mrmo

Thanks, Berta, Like I said, still waiting on a copy of my C file. I'll try and find whatever I can. I have moved twice since the initial filing and not sure I have everything. Since the "in country" issue seemed so final, I had pretty much given up on this and didn't do very good with old records.

Berta, No, I do not have a copy of my C file. I requested it a year ago and have gotten nothing. I do have a copy of my VA medical records. I only went to the VA for medical treatment from 2006 to 2009 as I lost my private insurance during that time. I was diagnosed with myeloproliferative disorders in 2001 and have been treated by a private hematologist continuously except for the 2006-2009 timeframe when I was treated by VA hematologists. Thanks, Lemuel. Unfortunately it didn't make the list.

Ok, I'm not sure what a rating sheet is. As far as I can see, I did not get one with my 2009 decision, and I don't think I was given any rating. In 2009, they just turned down my application since I didn't serve "in country." I filed a supplemental in Jun 2020 when the BWN act was passed. I was again turned down in about 2 weeks time and told I had no new or relevant information. In Oct 2020 I filed a request for an HLR. Apparently, looking at it now, in Feb 2021 the HLR reviewer found a "duty to assist error" and kicked me back into the supplemental lane. I had a C&P exam in May 2021 and got the final decision of a 30% rating in Jan 2022. As far as I know that is the only C&P exam I got. In May 2006, I went to the VA for the first time to get medical care and they sent me to get an "agent orange" exam. That was before I had ever applied (Aug 2006) for any disability benefits. Thanks, mrmo

Berta and others, Guess I finally got cut loose. Had access to attach files this morning when I signed on. Thanks for everyones patience and help. Here are the copies of my VA decisions you asked for. The first two I have attached are the latest with my 30% rating for myeloproliferative disorders, and the second two are from my appeal in 2009. As I said previously, my original claim was filed in 2006. VA decision 01 22-1.pdf VA decision 01 22-2.pdf VA decision 05 09-1.pdf VA decision 05 09-2.pdf

Check out this topic to see what i am talking about Seems that Tbird may have helped this individual out

Thanks, Berta I think it is because A am a newbie. Long time lurker, but first time posting. I have watched the video of how to attach, but I just don't get the choose files at the bottom of the box. Did a search of the site and saw someone else had the same problem in 2019, who was a newbie and seemed like someone gave him the ability to attach files. Maybe a moderator or whoever controls the site can do that for me. thanks

yea, I feel kind of stupid now also. When I hit "answer this question, a box pops up that I can type in, but the only thing I have at the bottom is "insert image from URL". Nowhere does it say "choose files". The files are all named and ready to go. I just can't figure out how to attach them. Sorry

Berta, I have scanned the docs that you have asked for, but I don't see how to attach them here. All I see is "insert image from URL. Can you please point me in the right direction. Thanks

Thanks for all the information, Broncovet and Berta. I'm overwhelmed. I will try and scan/attach all the info you asked for, but I am not all that computer savvy.

Thanks, GBArmy. I figured it wouldn't be Nehmer, but in 2009 it didn't seem productive to continue to pursue since the only way to get AO disability was to have served "in country" and I hadn't.

In Aug 2006, at the urging of a VA oncologist/hematologist, I submitted a disability claim for myeloproliferative disorder as a result of Agent Orange. On Jul 5 2007, my claim was denied. I filed an appeal on Jun 12, 2008. The appeal was denied on May 26,2009 with the reason for both denials being; "Service connection for myeloproliferative disorder associated with herbicide exposure remains denied because the veteran did not serve "in country" in the Republic of Vietnam during the Vietnam era." And that was true since I was a "Blue Water sailor." Shortly after the Blue Water Vietnam Veterans act of 2019 went into effect in Jan 2020, I submitted a supplemental claim for myeloproliferative disorders as a result of AO on Jun 6, 2020. Twelve days later on June 18, my claim was denied because myeloproliferative disorders are not on the AO presumptive illness list. On Oct 29, 2020, I filed for a Higher Level Review. They sent me for a C&P exam in May 2021, and my claim was approved at 30% on Jan 25, 2021, retroactive to Jun 1, 2019 when I had submitted an intent to file. My question is, do I have a case to request that my claim be retroactive to 2006 when I first filed? Do I fall under Nehmer? I assume not since my illness is not one of the presumptive AO illnesses. Yet I would have continued to pursue my case had the fact that I did not serve "in country" was so cut and dried. I did appeal shortly after the Blue Water sailor ruling was instituted, and my disability was approved after a Higher Level Review.