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Showing results for tags 'presumption'.
first question to mods here and @Tbird: can we add a section for burn pit under the specialized cases? i posted in "gulf war" cuz i didn't know where else to put my question. please move this post/question to the appropriate spot if a desginated "burn pit" cant be created. thanks in advance. ok so i submitted a claim when i first got out back in 2008...below is the denial from the VA. if i reopen this claim based on the new law, will i be awarded SC back to 2008(along with back pay?)??? i have lots of medical records showing sinus issues to support SC but i don't even think i need that with the presumptive conditions related to burn pits added, right? https://www.publichealth.va.gov/exposures/burnpits/index.asp thanks guys and gals! 6. Service connection for allergic rhinitis (claimed as sinuses). Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Your service treatment records were reviewed and considered with your claim for allergic rhinitis; however, they failed to show evidence of this conditon. Please note that your service treatment records appear incomplete. We have requested them from the Records Management Center, St. Louis; however, they replied negatively. We also requested them form your last unit of assignment; however, they failed to reply. If you have a copy of them, please submit them to us and we will reevaluate your claim. Your VA examination revealed the examiner's diagnosis of allergic rhinitis; however, there was no evidence found relating this condition to your active military service. Service connection for allergic rhinitis (claimed as sinuses) is denied since this condition neither occurred in nor was caused by service.
The BWNVVA counsel is afraid to bring these actions because “I don’t want to piss them off” [leadership]. My thought is who cares if we piss them off. They have let us hang and denied passage of the Blue Water Navy Bills for at least 10 years. Although discharge petitions have not been very successful in the past, some have done what they intended. The thought of embarrassing the leadership is fine with me. They should be embarrassed! Pissing them off does not affect the outcome of the BWNVVA bill status, because we will lose nothing. We do not have presumptive status. Congress denies us at every turn. Since that is a fact we lose nothing. Perhaps this will turn it around. We can keep begging for our rights for another 10 years, or bring this to closure now. Let it be known that I do not represent the BWNVVA in any capacity. It's not clear to me whether a discharge petition was used in 1991 for HR 566. I do know there was a suspension of the rules to bring it to the floor for a vote. Whatever you call it, the bill was passed unanimously in both the House and Senate. "A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee and usually without cooperation of the leadership by "discharging" the committee from further consideration of a bill or resolution. 563 discharge petitions were filed between 1931 and 2003, of which only 47 obtained the required majority of signatures. The House voted for discharge 26 times and passed 19 of the measures, but only two have become law. However, the threat of a discharge petition has caused the leadership to relent several times; such petitions are dropped only because the leadership allowed the bill to move forward, rendering the petition superfluous. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases." PL 102-4 Actions H.R.556 — 102nd Congress (1991-1992) 01/30/1991 Senate Received in the Senate, read twice, considered, read the third time, and passed in lieu of S. 238 without amendment by Yea-Nay Vote. 99-0. Record Vote No: 9. 01/29/1991-2:26pm House On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 412 - 0 (Roll No. 16). For more information go to Text: https://www.congress.gov/bill/102nd-congress/house-bill/556