Ao Cll Vets

[Berta]

IS VA arbitrary and capricious?

Does VA ever defy the Law ?

Yes and double yes as many AO Vets know------

AO vets were denied proper retro under the Nehmer Stipulation and only received their legally determined EED comp when NVLSP went into VA and legally kicked butt- with the law-Nehmer-

VA attempted the same thing with CLL vets-

CLL vets with NVLSP fighting the battle in their behalf have WON!

"Appeals court orders agent orange benefits

Judges take VA officials to task on unpaid retroactive claims

By Josh Richman, STAFF WRITER

Article Last Updated: 07/20/2007 02:40:33 AM PDT

The U.S. Department of Veterans Affairs was wrong to deny retroactive benefits to certain Vietnam veterans suffering from Agent Orange-related leukemia, the 9th U.S. Circuit Court of Appeals ruled Thursday in a class-action suit filed in the Bay Area.

In 2003, the VA issued a regulation finding chronic lymphocytic leukemia to be a disease associated with dioxin, a toxic substance in the Agent Orange chemical defoliant U.S. forces used in the jungles of Vietnam. But the VA didn't reconsider prior claims of Vietnam veterans suffering from that disease, nor did it pay them retroactive benefits.

A 1991 law and a court consent decree ordered that those suffering from diseases that are newly considered to be service-related could have their cases reconsidered and their back benefits paid. The VA, however, contended this didn't apply to diseases deemed to be service-related after the law's 2002 original sunset date.

U.S. District Judge Thelton Henderson of San Francisco disagreed in 2005, and the appeals court affirmed his judgment Thursday with some harsh words for the VA.

"Three different Congresses in three different decades have enacted legislation signed by three different presidents, designed to ensure the payment of such benefits to veterans afflicted with Agent Orange-related ailments," Circuit Judge Stephen Reinhardt wrote for himself and Circuit Judges John Noonan and Milan Smith Jr.

"What is difficult for us to comprehend is why the Department

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of Veterans Affairs, having entered into a settlement agreement and agreed to a consent order some 16 years ago, continues to resist its implementation so vigorously, as well as to resist equally vigorously the payment of desperately needed benefits to Vietnam War veterans who fought for their country and suffered grievous injury as a result of our government's own conduct."

from:http://www.insidebayarea.com/ci_6421417?source=rss

Edited July 20, 2007 by Berta

[Berta]

Cavman-

often when a vet feels they need isolation-that is really the time they need to start sharing with others what is what with them----

And as much as I gripe about VA I think their abilities as counselors and shrinks at VA is often superb-

There are certainly benefits of going to a vet center too if a vet has one close enough to visit- and I have even seen vets get a new perspective just by going to a VA hospital- and talking to the vets on the grounds.

Our VA- the front steps to the main hospital -this time of year used to be full of vets talking to vets-

A vet slipped on the steps and they had to re do the whole concrete stairway so I think they suggest vets sit on the park benches instead to BS-

One thing I feel at the local VA -the grounds are just beautiful-is the comradery among the patients -in and out patients-and there is always someone to talk to at the nursing home or in one of the 2 canteens.

On days when they have ceremonys- like Veterans Day etc- I honestly thing every school aged kid should try to be there at these events.

Not only do these wonderful VA events remind us all of sacrifice, the vets there are living proof of the sacrifices of service-

I guess my point is -when we feel alone or want to be alone that might be the best time to look for the company of other veterans because like all of us here-

only vets can truly comprehend what vets go through.-you do deal with a lot-and it doesn't seem fair what VA has decided on your claim.

But who knows what the future will bring on AO disabilities-

I have seen the AO list grow a lot on the last decade.You have to hang in there -as that day could come.

You have every reason to vent here and we do understand.

[keepugessn]

This is probably a stupid question but please help as this is our first time here. Husband is SC Disabled vet 40% combat related loss of eye and ect. He retired out in 1970 and went to the va twice in 1971 and in 1980. He went for AO issues and PTSD. He saw and was involved in much, much action. Door gunner in the Delta on the infamous hunter killer teams...Best friend died in his arms and such

in helicopter combat. They told him he did not have AO or PTSD. After several years 37 I believe he finally went back to the VA and got a service officer. Questions are 1) He had a physical on 6th and tests no response from doctor or anyone...does he get letter of results or should he call and go in again as he had blood and all but they did not tell him what to do next. 2) Do they auto check for AO again, does he have to register and if so where. 3) They told him they were putting him in for 100% delayed ptsd, he has two purple hearts and they made him submit for new dd-214 with the hearts on it as they were not listed but he had the orders for them and the medals. They turned this all in during 6/07. What should he do now and should he try to apply for SSD as he stopped working a few months ago and we do not know what to do?. Any help would be great. He will not ask anything, he feels like he's begging. Thanks Donna

[Berta]

Donna-he should not feel he is begging and VA compensation is not a hand out-it is deserved due to sacrifice.

He certainly has sacrificed for Freedom.

I am so glad he got a DD 215 showing the Purple Hearts. The Purple heart is an obvious life threatening stressor supporting his PTSD claim.

The AO Registry etc- the VA does not test for dioxin residuals and the AO exam is really only to determine whether he has any AO related disabilties-

The AO list of disabilties is here under a search feature-

If he has any of these disabilties, he is presumed exposed to AO and therefore the VA will service connect him.

If he has a vet rep or NSO they should advise him as to these disabilities.

The VA's Agent Orange page has links to more info-

http://www1.va.gov/agentorange/page.cfm?pg=11

When they state STS cancers -there is a long list of about 35 types of STS (Soft Tissue Sarcomas) that VA associates as presumptive to Agent Orange-

by the same token-the cancers listed specifically -lung, trachea ,etc-have to be of the STS type.

The VA pays AO compensation only for the presumptive disabilties on this list.

We know he has eye injury and is compensated for and he has PTSD claim in now- does he have any other disabilities?

Also the older denial -do you know the exact date of that denial?

The retroactive comp payment date for his present PTSD claim is the date he filed this claim.

The older claim date is gone unless he could challenge that under a CUE claim scenario.

There is info here on CUE claims and he should talk to a vet rep about the potential that the older decision could be cued.

Maybe no chance for that but if successfully this would generate a lot of retro money-

If he is unable to work due to SC disabilties-he should file for TDIU.

I will attach the form. Also he should certainly apply for SSA too.

TDIU_form.pdf

[keepugessn]

Berta,

Thanks for the response I appreciate it. Well as for the other disabilities he has some form of contractures in both his hands they are all closed up except for his thumb and fore finger. He has high blood pressure, poor vision in the one good eye, and he has some hearing loss. They did the exam at the va and told him he had some blood in his urine, he won't go back to have it checked out. He went to the c&p mental exam they set him up for today. He called and said that the guy said he was sorry for making him relate the stories and he was going to help him out. I don't know what that means but my husband was in alot of combat action on those hunter teams, and special missions across the river.....so he really is tramatized to this day about this. I can only pray that they do the right thing and give him 100%. Here is a question though. If he is 100% along with the 40% for the loss of eye, which is still only 100% will he be able to work at all. He loves to fiddle around with cars, and this bothers him somewhat that he might not be able to work. Also when does one go to the ssa to file for disability benefits. Is it after they get the rating from the va or before.

Last thing, my husband said he went to the va in 1971 and in 1980 for the ptsd and they refused to help him. Told him he was ok. Is this the date you were asking for because he filed two times and they did nothing for him.

[SLEDGE]

This quote:

"What is difficult for us to comprehend is why the Department

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of Veterans Affairs, having entered into a settlement agreement and agreed to a consent order some 16 years ago, continues to resist its implementation so vigorously, as well as to resist equally vigorously the payment of desperately needed benefits to Vietnam War veterans who fought for their country and suffered grievous injury as a result of our government's own conduct."

and a couple of bucks will get you less than a gallon of gas.

It reminds me of all of the government officials that claim "Our veterans get the best health care".

Those statements carry no force of law and the paper that they are written on is actually worth more to veterans than the message.

I'm not impressed.

sledge

[Berta]

"Also when does one go to the ssa to file for disability benefits. Is it after they get the rating from the va or before."

If he isnt working he should apply for SSA as soon as possible.

The VA C & P results can help the SSA claim and vice versa-he could get SSA before getting award from VA and if it is solely for his SC disabilities , that will help him get TDIU.

If I were you ask him to get a copy of his VA medical records. There is a lot here that shows disability.

Study every blood Chemistry report and look for any abnormal readings and ask the doctors what they mean.

He presents a severe disability picture-and they way you described his grip alarms me-

Make sure the SSA knows of that factor-

My husband had the same problems and could not handle change or dial phones ot tools anymore-he was misdiagnosed and this hand problem was either due to his untreated diabetes or to the major stroke- which they misdiagnosed.

The blood in his urine could be a UTI- the can treat that.

He needs some good medical care along with making sure all of these conditions you mentioned are in his claim.