Agent Orange Question

[goofycow]

This may sound like a really dopey question but here goes. How was ao applied? Which branch of the service actually did it? Was it from Army helecopers, Navy planes??? The reason I ask is because my husband was on an aircraft carrier right off the coast. If navy planes dropped the ao, how can VA deny that anyone to not actually set foot on the ground in country could contact ao? Just wondering how this stuff was delivered & who delivered it.

Liz

[Chuck75]

The 149 form was sent to the Navy related office listed on the form. That office forwarded it, since they claim that they do not handle the type of administrative correction needed. The area they claim to deal with is something like changing a dishonorable to an honorable. They say that the package was forwarded to the appropriate office at St. Louis Mo. The office they supposedly sent it to had not logged it in when I contacted them. ??

Next the office has the misnomer in it's title "retired military records" Which is retired records, not retired military records.

And , the tale goes on.

Chuck- you can get your DD 214 corrected with a DD 149 form- I will attach it.

The VA also will send you any decorations or medals you might not have- the Vietnamese ones have to be purchased on line or at a base BX,PX.

Just put Not Applicable regarding the "injustice" stuff.

------------

[Stretch]

Chuck75,

I don't know much, but I did say that Veterans would have lawyers, at earlier stages of claims, about 2 years ago. I listened to the people at hadit, about filling the form 180 and 149. I did file these forms and get my MUC; several other medals 35 years late, last July 2006. I also got Partial SMR. Don't expect to get the write-up that goes with the ribbon unless you contact a buddy from your outfit.

I was given the award write-up by my squadron members. The upgraded awards came on a DD-215 which replaced or added to the awards on my DD-214. It just takes a little time. RO did not want to accept or use my awards in my claims. The BVA judge told them to get a complete upgrade of all service records. VA did the upgrade.

"Boots on the Ground", in my opinion, was not Congressional legislation. Seems like certain Generals decided that this hear say term could eliminate US Navy members from War Service benefits, saving the system big bucks, with complete disregard for the actual law. This Chatty Kathie term "Boots on the Ground" was contrived hear say not legislation.

The argument is being settled in court at this current time. Generals, who have been parroting "Boots on the Ground", are being dumped right and left. It is a very bad time for Elite Leaders to quote hear say. We will just have to wait and see how it turns out.

Edited June 24, 2007 by Stretch

[Berta]

No- I dont either----

unless the autopsy revealed that the injuries sustained in the fall in the VAMC 3 days prior to death caused basis for FTCA -then again that would depend on what I call the "watergate" question-

what did the dependent (the widow) know and when did she know it-as to when she first believed malpracticed had contributed to his death.

Seems to me however-that the DC would have stated that clearly-

I think she did just barely squeese in the ten year but might have been common law spouse prior and that is what the VA considered too,

Dont see any further claims basis here.

[Berta]

The claim" accrues" for statute of limits when the person alledging malpractice is first aware of the malpractice-

NVLSP mentions how much debate there has been over this part of the Statute of Limits-

The best bet is that the plaintiff uses the date he/she became aware of the injury/death and its cause.

I knew of VA injury causing death 2 months after Rod died.

For the two months preceeding death- I was not sure and had to get his med recs.

Once I got them I immediately filed the SF 95.

In theory a claimant could charge wrongful death over a vets death a decade ago-

if the spouse became aware of unusual circumstances then the SOL would be the day she became aware of these circumstances that led to death.

Lawyers fight over these SOL scenarios all the time- a good lawyer can circumvent SOL problems with good evidence-NVLSP recommends malpractice lawyers should handle these types of claim often for the SOL problems that can arise.

The 6 months stuff- I have a case now- it is good example.

I filed a FTCA claim last year- the VA had 6 months to decide it or to allow the 6 months to run out.

They did. They never had a claim like it and I will know by my next decision whether the damages have been mitigated or not-

If not I can go into the federal court by Sept 1, 2007.

Often going into a fed court brings about mega bucks- however it can also turn the other way and the claimant is stuck with no damages, filings fees and an attorney bill.

Based on the widow you mentioned she gets direct SC DIC.

I get Sec 1151 DIC . BIG difference.

Her husband died with honor- I dont see the point of her trying to sue the VA unless the autopsy reveals significant information that lends to the VA contributing to his death.

My husband's autopsy-also something I waited for until I filed FTCA

contained significant information showing the VA caused Rod's death.

In this case the cause and manner of death will be the same as the death certificate most likely but sthe widow, unless she has medical expertise, would need an IMO doctor to interpret the autopsy as to whether there is something there that is basis for FTCA.

If she is willing to get an IMO (I would think a malpractice lawyer would insist on one anyhow)

although the expense might not reveal malpractice, she will have peace of mind knowing that the VA did not cause his death.

After you posted the death certificate info here-in the actual order they are stated- with the main causes of death listed they way they are-- there appears to be no malpractice at all----in my opinion-

Edited June 25, 2007 by Berta