was but it wont tell you the disease you got approved for until letter arrives. Letters are coming fast in Phoenix. Let us know what you get . JC