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Berta

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Everything posted by Berta

  1. 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........
  2. 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.
  3. One other question- the fact that this ship should be on the AO list, and the fact that Commander Haas,in every VA case he had, stated the ship was as close as 100 feet from Vietnam's shore, has opened a can of worms for me- not you- Good worms, however, and since the VA has never questioned his statements as to how close the ship was ( they surely had the Deck Logs),I feel you would be able to make an excellent case that you served within the 12 mile limit, to include your deck logs as proof as well as Commander Haas's statements, specifically noted in each claim he made to include Jonathan L. HAAS, Claimant-Appellee, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellant. No. 2007-7037. United States Court of Appeals, Federal Circuit. May 8, 2008. But my question is this- what AO presumptive disability (ies) do you have? And another question...did the VA in the past, ever deny you for a AO claim you made, because you did have an AO presumptive ,yet you had "no boots on ground" Vietnam? If so do you have a copy of that rating sheet and decision? That is what Footnote One is all about and why many Vietnam Vets and their survivors, like me, succeeded in getting a great EED (Earliest Effective Date) for the retroactive AO payments they made under Nehmer 2010. You will need your deck logs , prove of your current AO disability, prove of any past AO disability that was denied due to No boots on ground, and a copy of your C file, if you do not have those denials available anymore.
  4. I am sure you went over the Ship's lists above very carefully, as I did, and I do not see USS Mount Katmai on the list- but that does not mean it shoudn;t be on the list- The most famous AO case of all re: Blue Water is the Haas Case : ". In 2001, Blue Water Navy Vietnam veteran Jonathan Haas first sought a presumptive service connection from his VA regional office for type II diabetes. Haas had served on the ammunition ship USS Mount Katmai off the coast of Vietnam during August 1967–April 1969. He had never gone ashore, and his ship had never gone into port in Vietnam, but he claimed that the Mount Katmai had sailed as close as 100 ft from the Vietnamese coast and had been “engulfed by an Agent Orange cloud” and thus argued that he had been exposed (Haas v. Peake. 2008. Jonathan L. Haas, Claimant-Appellee v. James B. Peake, Secretary of Veterans Affairs, Respondent-Appellant. 2007-7037. US Court of Appeals for the Federal Circuit.). When his claim was denied, he appealed the regional office decision to the Board of Veterans’ Appeals, where it was again denied in 2004." I need to find what book that quote re: the 100 ft of shore is---- you could use it as a buddy statement!!! Source :https://www.ncbi.nlm.nih.gov/books/NBK209598/ (I am a member of the original Blue Water Navy Vietnam Veterans Association- (John Rossie- HR 299 and I dont know is Commander Jonathan Haas is still alive, but will try to get more info. His cases were prepared meticulously and as far as I know the VA did accept the fact he stated- that the USS Mount Katmai was right off the shore of Vietnam. You sure might want to check the Reunion roster here at you ship'd web site... http://www.hullnumber.com/reunion_info.php?cm=AE-16 The site might reveal buddys you might know as well as others trying to get service connected for AO due to HR 299. also I have some other info on your ship , that might help you and will post it here later....... I bet everyone here recalls what Haas went through with the VA. Not only Commander Haas or his survivors but also a BVA denial I just read for a sailor on the USS Mount Katmai, claiming AO disability-some years ago, both would have potential of AO retro under HR 299!!! That is why Nehmer and Footnote one are so important and explained in this AO forum . Richard, do you have your inservice deck logs from the USS Mount Katmai?????
  5. I am bumping this up because , whether the Secretary adds HBP to the AO presumptives, or not there is still a way to get service connected for it, as the above veteran did. I have claimed my husband's HBP is due to his established AO exposure- He wanted me to leave no stone unturned,if he died due to VA health care , an although we had problems with his care in his lifetime, we had No idea what his true medical situation was....until after he died)and I have been dealing with an audit request that is being worked on ( and that could potentially alleviate further adjudication on two of my pending CUE claims). The end product of all that and this new claim would be the end of turning over the 'stones.' Also our very astute member here, jbasser, has pointed out- if you fall under the AO Nehmer regulations, and have been deemed to have "essential" HBP by the VA, possibly rated already as NSC with a % in any past VA decision, the medical term " essential" ,means no known cause, but the report the veteran used in the above BVA cause is what I am using as well-the same report Secretary Wilkie is considering for any potential new presumptives. This is directly from my claim and it might help someone else: (The 1151 part is expanded on in that specific CUE,that the audit might resolve) ---------------------------------------------------------------------------------------------------------------------------------------------- " "---Claim Exhibits C and D Claim (Exhibit C)for accrued benefits due as direct service connection of my husband’s Hypertension due to his proven exposure to Agent Orange In Vietnam and CUE claim )Exhibit D)for accrued benefits based on my husband’s 1151 Hypertension, as it regards Office of General Counsel Precedent Decision #08-97. I am providing two theories of entitlement. The September 4, 2018 CUE ( Exhibit D) rests on proper application of General Counsel Precedent Opinion # 08-97 and proper EED. Exhibit E Claim ( Exhibit C): I also claim entitlement to accrued benefits due to my husband’s proven exposure to Agent Orange in Vietnam during the Vietnam War, as causing his “essential” HBP.The VA deemed his HBP as essential because there was no known cause for it. However the National Academies Press has published the same study referred to by the BVA : “The rationale provided for the hypertension was that research from the National Institute of Health indicated there was a direct connection between Dioxine exposure and hypertension. “*** Source: https://www.va.gov/vetapp19/files5/19141330.txt *** that is how the BVA spelled Dioxine in the opinion) I include page one and page 8 of that study, as published by the NAP, the same study Secretary Wilkie is considering. Exhibit F pages The veteran in that case had an IMO/IME. The Medical opinion I have is from Dr. XXXX XXXXXX , VACO Exhibit G I also cite https://www.law.cornell.edu/cfr/text/38/3.816, regarding “Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.” I also cite this statement from the VA’s Web site: “If you have an illness that’s not on the list of Agent Orange‒related diseases, but you believe was caused by Agent Orange You’ll need to: You’ll need to: Provide scientific and medical evidence that the condition is related to exposure to Agent Orange, or Show that the problem started during—or got worse because of—your military service Scientific proof may include an article from a medical journal or a published research study.” Source:https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/ On March 4, 2015 the Buffalo VARO denied my September 24,2012 claim for accrued benefits due to my husband’s 1151 HBP. The “examiner’s” report to deny the claim was ridiculous.The VA failed to consider the evidence and medical opinion from my FTCA case, thatI had from Dr. XXXXXX. I immediately filed CUE on the decision. Exhibit H On April 2, 2015 the VA awarded 10% under 1151, “hypertension for accrued benefits.” They gave an erroneous Effective date . Exhibit I But also stated “We have determined that there is no additional entitlement for accrued benefits for this award as the veteran was in receipt of benefits at the 100% rate at the effective date of this award.” This defies the whole point of General Counsel Precedent Opinion # 08-97 Exhibit E above" and so forth- I also added that : "Monday, October 14th, is the 25th anniversary of my husband’s death, Rodney F. Simmons, who died due to VA health care itself,and Agent Orange conditions ,that were malpracticed on.If the VA had sought a medical cause for his HBP, in the first place-November 1988,they could have treated him properly and he might certainly still be alive." November 1988 is the proper EED for his HBP. They gave me the date of his 1151 100% P & T stroke. There is no medical evidence whatsoever that ties in his HBP to his stroke. The VA medical opinion (Exhibit G) clearly shows that his medical care up to the Nov 1988 date, HBP diagnosis, and for the next 6 years, contained "multiple" deviations from acceptable VA health care, to include his HBP It ends with this statement : " All of the deviations hastened his death." The link to the NAP report is: https://www.nap.edu/resource/25137/111318_VAO_summary_table.pdf Under Table S-1 the "epidemiologic evidence is sufficient to conclude that there is a positive association." and than states again "There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes: It lists some of the established AO presumptives, and includes Hypertention and also MGUS ( monoclonal gammopathy of undetermined significance.) I believe we did have a MGUS veteran here-but maybe on another site..... If any MGUS vet falls under Nehmer, they too should file a claim for MGUS as due to AO and use the study from np/edu as well.
  6. Well put-I am bumping this up as there is still no lifting of the BWV AO moratorium, due to the lawsuit, but affected vets are still advised to File the claim. This link to NVLSP has some info on the BWN AO claims process: https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans There is more here in the AO forum as well...... VA has done very little to make HR 299 public knowledge. Many BWN vets might be in their 70s by now and are not using a PC , or reading a national newspaper, and depend on TV to get news like this. Secretary Wilkie mentioned Blue Waters and the law signed in June regarding AO, in one short blip on Fox News months ago. If you know any vet who might fall under the BWN AO criteria in HR 299 ( No regulations yet)please advise them on what this might mean to them. Unlike what VAROs said they would do in 2010 ( seek vets who filed previously for AO conditions that were denied, but had listed in their rating sheets IHD, Parkinson, or Hairy Cell B lymphoma, coded and rated as NSC, the VA didn't do a good job of that anyhow, and will not be seeking any BWN vets ,under the New pending regulations. This goes for widows too who could potentially be awarded AO retro, and in some cases, even DIC.And if no living spouse, it could impact on accrued retro for their adult children.
  7. No new conditions have been added since the 2010 Nehmer regs came out. The answer to your question is here: https://www.law.cornell.edu/cfr/text/38/3.816 and in many discussions regarding Nehmer 2010 and Footnote One- in our Agent Orange Forum. Per my NVLSP contact attorney, the regulations for Blue Waters will be basically the same as Nehmer 2010,38 CFR 3.816 as Blue Water Navy vets , within the 12 mile limit , per their deck logs and dates of those logs, and with AO presumptives are now deserving the same equity as incountry Vietnam veterans.
  8. I was unable to find a reply box to your post. We have a full Agent Orange forum here. Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO. Also Secretary Wilkie is considering a few new presumptives, but we have no idea if he will even add any to the list. I wrote to him making a strong argument, as to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam. Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it. The report is here: https://www.nap.edu/read/25137/chapter/2 On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans. The BVA case and this report is also searchable in our AO forum.
  9. You had a Beauty Randy!!!!! This is Great News! The audit I requested is in process and ,if done right, I will be able to withdraw 3 CUEs I have pending. The CUES were easy to prepare as the all rest on 38 CFR 4.6 violation and complete disregard for an established General Counsel Precedent Opinion. It is the 4th erroneous audit I have had. They paid the former 3, after I made a stink. The worse CUE of all is the one that is never filed. You got Great input from many members and hopefully they will help with future CUE questions here. I only have time to handle AO issues these days.
  10. As you said, your father was “on land” , and if you mean he was incountry Vietnam during the war, there is no need to consider the Blue Water Navy situation. If the “land” was elsewhere, there are many places that AO has been confirmed as causing disability in veterans. Tbird just posted a link to that info . You need to read the info in our Agent Orange Forum and we need more info from you to help. I am a AO widow. As GBArmy said, there are specific conditions for veterans, and their survivors. All of that info is in our AO forum. Most of us were granted retro AO under the 2010 Nehmer decision, because of “Footnote One”. I had already received DIC under 1151, wrongful death , then under direct SC ( AO DMII death ), and then under AO IHD death , although my DIC went unchanged, I received a large retroactive payment because my husband’s AO IHD “should have been coded” in a past VA decision.(Footnote One Nehmer) My point is that you mother might well have a basis for a claim, as an accrued benefit. But we need more info: What was your mother’s DIC granted on? Was it for a presumptive AO condition that caused or contributed to death? Or under the 10 year 100% rule for a non – AO disability? If it was DIC but not for an AO presumptive, what is the AO presumptive you feel a claim can be based on? If your mother had a VSO or vet rep as POA on that award, they might still have a copy of any of his past denials. Also she can request a copy of the husband’s C file with VA form 3288- it is searchable here. I had already received DIC under 1151, 1994,wrongful death , then under direct SC ( AO DMII death 2010), and then under direct SC , AO IHD death ,2012 and although my DIC payment went unchanged, I received a large retroactive payment because my husband’s AO IHD “should have been coded” in a past VA decision.(Footnote One Nehmer) There is a difference between a AO disability that 'should have been coded" and a AO disability that was coded on a past rating sheet (which is the most prevalent situation I saw, under the 2010 Nehmer claims here-all explained in our AO forum under Footnote One. My point is , my husband already had two 100% P & T awards, granted posthumously, as well as the DMII situation that awarded direct SC death, and none of that was an issue for my AO IHD death claim. It involved 6 years of retroactive AO IHD payment.
  11. I have posted this info here many times over the years Tbird, but thank you for posting it again. Agent Orange has been the most important issue of my years of advocacy for veterans -since 1991- when the AO Settlement Fund was developed and I saw two AO questions here this AM that I will respond to. Other than that I have no time to respond to anything here that is not related to AO. I also have filed an AO HBP claim, with basically the same evidence that prompted a recent BVA award for HBP due to AO. That award is in the AO forum. That link you gave has certainly helped many AO veterans, but most had the MOS that put them near the sprayed perimeters of bases.
  12. This is the second time in a week that Alex has insulted many of us .AGAIN ..and besides the form he mentioned to someone was the Wrong form----------because that widow's claims situation changed AGAIN---- You are right- there has been a significant change in his behavior over the years. Even those on his site noticed it. I for one refuse to be intimidated by him and I dont care whose POA he Holds ( Tbirds) -I wouldn't care if he held the POA of the POPE. I dont need any of this crap. Obviously we are still being expected to put up with it. Not me.
  13. A lot here does not make sense-Voc Rehab is not the same thing as the GI Bill. My husband did not have the GI Bill. He had a SC disability that fell into the Voc Rehab Criteria. Although that as many years ago, the formal APP form was revised recently- but still basically like what he filled out: https://www.vba.va.gov/pubs/forms/VBA-28-1900-ARE.pdf Is that what the Voc Rehab person had you fill out? Or Are you waiting for a SC claim to be processed? This is a very concise rendition of this program, done by Ben Krause, who is an attorney: https://www.disabledveterans.org/vocational-rehabilitation/ My husband applied in the late spring for this program, knowing it would take VA time to process his app, and etc etc, so that he was ready to enroll in Fall semester. He was outside the deadline, but as the info at the link says, he was found to have a severe employment handicap due to his PTSD. The VA liaison at the college helped him get the books, etc etc, he needed in time for the classes. This regards Voc Rehab, but maybe you mean you had the GI Bill???? "Over a month has passed. I finally let it all go, but I still can't find work, I am about to be out of money. I started selling off anything of value but it won't be enough to sustain my family much longer. Lesson learned is that if you do VR&E do not quit your job until you have books in hand prior to classes starting." I dont get that-my husband had no intention of quitting his job when he started Voc Rehab. He worked for the VA. His career plan ( part of Voc Rehab process) was to get a better job, as he had been a former Nuclear Power Plant Operator, and also had a PHVAC license. He quit the VA when he got hired by the power company here in NY. Can you scan and attach here the denial? Cover your C file # name, address prior to scanning it
  14. Vetquest said " I believe the RO's should be ranked on the number of times they are overturned at the BVA." You are so right- and I believe any vet or survivor whose denial was overturned by a costly IME/IME should get that IMO/IME fee refunded to them....either by VA or the federal contractor 'doctor', who did not take the time and effort to read their records and examine them. I believe they (VA) pay 900 bucks for each contracted C & P exam. Capitan, the BVA will give your case and all of the evidence ,the most thorough reading it will ever get by the VA. You can send them additional evidence as well, when you get a docket #. Or bring it with you to the hearing. You asked: "And is there a decision made at the hearing?" it would surprise me if they did- but others here who have had hearings would know. "or is there more waiting time? " Yes,but months instead of years , as the BVA the decision is sent to by the RO, which has to render their decision and than rate then claim. " Also, are residuals decided at that time? And percentage?" The BVA very seldom rates a claim. I have seen them do it, but very few times over the years, and they only state a rating on unique circumstances. but it is usually up to the VARO. Residuals that are in the decision and denied, need an IMO/IME in most cases to be granted as secondary to the prime SC condition. Unfortunately many BVA decisions are Remands, often for the RO to re do what they failed to do the first time. That too takes time, but as I recall, (I had a remand, that didn't take too long,) I had combatted the negative additional C & P exam, with my own medical rebuttal.It was for a cardio opinion- I got a PA opinion, and I proved it was too speculative, so the BVA disregarded it. Th BVA due to a prior issue, knew I had cardio knowledge. The claim by then had 3 IMOs from me, and two deficient VA medical Opinions.I also ordered and paid for another (4th) IMO from a cardio doc, but the BVA award came so fast ( a few months) that the Forensic firm refunded some of my money because the Cardio doctor had not fully prepared th IMO. You need medical proof that you have claimed residuals from what is a an established SC condition, to gain a secondary SC award. A strong IMO/IME is often the best investment any claimant can make. We don't get into politics here- it has always been up to veterans to change the way the VA does business.I have been around the VA block since 1983, and so far,even though GAO reports have revealed the problems involving deficient VA C & P exams, veterans have never pushed Congress to change that - the basic reason why most claims are denied right off the bat, and that problem has gotten worse, and will continue to cause the backlog. I asked the GAO person who wrote their last report on C & P exam problems, if they had ever gotten input from vets themselves ( or even asked for veteran input)- I think it was the first time she ever got a question like that and she said they might consider that in the future but, in my opinion, veterans have accepted this crap for decades, and Nothing will be done until veterans do it, by writing to the members of the H VAC an S VAC and getting this travesty into the national news and on TV. Worse of all, some claimants never even question a denial based on a C & P exam that they know is wrong. A IMO/IME doctor needs all of your medical records, and also the SMRs for any claim involving an inservice incident that caused the disability.Unless that disability has already been established. They need copies of the C & P exams as well-because they hold the meat and potatoes of what they can medical attack in the IMO/IME. We have a full IMO forum here for more info.
  15. It could be opened as a Topic here or in the AO forum. If any vet has a child who has spina bifida, and the specifc service requirements and their child would fit into these regulations, they should file a claim: This BVA case contains the Spina Bifida regs: "VA will provide certain benefits for an individual with spina bifida whose biological father or mother is a Vietnam Veteran. See 38 U.S.C. §§ 1802, 1805; 38 C.F.R. § 3.814. Spina bifida means “any form and manifestation of spina bifida except spina bifida occulta.” 38 U.S.C. § 1802; 38 C.F.R. § 3.814(c)(4). The term “spina bifida” refers to a defective closure of the bony encasement of the spinal cord but does not include other neural tube defects such as encephalocele and anencephaly. VAOPGCPREC 5-99; but see Jones v. Principi, 16 Vet. App. 219 (2002). To qualify for a monthly allowance for birth defects other than spina bifida, the appellant must show that the Vietnam Veteran who was exposed to herbicide agents is his or her mother. 38 U.S.C. §§ 1812, 1815; 38 C.F.R. § 3.815. Spina bifida is the only birth defect which warrants an award of monetary benefits based on the herbicide agent exposure of a Vietnam Veteran who is the father of the child at issue. See Jones, 16 Vet. App. at 219." https://www.va.gov/vetapp19/files7/19158232.txt If awarded, there are many other benefits , at the VA main web site. in addition to the compensation. It is all in the VA's spina Bifida pamphlet available on line at VA.gov. I was with the original BWNVVA and they have won HR 299- after 12-15 years? But when I was talking to the President of BWNVVA ,when the Bill was signed into law, I mentioned I have been waiting that long to help BWN vets or their survivors here with their claims. For all the work he did, a staggering amount over the years ,with a handful of others helping, he said to that , 12-or 15 years, that the claims process might be the hard part.I have already begun to help BWNs at another internet site but asked them to join us here I don't envision those claims as a really difficult task, just time consuming ,because the regulations will be pretty cut and dried.And I had to deal with some very angry vets who were outside the 12 mile limit- But I do envision the possible 130,000 claims they expect,. per Secretary Wilkie, to be the hard part -as that is an overwhelming estimate.Yet I am sure we have plenty of members here up to speed on Nehmer by now who can help if we get lots of BWN AO claims. You sound like you have a group willing to help you ,whose children have Spina Bifida, as described in the regulations. We only had a handful of active members at the original BWNVVA, and they had a web site and forum as well. And ,it only took 12 or maybe 15 ( maybe more) years and WE WON! I should look that up on my PC because I wrote the first BWNVV gent Orange Equity Act. It has been changed considerably since then and HR 299 is as perfect as it could be.
  16. I dont do emails. This is the BVA link: https://www.bva.va.gov/ Just click on the Decisions link on the right hand of the page
  17. Here is the form 20-0995 https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf This is for a Supplemental claim and requires submission of New and Relevant Evidence. I hope she does take your advice: ." BUT MAYBE A QUALIFIED EXPERIENCE ATTORNEY OR CLAIMS AGENT CAN HELP HER MORE IF SHE IS ENTITLED TO THE EED Back to 2010 then hopefully someone can help her get that." Tbird gave her a link to vet attorneys , and I believe all of the Vet orgs can be found at the VA web site. This is a Big and new change in the Question posts and other posts: " I will not ask for EED of DIC . I think because my husband passed in 2010 the SC cause of death should have EED of 2010. If you have any response I would appreciate it.'' I have no expertise or knowledge at all to understand what this form could accomplish,monetarily , for Ann, since the DIC eed is no longer the issue. Accrued was never mentioned here-so I imagine it cant be that. If so a lawyer would know. She should certainly file the form however, if she has new and relevant evidence.That area she needs to fill out ,is part of the form. I googled 'vet lawyers who handle DIC denials and this search came up: https://www.google.com/search?q=vet+lawyers+who+handle+DIC+denials&rlz=1C1CHBF_enUS695US695&oq=vet+lawyers+who+handle+DIC+denials&aqs=chrome..69i57.11199j0j8&sourceid=chrome&ie=UTF-8 "About 2,930,000 results (0.61 seconds)" Actually all veteran lawyers should be able to handle DIC issues.
  18. Berta

    DIC claimants- a 'Read First'

    Also, since the claims process changed- there are new forms for surviving spouses. If a widow had a claim in process under the older claims process the VA will send them the new forms they need, these claims are being centralized, a far different way as in the past. They are also available at the VA web site. Maybe a good idea to put them into your files now- I have accrued claims with the VA,under CUE. That form for accrued is 21P-601 Accrued benefit are explained here: https://www.benefits.va.gov/BENEFITS/factsheets/general/accrued.pdf Accrued under a Nehmer award are different- I have all that info under the Nehmer info of 2010 searchable here. Recently here someone mentioned this form is what a widow member should file: https://www.va.gov/vaforms/form_detail.asp?FormNo=20-0995 This explains the form is for a supplemental claim. https://www.va.gov/decision-reviews/supplemental-claim/ The new DIC form is 21-534EZ.
  19. Yes, a new topic would be great. This is the most recent info I have on children with birth defects that can possibly be attributed to their parent' exposure to AO: https://www.va.gov/disability/eligibility/special-claims/birth-defects/ In part: "On June 25, 2019, the President of the United States signed into law H.R. 299, Blue Water Navy Vietnam Veterans Act, this new law (Public Law 116-23 ) will provide Blue Water Navy Vietnam Veterans who served in the inland waterways from January 9, 1962, and ending May 7, 1975 with proof of service eligible for Compensation and Health Care Benefits provided by the Department of Veterans Affairs. Under the law if a Veterans or survivor of a veteran filed a disability claim on or after September 25, 1985 and before January 1, 2020 and was denied they will be entitled to back compensation. The law also includes presumptive of Herbicide exposure for certain Korean veterans, benefits for children of certain Thailand service veterans born with spina bifida and other benefits." Also the HR 299 Blue Water Navy Vietnam Veterans Act of 2019 has added this section as well: "SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA. (a) IN GENERAL.—Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 1822. Benefits for children of certain Thailand service veterans born with spina bifida ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veter....etc " https://vva.org/programs/government-affairs/h-r-299-blue-water-navy-vietnam-veterans-act-signed-into-law/ I see no change in the past regulations re: Thailand/ Korea- but it was important that this also be covered in HR 299.
  20. It would be great if it is awarded. These are the VA's Camp LeJeune Regulations as to the dates and the presumptive disability list. https://www.publichealth.va.gov/exposures/camp-lejeune/ There are also discuissions here on Camp LeJeune and under Bad Water Veterans under a search
  21. BVA cases are not precedent cases...I actually saw that point made at the bottom of a decision I read this AM. However I used a BVA statement in a decision rendered moot by the BVA because I had already won the claim at the RO level and did not know I had to withdraw my appeal.Actually it was so lomg ago, I think I had a POA then and they were the ones who should have withdrawn the appeal. The statement I used was a legal statement. My RO refused to consider it.It was regarding an offset refund under the FTCA. When I called the OGC, they ordered the VA to pay me the refund.It was a very unusual situation and I have never seen a refund of an FTCA offset since. Still, the BVA's statement was a legal statement, they should have honored it. A BVA case might seem to look exactly like your claim and the BVA decision might be want you also want but the fact is each claim is different because it is unique to the veteran filing it. But I sure agree with Richard above- He said: " I do this so that the reviewer knows that I know what I am talking about... to me it alerts the rater that I am not stupid and they better do their best work." It also gives us confidence in the outcome of the claim. I never have filed a claim that I felt I could not win- based on my evidence and applicable VA case law. That does not mean I didn't get many denials, however. And those denials were all due to ignoring my probative evidence. My whole C file is under a review due to an audit error I believe they made. I clearly stated why the audit was wrong and used the historic rates charts etc to tell them why. I also reminded them that they had made monetary errors in the past to include the FTCA offset situation, to the tune of over 98, 000,000, and I sent them that specific older audit that showed the large payments they had to make, supported by evidence in my C file ,and I stated it was "as likely as not" they buggered the "estimated "audit I have questioned them about. All I can do now is await the outcome and it is all with a VSO at my RO AOJ.And I pray he/she knows how to read, and that someone there can add, subtract, and multiply.They do have computers to calculate awards etc, but it takes a human to feed the calculator the info it needs. The smallest financial error they made was due to an audit the RC ordered.They sent a payment but I checked it over against the rate charts and found they had forgotten an entire year of DIC.I sent my hand written math calculations to them,with a very brief letter responding to the amount they sent that was wrong. That was fixed right away. I guess I got off topic here but question- my AO IHD death Nehmer award covered 2 CUEs they had, and the AO IHD payment. The Nehmer decision said I could expect an "estimated amount of "....I forget how much. ??? Did anyone else here get an "estimated amount "of retro under Nehmer 2010? If so did you check the ausit they sent with it?
  22. You should file for anything you feel is secondary to the 20% back injury.However that will take a strong opinion from a doctor, that states a medical rationale for each secondary condition.It helps when the opinion is bolstered by excerpts from known medical texts or abstracts in the IMO/IME and when the IMO/IME doctor gives VA a copy of their Curriculum Vitae. It pays to get an IMO/IME -(you would probably need an inperson exam (IME) often when you have had a C & P exam that is negative and won't help the claim. That way, the IMO/IME doctor has something to knock down medically ( the C & P exam) and if their credentials outweight the C & P doctor as well, that would set you up for a potential award of the secondarys. What are the other SCs for?
  23. Gee I am glad I checked the AL site - there were two more BWN AO vets questions there----I gave them our web site info again.....I don't have the time to really help them there because what they need to know is here. Sec Wilkie expects 130,000 BWN AO claims- I assume that includes widows of BWN and if no living widow, it means the veteran's adult children.
  24. I had no problems pulling it up Jim: https://www.wrdw.com/content/news/I-TEAM-Could-the-children-of-those-exposed-to-Agent-Orange-at-Fort-Gordon-also-be-affected-by-the-toxin-561359041.html Perhaps the news outlet would consider a comment section instead of a forum, as the American Legion did. When the HR299 story broke in AL news around 2-3 months ago ,there have been since ,over 100 comment entries there and many of them are mine trying to help Blue Water Navy vets or their survivors- Ed Ball also was a commenter ( well known AO advocate) and I did give them our link here many times but do not know if any one joined yet.
  25. Maybe this link will help- https://xotours.vn/blog/5-incredible-islands-in-vietnam/ It has some distance info from the coast for each island.
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