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

[keepugessn]

Berta,

Thanks so much, your awesome....I will do this asap.

Donna

[Berta]

Donna- there are some good sites for SSA on line and he can begin part of the claim process for these benefits on line too-

There is a SSA criteria which I think involves that the disabled person must have worked within 5 years prior to applying for SSA- but I am not sure-

The SSA sites have all the info he needs and the initial application.

[john999]

If a vet is service connected for AO for DMII he can be sure there will be other secondary conditions at some point. This is where the VA really drops the ball. You have to press the point on the secondary conditions. You have to have medical opinions to connect them to the DMII.

[Berta]

Yes- and I was even wondering if Donna's husband has diabetes and is a Nam vet-

I use the entire VA Diabetes Training letter for claims regarding complications of diabetes-

there are plenty of potentials problems a diabetic can have and the VA has acknowledged them all-in their training letter on diabetes-

Still it take strong medical evidence -you are right as always John-

a doctor has to fully connect the dots.

Edited October 29, 2007 by Berta