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Richard Reeder
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Posts posted by Richard Reeder
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1 hour ago, Richard Reeder said:1 hour ago, Richard Reeder said:1 hour ago, Richard Reeder said:
I looked in VA.gov and it says moved on Nov 21 2019 to Evidence gathering Review and Decision. Decision due April 6 2020
Happy Thanksgiving
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2 hours ago, Berta said:
NVLSP just called me and their lawyer suggested that you file a supplemental claim , and make sure to tell them to apply Procopio and HR 299 you your evidence, (and maybe best to send that evidence in again- as to your deck logs, and as to your diagnosis.
She also said that NVLSP is working on Nehmer as we do need new Nehmer regulations- but I sure hope that does not cause a problem with the VA as these vets need full Equity, they do not need to be treated any differently from incountry vets if they have any AOs, and if there ship was within the 12 mile limit, and they were on it the day of or or any day after the dates that some ship's have , as exposed, in the A0 ship's list.
That is a 20-0995 Supplemental Claim they have. I also submitted the letter the VA sent me along with my DD214, a letter that I wrote telling them of my condition the last almost 10 yrs.. NavSource Online: Service Ship Photo Archive that tell all about the USS Mount Katmai from the time it was commissioned to its Decommissioning. It also tells of all the times the ship was off coast of Vietnam and Korea.I put a map showing the ship was within 12 Nautical Miles of Vietnam on March 14 1970 and them to see ship’s log for March 1970. I also told they already have my medical records to check. HR 299 is reason they are gone to start making decisions on BWV claims on January 1 2020 I really do not see what else they would need. They say a decision would be made between 02-02-20 and 04-06-20.
I also had ED on that 20-0995 claim as a secondary condition of Prostate Cancer. I got a letter telling me to fill out a 21-526EZ for ED which I did and sent in. They asked for a date when the disability began or worsened I put 2-10-10 the date of my Prostate operation.
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2 hours ago, Berta said:
NVLSP just called me and their lawyer suggested that you file a supplemental claim , and make sure to tell them to apply Procopio and HR 299 you your evidence, (and maybe best to send that evidence in again- as to your deck logs, and as to your diagnosis.
She also said that NVLSP is working on Nehmer as we do need new Nehmer regulations- but I sure hope that does not cause a problem with the VA as these vets need full Equity, they do not need to be treated any differently from incountry vets if they have any AOs, and if there ship was within the 12 mile limit, and they were on it the day of or or any day after the dates that some ship's have , as exposed, in the A0 ship's list.
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6 minutes ago, Berta said:
Me too------- I am trying to contact NVLSP at their email addy bluewater2019@nvlsp.org/
I dont know if that addy is working yet- I suggest that you try to contact them at that addy as wel
I am sending a copy of the info you just posted-from the VA ( ebenefits I assume?)
if their email for BWN isn't working yet- I will contact the NVLSP lawyer there directly-
That came from VA site on checking my claims and appeals not ebenefits
I might just call the 800 number of the VA and see what they say. They also said a letter was sent to me. I have not received yet
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6 minutes ago, Richard Reeder said:
The VA has all my medical records and I sent them a map of longitude and latitude in March 1970 showing them we were within the 12 nautical miles. I would have thought that would be all thats needed
Also I still have never had a C & P exam
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12 minutes ago, Berta said:
I am stunned- then again I have never heard of this type of Regulatory or Procedural Review ever....
It might be because of the Stay on BWN AO claims- there should be a procedure to follow when you get the formal letter----
I assume the VA has proof of your AO disability and proof of your exposure on a AO ShIp within the 12 mile limit-and that is what I understood from your posts.
Please confirm that and I will ask my NVLSP contact person about this--------
The VA has all my medical records and I sent them a map of longitude and latitude in March 1970 showing them we were within the 12 nautical miles. I would have thought that would be all thats needed
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On 11/8/2019 at 8:43 AM, Berta said:
The archives there have been of great help to many and the two new site links are there as well.
Please pass on to any Navy veterans you know, who served during the War, that if they have an AO presumptive ,and they serviced within the 12 mile limit of the coast, they will receive equitable processing as with all incountry Vietnam veterans, due to the momentous decisions that past tear ( Procopio and HR 299).
If they were denied in the past for an AO presumptive due to no 'BOG', whether that VA decision was an award for something else, or a denial for the presumptive, the decision should contain a rating, as NSC for the denied AO presumptive ( but it might not) and that decision could potentially bring them a large retro check.
They should check here first to see if their ship is on the AO Ship's list ( but even if it isn't they should dig out their deck logs to see if their ship was within that 12 mile limit during the war.
The October 2019 ship's list is in this forum as well as link to National Archives, if they need their deck logs- because NARA has many, deck logs available, listed by ship, at their site.
The AO ship's list ( Oct 2019) could grow even more and I will post if I get info on that.
If you know of any Blue Water Navy widow, they too should be advised of Hr 299 and Procopio.
VA said ,months ago, they would not be going through claims files that could indicate a veteran would now potentally be considered for AO due to their BWN status- But they ARE doing that- I only hope that if the veteran's file shows they are deceased, that their spouse will be notified with the same type of letter that Navy vets are getting.
I filed the 20-0995 the VA asked for
I looked in my VA claims and appeal and it said
Claim for Regulatory or Procedural review received November 4 2019
November 21 (Status-Evidence gathering review and decision
Details Claim type
Regulatory or Procedural Review
What you claim
Malignant growth of the genitourary system (Prostate Cancer) is denied (Supplemental)
Date Received. November 2019
It also says date of decision April 6 2019
Maybe you can help me understand this.
I have never seen a Regulatory or Procedural review claim on Hadit
Thanks so much
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1 hour ago, Berta said:
It is a frustrating issue because the VA is going through past denials of thousands of BWN claims that hold a AO presumptive listed as NSC, whose ship was within the 12 mile limit ( HR 299) and the deck logs are being sent from NARA to the VA, as I understand this.
But this case and many ( thousands just like it ), is why:
The veteran claimed DMII due to AO exposure:
The veteran had active service from April 1971 to February
1973.
“FINDINGS OF FACT
1. The veteran's service on the U.S.S. Tolovana (AO-64) off
the shore of the Republic of Vietnam did not involve actual
duty or visitation in the Republic of Vietnam.
2. The veteran's Type II diabetes mellitus was not manifested
during the veteran's active military service or within one
year after service, and is not otherwise related to such
service.
3. The record contains no competent evidence indicating that
the veteran's Type II diabetes mellitus is causally related
to his active service or any incident therein, to include any
exposure to Agent Orange or other chemicals.”
ORDER
Service connection for Type II diabetes mellitus associated
with herbicide exposure is denied.
https://www.va.gov/vetapp05/files2/0509767.txt
This case is exactly what the VA is seeking- If the veteran ( whose period of service might support )that it was after May 1971, when he was on the USS Tolovana , he should be receiving a letter from VA soon, advising him of what info the VA needs. He has an AO presumptive.Hopefully the deck logs he needs is in the hands of the VA already.
The USS Tolvana is on the October VA AO ship's list- page 26 of 40 , crew went ashore Phu Quoc, Vietnam May 1971.
Also there has been an incredible push from Vet orgs and others to get the 3 presumptives former Secretary Shulkin wanted, on the presumptive list.
And since the 2018 NAS report on AO found a "sufficient" association of hypertension to AO exposure, that is another factor Secretary Wilkie will consider. ( I hope he does)
I have had responses from past VA Secretarys, most every time I wrote to them, but so far Secretary Wilkie has not responded to my letter regarding not only AO HBP, but also if a veteran has been documented with SC ischemic heart disease that was awarded due to his exposure to AO in Vietnam ( or 12 mile limit) and the veteran has had an ischemic stroke, after the IHD diagnosis, the stroke should be service connected due to his exposure to AO in Vietnam ( or 12 mile limit criteria per HR 299). His office sent a copy of my letter to my VARO. It seems they held back one of my CUEs due to the letter, but I sent both CUEs to Janesville anyhow.
“Are they aware of the internal investigation the VA did? Have
I will look in Mount Katmai AE16 ships log to see if I can help. I remember our ship being refueled by a couple of times by the Tolovana. I have also seen the Tolovana in our deck logs while searching to see if our ship was within the 12 nautical miles of Vietnam. I found where my ship was in 12 nautical miles. Maybe the refueling took place in the 12 nautical miles. I will let you what I find out.
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9 hours ago, Berta said:
"If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. "
With copies of your deck logs and proof of your disability, I would think the RO would put the claim on a hold, until the stay is lifted.
"Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year."
I certainly feel Propocio should and will award many BWN AO claims- but I don't think the VA would award them "this year".
As I mentioned, I was in the Gardner Moratorium ( it was a stay on all 1151 claims.Prior to Gardner, there was a "no fault clause " to many 1151 claims ( 351 claims at that time) but the Gardner incident meant a vet or their survivor would definitely have to proof "fault" and malpractice caused their disability or death.
I proved my husband's 1151 claim with solid proof of malpractice that caused his death, sent with it.But after the stay was lifted the RO still fought me over that claim.He filed it in early 1994, and the RO finally awarded it in 1998-when the General Counsel ordered them too. They had the FTCA settlement papers and everything they needed to award it much soon, but ignored the evidence from the OGC.
My point is , I am a hardcore claimant and know the VA claims system is very adversarial.
Some vets and survivors get through it fairly quickly and others, in spite of the evidence they and the VA has.
If the VARO, with proof of your AO exposure and diagnosis denies your claim again, that is the time to whip out a CUE-and based on what the wording of the denial is, it would be easy to prepare.
But I feel they will acknowledge the claim until the stay is lifted.
Another hold up is also the fact that the BWN AO regulations have not been prepared yet, and that takes time....(it could take some of us AOers here, about 30 minutes to write them) but the VA needs to write and publish them.
On the awards BVA has made already on Procopio- the awards caused a remand, so those BWN vets have to wait as well, even though the were granted AO comp by the BVA.
"The only thing I have about the VA and how it operates is ????????????????????????"
I have accepted the fact that the claims process always was and will be snafued and fubared up the ying yangs, and we simply have to fight back with evidence, and hopefully get a rater who can read.
In my IG complaint ( they - one or two VAROs involved)are working on my audit request, I made the point ,with evidence, of the illiteracy factor that caused me to have many denials, unless it was deliberate poor adjudication, and I also questioned that they cannot even prepare a valid audit ( simple addition, subtraction, and multiplication, )that 3 of my past audits revealed....when they were re -done. Audits involving over 98 thousand dollars, they had to send to me , in 3 major audit errors ,over the past 2 decades.
If they can do that to me, they can do that to any claimant, who might get an award with an audit area and find out it is completely ,erroneous to their detriment.
I
Today I received from the VA CLAIMS INTAKE CENTER a letter saying
Due to a recent law change you may be eligible for VA benefits.
Why we are contacting you
The new law Public Law 116-23, Blue Water Navy Vietnam Veterans Act of2019
• extends presumption of herbicide exposure to service within offshore waters of Republic of Vietnam and
• provides a potential earlier effective date for conditions that were previously denied service connection
How this May Affect You
You we’re previously denied service-connected benefits for an herbicide-related disability, and you may be eligible. You may also be eligible for potential retroactive effective date if VA grants service-connected benefits under new law for an herbicide-related disability you were previously claimed on or after September 25 1985, and January 1, 2020 that was subsequently denied
VA is currently processing claims and will decide these claims based on date of new law. This mean eligible Veterans will be awarded benefits as early as January 1, 2020
Eligibility Criteria
You may apply for benefits if you believe the following criteria are met
1 You served aboard a US Navy or Coast Guard ship offshore “blue waters” of the Republic of Vietnam between January 9, 1962 and May 7, 1975, VA will presume herbicide exposure if your service included:
• Duty or visitation within the Republic of Vietnam itself or
• Traveled on a vessel in the inland waterways of the Republic of Vietnam, or
• Travel on a vessel within the eligible offshore waters as listed in Public Law 116-23.
2 You can provide us with evidence or identify any evidence that we can gather on your behalf such as diagnosis or treatment for one of the conditions noted in 38 C.F.R. S 3.309(e)
I need to submit a VA Form 20-0995
Also if I do not submit VA form 20-0995 the VA will take any action to review my claim
Sounds Good to me.
I understood that the VA was going send BWV who’s Claims were denied in the pass a letter like this.
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4 hours ago, Berta said:
"If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. "
With copies of your deck logs and proof of your disability, I would think the RO would put the claim on a hold, until the stay is lifted.
"Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year."
I certainly feel Propocio should and will award many BWN AO claims- but I don't think the VA would award them "this year".
As I mentioned, I was in the Gardner Moratorium ( it was a stay on all 1151 claims.Prior to Gardner, there was a "no fault clause " to many 1151 claims ( 351 claims at that time) but the Gardner incident meant a vet or their survivor would definitely have to proof "fault" and malpractice caused their disability or death.
I proved my husband's 1151 claim with solid proof of malpractice that caused his death, sent with it.But after the stay was lifted the RO still fought me over that claim.He filed it in early 1994, and the RO finally awarded it in 1998-when the General Counsel ordered them too. They had the FTCA settlement papers and everything they needed to award it much soon, but ignored the evidence from the OGC.
My point is , I am a hardcore claimant and know the VA claims system is very adversarial.
Some vets and survivors get through it fairly quickly and others, in spite of the evidence they and the VA has.
If the VARO, with proof of your AO exposure and diagnosis denies your claim again, that is the time to whip out a CUE-and based on what the wording of the denial is, it would be easy to prepare.
But I feel they will acknowledge the claim until the stay is lifted.
Another hold up is also the fact that the BWN AO regulations have not been prepared yet, and that takes time....(it could take some of us AOers here, about 30 minutes to write them) but the VA needs to write and publish them.
On the awards BVA has made already on Procopio- the awards caused a remand, so those BWN vets have to wait as well, even though the were granted AO comp by the BVA.
"The only thing I have about the VA and how it operates is ????????????????????????"
I have accepted the fact that the claims process always was and will be snafued and fubared up the ying yangs, and we simply have to fight back with evidence, and hopefully get a rater who can read.
In my IG complaint ( they - one or two VAROs involved)are working on my audit request, I made the point ,with evidence, of the illiteracy factor that caused me to have many denials, unless it was deliberate poor adjudication, and I also questioned that they cannot even prepare a valid audit ( simple addition, subtraction, and multiplication, )that 3 of my past audits revealed....when they were re -done. Audits involving over 98 thousand dollars, they had to send to me , in 3 major audit errors ,over the past 2 decades.
If they can do that to me, they can do that to any claimant, who might get an award with an audit area and find out it is completely ,erroneous to their detriment.
I
Thanks so much for listening and your input. I will keep you informed. I hope all BWN finally get what is rightfully due to them. I thank all the people who were responsible to get the BWN to this point. A lot of BWN Veterans never lived to see this accomplishment. I feel so bad for them. I only hope their surviving family will know about this and pursue what is owed to them.
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8 hours ago, Berta said:
I don't know if VA will update the July 2019 list here.
John Rossie, president of Blue Water Navy Vietnam Veterans Association, contacted me for what work still needs to be done-He is preparing a statement that I will post here as to this issue -but also he has a list of 22 carriers whose logs show they were in the 12 mile limit----
The ship a deceased veteran, per a widow I asked to join here some time ago, re: the new AO situation ,is one of the carriers JR found to be within the 12 mile limit.
I am trying to find any claim at BVA that was denied ( or awarded) in which the veteran was on a carrier, and whose logs might have caused an award or a remand or anything, and will be searching all Carrier Association site as well-----just like the Haas Case.Also I am going to try to find Jonathan Haas, or his survivors as, like many if not most Blue Water Navy veterans, he ,like them, was denied but now their earliest effective date should be when they first the initial presumptive claim that was denied.
Also we are trying to develop a media and web site roster, so that we can get the word out on HR 299 and Procopio, as BWN vets should file their claims ASAP to get into what could be an enormous claims queue, when the stay is lifted. VA does not really want BWN AO vets to know,yet, that they might be eligible for more comp under HR 299 and Procopio.
There is also a lot of inhouse BS going on at VA- nothing I am willing to post here-re: the AO issues. But thee law is the law. I just hope the regulations do not manipulate HR 299 to any veterans detriment.
JR, (John Rossie) and a handful of dedicated advocates got HR 299 passed ,via trips to Congress, DC, media and sheer persistence and that took many, many years and there is still more to be done.
The Nehmer Court Order protects the EED - as within Footnote One- searchable at hadit in this forum.
I will post any info I get as to the Stay, etc. here but there is far more BWN AO work to be done, which will take my time away from hadit.
In my case the VA has denied my claim twice already this year. In my claim I cited Procopio and HR 299 and still they denied my claim. If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year. My doctor at the VA said I was herbicide exposed Vietnam Veteran and things I get from VA said as much. It makes me wonder what it is going to take. We need more Veterans employed at the VA. The only thing I have about the VA and how it operates is ????????????????????????
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On 10/25/2019 at 4:16 PM, Berta said:
Richard - others commented on what might be best for you to do in the post saying we need more input here-
https://community.hadit.com/topic/76745-can-we-have-some-input-here/
They know more about the AMA new claims process than I do-
It is all VERY time consuming and can control every minute of a claimant's time-but hard work pays off.
Before I do anything I will call the VA and see what they say my options are. I do not want to do anything that will hurt my EED. I will also put my ship’s logs in my appeal. My ship was within 12 nautical mile every month we were deployed.
The VA also needs to make up a list of ships that were in the territorial seas of Vietnam. Veterans who file new claims are going to have show their ship’s logs have them within 12 nautical miles.
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On 10/24/2019 at 7:41 AM, Berta said:
I think any route is better to take than filing a BVA appeal- yet the BWN situation has altered my thinking on those types of claims---- The good part of BVA appeals is that they are lawyers and they can read.
The bad part is a BVA appeal takes so long- but I feel the VAOGC memo I posted yesterday makes it very clear that BVA, with the proper evidence, ( AO disability diagnosis and deck logs ) could award the claim ( as they did in a BWN AO claim I posted here , above in this thread, )or would remand for fo expeditious treatment.
But I hope others chime in here as, I am not familiar with the new veterans claims process, as they changed the survivor process as well-which involves 3 issues I have and I am still copying in evidence that VA already has but my issues were sent to a different RO,piecemeal.
I thought you could ask for a Higher Level Review at this point-
BUT in any event, Footnote One is here, and NVLSP has made it clear that the EED will be the date of a claim in which a BWN vet was initially denied for AO.
Someone here would know about sending in another Supplemental claim- or asking for a Higher Level Review.
I had sent in a 21-4138 on my issues that my RO never passed on to the Phil. VARO who handles all survivor claims now, and I am still trying to figure out the new survivor process for claims will work..
We need some input here from others currently who are in the new claims process.
I think next week I will pull the BVA appeal and put in a Supplemental Claim with new evidence. My ship’s logs that prove we were less than the 12 nautical miles on many occasions.
It can be a pain to go through your ship’s logs to have to find the information that will prove your claim. You really have to do your home work.
As I said before it is really nice to have people like you to help and to give your time to others to help them.
Through out this process and reading everything you can to help your claim is so time consuming. It seems like your mind never shuts down. I have learned a lot and will try to help others If I can.
Thank you so much for your input and help.
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4 hours ago, Berta said:
I would file the 20-0995 again- and I assume this is a different disability than the Prostate cancer?
Do you mean by Court of Appeals, that you filed a 2010, claim, it was denied by your RO,and then denied by the BVA and that it is now with the CAVC ( Court of Appeals of Veterans Claims)???
If that regards a different AO disability, the pdf link above explains that BVA has to remand BWN AO claims.
Can you give us the Docket and Citation Number if this is an Appeal with the BVA?
I am still on the claim of Prostate Cancer I filed in 2010. I put in a Supplemental claim which VA told me to put in. They received my Supplemental claim July 10 2019. This was on their Rating Decision that I received
Evidence
Service Treatment Record received September 7 2010
Service Personnel Records received August 31 2010 and October 25 2010
VA letter concerning your claim. How exposed to herbicides dated September 7 2010
National Personnel Records Center response to request for evidence of herbicide exposure received September 20 2010
National Personnel Records Center response to request for evidence of herbicide exposure received October 25 2010
Memorandum of Formal Finding of Inability to Concede Exposure to Herbicides dated November 16 2010
Rating Decision dated December 17 2010
VA Form 20-0995 Supplemental Claim Application received July 10 2019
VA letter concerning your claim dated July 19. 2019
Section 5103 notice dated July 25 2019
Web Evidence related to Blue Water Veterans received August 6 2019
Section 5103 Notice Response received August 6 2019
VAMC Records from November 7 2014 through August 23 2019
Rating Decision 09/03/2019
Service connection for Prostate Cancer remains denied.
Instead of another Supplemental Claim my representative filed a VA form 10182 Appeal to the Board of Veterans Appeals and under Board Review Option chose 11B option where we still have 90 days to submit evidence.
I would like to know if I took it out and filed a Supplemental Claim if I would lose my EED on my claim. I would think a Supplemental Claim would have been a better route to take. Your opinion would be helpful Thank you so much
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2 hours ago, Berta said:
I am re thinking the above regarding CUE----but I didnt delete the post as we might get some BWN AO vets who are at the BVA and will need that above remand info .
This is NVLSP's suggestion and now I feel this is what you need to do:
Use the 20-0995 again, give them your Deck Log evidence, cite HR 299 and Procipio, as they suggest and you can mention Commander Haas as well, and you were on the same ship he was on, and in his many VA cases he stated consistently that this ship, the USS Mount Kaimai AE 16, was less than 100 feet from shore. His Deck logs proved that.
Regardless of how you file (this is better than CUE) the claim will be in the Moratorium, but the VARO will have to hold it there until the Moratorium is lifted and a CUE wont lift the Moratorium at all.Only Sec. Wilkie can do that.
"you previously filed a disability claim for a disease VA now recognizes as associated with Agent Orange and the VA finally denied that claim, you should file a supplemental claim for disability compensation for that disease using VA Form 20-0995 (available here: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf). On that form, you should check the box for “compensation” in block 12, and write the following language in box 13A: “I am entitled to disability benefits for [put in name of your Agent Orange related disease] under the Blue Water Navy Vietnam Veterans Act of 2019 and Procopio.” In block 13B of that form, you should write the date of the VA decision that denied you benefits for that disease. If you don’t know the date, we suggest that you write the following language in block 13B: “See my claims file for date of denial of my claim for [put in name of your Agent Orange related disease].”
In order to help ensure you are awarded the earliest possible effective date for benefits, you should not delay in filing a VA claim."
https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans
I already have a appeal in now with court of appeal but they will not move until Dec 24 because I can put more evidence in it. Would you suggest that I pull that one and file a 20-0995 again. If I would do that would it hurt my EED because now they are denying me on my 2010 claim that is some of the evidence they are referring to.
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2 hours ago, Berta said:
I think you are absolutely correct---it appeared to me that my RO (Buffalo) held back my AO IHD claim, from the Phila RO who handles widows accrued issues now, but I have filed it on the new accrued forms.
The Stay could be lifted- but then again the regulations have not been published.
I wonder if you are the USS Mount Katmai vet who was on the American Legion comment section.
I posted our web site there many times since September, but haven't seen any BWN vet or their survivors here yet, except for you, and the lawyer at NVLSP agred with me that VA has to do a lot more to get the word out on these significant decisions ( Procopio and HR 299)
You could file a CUE !
With proof of your exposure ( your deck logs) and proof that you have Prostate cancer,which VA already knows, citing HR 299 ( the link is here) as well as Procopio. Maybe the CUE would get you a faster result than appealing their denial. Still it all depends on the Stay.
I was in the Gardner Moratorium ( Stay) and that caused my 1151 claim to get drawn out for many additional months, although I had already proved I fit into the Gardner decision. This is funny now but it pissed me off when it happened.... I had sent to my VARO the full settlement I had made with the USA ( under auspicesof OGC)
and it was for the same charges I had made under 1151 ( wrongful death). The RO at that point had ignored all of my probate evidence for the claim, but I felt they would award based on the settlement facts, but they denied AGAIN! I was so poed I called General Counsel and got the lawyer there who settled with me- ( I always kept notes)
I said" Tim this is Berta Simmons." ( He said "OH NO- You were so tough to deal with! What is wrong?"-I said 'the VA owes me more money----- because I guess your settlement papers with me have no interest toVA, and they ignored them and denied my 1151 AGAIN!" He as stunned to hear that, and either Bradshaw or Hipolet -OGC-( forget who) ordered my VARO to grant the claim! A mere few weeks went by and I got my 1151 award.
As I mentioned here years ago the Philadelphia Nehmer VARO RO denied my AO IHD death claim right away, I filed CUE the very next day, and in a few weeks I got the IHD award, a SMC CUE award ( that claim had been filed in 2003 with no BVA transfer yet, and something else forget what- the decision is 46 pages long.
My point is we deal with idiots at ROs sometimes. Or they are just poorly trained, or illiterate----
I recently gave the IG a full rundown on what happened to me as a AO widow( I have two DIC AO awards)and I fear this could happen to any widow of a BWN AO vet as well as AO vets who fell under Nehmer 2010 and were denied for ridiculous reasons, and might never have been advised to appeal the denial.
I need to thank you Richard , for being so Well educated in the BWN AO situation!
I hope the AL comment section vets and widows do join here eventually-
because as our Motto here says "Knowledge is Power" so very true- and particularly since the VA ( I have had claims experiences personally now for 24 years), the VA -in many cases-does not Want us to really know Anything that can get us to a successful resolve.If VA really did do all claims correctly, we would not have been here on hadit, in existence now for almost 23 years.
Thanks for telling us how recent your decision was. And for being here-I bet many BWN vets are in the same 'boat ' as you are, denied already ,with recent decisions based on the pending regulations, and don't know what to do----unfortunately we have to wait .....
I told JR ,the president of BWNVVA, as soon as HR 299 was signed, that I have been waiting for years to help with those claims---and he mentioned when I wrote the first tentative Amendment- and he said that was what- ten, 12 years ago? ( But Maybe just 8-9years ago but it seems like a lifetime.)
This whole thread with your posts is Very important.
NVLSP ( who won Nehmer long ago) and many vet orgs and lawyers are still telling BWN AO vets to file their claims.
This is part of email from my NVLSP contact person : (Rick was my past NVLSP contact lawyer for the AO claims of 2010 regulations.)
"Dear Mrs. Simmons,Thank you for your email. Rick Spataro is still at our firm, but currently works in another division. The Procopio decision and Blue Water Navy Vietnam Veterans Act of 2019 does grant retroactive disability benefits to Blue Water Veterans who served on ships within 12 nautical miles off the coast of Vietnam. However, the VA will not automatically review these veterans’ files, therefore we are encouraging all veterans and their surviving family members to submit renewed claims. The VA will review these cases after January 1, 2020."I need to add that they also need to submit any past denial of any presumptive disability, that VA denied and coded as NSC with a rating , or 'should have coded' ( Footnote One Nehmer ) for the best EED they can get.Did they give you a prostate cancer rating on the denial or maybe they never gave you a C & P exam yet.......?There is no rating on my denial. I have never had a C&P exam yet. The reason was I was at urologist at the Va was because they found blood in my urine. They made my appointment so I talked to the urologist. He set an appointment for me for a c-scan with dye and another appointment with him for the scope to check my bladder. They really found nothing. The urologist was the type that I wish all Vets would have. So easy to talk to made me feel so at ease. He made me feel like he really cared. He even gave me his card with his extension on it and told to call him anytime. I have had leakage all these yrs and he set me up an appointment with a outside the VA doctor about a cure for it.
I am self educated about the VA. Since my being denied. I have read so much on the ins and outs of the system. I thank God for people like you that pass along the experience that you have had to help make the path better for others. In my case I do not know what what is the best way yet. I really like your opinion and what you would suggest I do. Thank you so much
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8 hours ago, Berta said:
That is an interesting take on Procopio that I need to find other info on.I believe we discussed here in early 2019 whether this had the same retro affects as a potential success for HR 299, which seemed for years to go no where.(But we won!!!!!!!- I am a member of the BWNVVA)
This is NVLSP's Statement on Procopio dated Feb 2019 and their advice on filing those claims based on Procipio ( which of course was before HR 299 became law-
Their link for the case does not work but it is here:
"CONCLUSION Congress has spoken directly to the question of whether those who served in the 12 nautical mile territorial sea of the “Republic of Vietnam” are entitled to § 1116’s presumption if they meet the section’s other requirements. They are. Because “the intent of Congress is clear, that is the end of the matter.” Chevron, 467 U.S. at 842. Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus. Accordingly, we reverse. REVERSED AND REMANDED" page 19 0f 50- the full decision:
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf
If you feel you should file a CUE based on Procopio, that would depend on, in my opinion, the date of and the aspects of the last denial you got for your disability.
I don't think you would need to file CUE, but to send to the VA what NVLSP advises to send-in their article above ( but I will check their site for more recent Procopio info)
Also there are 269 BVA decisions that popped up after the Procopio decision came out- and it seems many are are remand due to the Court case.
I will read them all, and try to find more info on how vets are using this case to prove their AO claims....it will take me time............my thrill over HR 299 and the time it took a handful of advocates ( many who had no dog in the fight at all,to include of BWNVVA president John Rossie), still makes it the prime decision I have focused on. much more than Procopio----
Actually the VA should call CUE on themselves for any BWN AO vet who falls under Procopio and HR299 and Nehmer.
But unlike their attempts re: the AO IHD,Hairy Cell B, Parkinsons ,to fin affected vets or their survivors ,VA has said they will not attempt to do that this time around.
What I received from the VA was dated September 9 2019 with Service connection for Prostate Cancer remains denied. It had on Rating Decision 09/03/2019. I read in my medical report that there was a question that had Agent Orange exposure? My urologist answered YES. In my opinion the VA is not during anything for Blue Water Veterans until after the stay is lifted on January 1 2020 even Veterans who already had claims in. I think that is why the VA keeps denying my claim for now.
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On 10/16/2019 at 4:26 PM, Berta said:
That form might not be a bad idea----in any event can you scan and attach here the last decision on the prostate cancer, and it's date? Cover your C file # and name,address prior to scanning it.
"Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.
They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service."
The Blue Water NAvy AO law was signed in June 2019 by the President but we are still waiting for Secretary Wilkie to lift the Moratorium on Blue Water Navy claims. Many Vet orgs have sued him on that.Also we do not have the actual regulations yet on this law, but a lot could happen with the form and the 11B Submissions you should make.
You stated:
"I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way." Maybe but I hope you realise that Everything takes too long with the VA.My AO IHD death claim filed in 2010 took until 2012 to be awarded -that was the fastest claim I think I ever got awarded , except for some CUEs I filed that took only weeks to change denial into an award- I can look over the scanned decision and see if there is a CUE in it-but there might not be a CUE ( Clear and Unmistakable Error) because we do not have the AO BWN regulations yet. Still it is worth looking over the decision.
On the HBP I have just filed a AO Death and accrued HBP claim- you might want to follow the claim I filed, as an example, as to what would pertain to you as this is an accrued claim, I am a widow, not a veteran: It is here:
https://community.hadit.com/topic/75251-hbp-awarded-due-to-ao/
Sec Wilkie may or may not add HBP to the AO presumptives, but it pays to file the claim anyhow using the evidence I used from the NAP report.
If the VA ever rated your HBP as NSC with a rating percentage, in any past decision that can become quite important if they award your HBP claim due to the exposure you can prove with your deck logs.
I would think the CUE in my case and every other Blue Water sailor who submitted a claim before the Circuit Court of Appeals case of Procopoi vs Wilkie was that the VA was interpreting the law wrong as they were only including Veterans with boots on ground or those who served in the waterways of Republic of Vietnam. The court found that Congress clearly intended that the presumption of exposure applied to those who served in the territorial seas of the Republic of Vietnam. Agent Orange is presumed by the VA to have caused certain diseases in veterans who served in the Republic of Vietnam with Prostate Cancer being one those diseases.
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19 hours ago, Berta said:
WOW- is the appeal still at your VARO, still awaiting transfer to the BVA?Are you able to scan and attach here the very last denial from the RO of the prostate cancer claim?
Cover your C file #, name prior to scanning it-
The deck logs are Golden, and make sure you send the VA copies of them...keep the originals.
There is something that you might be able to do to get the claim awarded prior to the BVA transfer.
It is called a CUE - depends on the date and circumstances of the denial.
I will gladly help with the CUE if I can read their last denial and if I or others here see a potential for a faster decision than waiting for a BVA transfer.
But ,then again, it seems by this- that your claim had been transferred and has been at the BVA -for some time already-???
" I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals."
I would therefore send the BVA (hope you have a docket number to put on your submissions, ) a copy of the deck logs and anything else you feel would award the claim. VA said you were AO exposed, and awarded the tinnitus ,but did they deny the A O prostate cancer claim in the same decision?
I wonder how they determined you were exposed....and why the heck didn't they set you up for a C & P exam for the prostate cancer? The C & P exam would determine the rating.
Did the letter state they "inferred" the prostate cancer claim?
On the older 2010decision, did they give youa NSC rating with a percentage for the Prostate Cancer,
if so that could mean an EED of 2010 as I understand this all....( Footnote One Nehmer)
But something seems odd here-on VA's part......
Cripes they denied my AO IHD 2010 death claim by saying my husband had no evidence of IHD heart disease in his SMRs. I was outraged and threw a CUE at them. I made the point that most of these Vietnam Vets ( he was 1StMarDIV, First Wave, Danang 65-66, )were KIDS in Vietnam ,teenagers ,and if they had evidence of any heart disease they would not have been accepted to the Military in the first place. They awarded about 3 weeks later.
I said something to a vet a few hours ago and it bears repeating here- (they made an error in his claim) that apparently it is not a job qualification to be literate ,to get employed by the RO benefits division employees.
My own RO director cannot read.Neither could a DRO I had once.
Did you get a 5103 waiver at some point ,from your VARO?
I am baffled by the award for tinnitus ( a non AO disability) yet they confirmed your exposure to AO ??????? knowing you had an AO claim in Appeals ..........Strange........
Yes I received and returned a 5103. The VFW submitted tinnitus hearing loss hypertension and prostate cancer all on one claim. I got two different rulings. One had on was just for Prostate Cancer and the other one on tinnitus which was granted but hearing loss and hypertension was denied because they said were not device connected.
Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.
They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service.
The VFW filed my appeal on Va form 10182 and check 11B that says Evidence Submission Reviewed by Veterans Law Judge I have additional evidence in my support of my appeal that I will provide in the next 90 days. It will not move from there until December 24.
I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way. I guess there is no way to do it different now. I will have keep sending new evidence I come up until it moves on.
Any opinions you have would be appreciated.
Thanks for trying to help
God bless
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In 2010 I came down with Prostate Cancer and had my Prostate removed. I filed for va disability and was denied due to being a blue water sailor. Since filing in 2010 I have had problems associated with my Prostate removal. I put in Supplemental claims that were denied. Right now I have an appeal before the Board of Veterans. I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals. I think I found in the USS Mount Katmai deck logs on January 10 and February 13 1970 that our ship was less 12 nautical miles off coast of Vietnam. I guess now it is a waiting game with the VA. I really do not see how they can deny my claim now. WHAt is your opinion? Thanks for your help
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2 hours ago, Berta said:
I corresponded with Ed Ball, this AM
Ed Ball, RMC(SW), USN, Ret., Shelby Co., OH CVSO Ret.Military Veterans Advocacy Inc., Director of Research Blue Water Navy Assoc., Board Member
as to this web site:
https://www.bwnvva.org/how-blue-water-navy-ships-were-exposed-to-agent-orange.html
and to this statement there-
about 3/4 down the page under the Deck Log samples:"iv. USS Mount Katmai AE-16 25Jul65 0800 09 56.1N 107 13.2E 56.12nm inside baseline 0915 USS Falgout DER-324 alongside stbd 1200 09 59.2N 107 36.2E 44.96nm inside baseline 2000 10 43.7N 109 10E 1.49nm inside baseline"I don't do Facebook so cannot open the deck logs he has put at that site but perhaps ,if you are a Facebook member, your deck logs might be there.He also has much info on AO there as well re: Blue Water Navy and is with the Vet group, Military Veterans Advocacy,Inc. who helped considerably to win the important Procipio AO case.That case Procipio, also how to get deck logs, also how to get a copy of your C file is all available here under a search.Ed and I briefly discussed Haas and if he or his immediate survivors file a claim, they owe him or them some Mega retro. -
I need help to determine if the USS Mount Katmai AE16 was within 12 nautical miles of Vietnam from 1969 to 1973. I know we saw land of Vietnam numerous of times.
Blue Water Navy - Nehmer (new)
in Children/Spouse of Agent Orange Veterans
Posted
Berta
I am probably the Blue Water AO Veteran that you refer to in your post. I asked you a lot of questions about AO Prostate Cancer
Update. Last Feb 3 I had a C&P exam for prostate cancer. Went well. Feb 5 claim closed. Feb 10 I had backpay in my bank account to 2010 when I first filed my claim.
In 2019 was denied for my Hearing and HBP. Appealed to the BVA. For HBP I put in my claim a copy of NAS now said there was now sufficient scientific proof that Agent Orange did cause HBP. The judge remanded both hearing and HBP. Long story short
I am now Service Connected for Hearing and HBP.
I am helping a shipmate and friend with his claims.
I thank you Berta and all Veterans and just everyone on Hadit for helping Veterans with their claims and getting what they so richly deserve.