Vietnam Service Verified

[rthomass]

I have a document initiated by the Veterans Administration Medical Center to the Veterans Administation Regional Office. VA form 10-7131. In the remarks section it states (top of form block 6) " Vet claiming agent orange exposure. States he was stationed in Nakhon Phanom Thailand. States they sprayed Agent Orange around the perimeter of the basse, which is located 4 miles from the Ho Chi Mihn Trail".

The VARO replied back to the VAMC " Birls shows VADS verified." (BIRLS and VADS are data bases) "Records also show Veteran has Vietnam Service".

I also have via a Freedom of Information Act request have Birls Veteran Information data screen report showing Vietnam Service "Y" (for yes). This was from the Department of Veterans Affairs, Veterans Benefits Administration, Washington DC.

I have to the best of my knowledge never stepped foot in Vietnam; but I do have a Vietman Campaign Medal and the Vietnam Service Medal. I am one confused Veteran.

Berta...Vike17 any help?

Edited July 30, 2007 by rthomass

[rthomass]

Claim filed 10 January 2005. Has been to VARO...claim denied.....to DRO...again claim denied....to BVA..claim denied....to CAVC decision of BVA vacated..back to BVA..claim remanded to VARO...around we go where it stops nobody knows. Have buddy statement; VA doctor statement; Vietnam Service verified. The VARO must be as dizzy as I am. Yes this concerns agent orange and Non-Hodgskins Lumphoma. No Berta evac plane was a C-9 Air Force plane.

[Josephine]

What were the reasons that the R. O denied you?

I will be anxious to see what the others post on this one.

Always,

Josephine

[Berta]

WOW- you could be looking at mega bucks in retro-

if the VA concedes Vietnam service (incountry) which they have in your case and you have NHL- whish is presumptive as of 8-25-64 (pub date of regs- 10-26-90) you will be rated under the provisions of the Nehmer court order and stipulation-as long as you have continuously prosecuted your claim for NHL- and was denied and yet still Nodded those specific decisions.

That would mean that NHL was listed under NSC -an important facet of the Nehmer court order-in a prior VA decision you received -that denied SC-

I assume you claimed NHL for all those years ?

It is hard to figure out however if that retro would be the case here- there are many factors involving Nehmer and I posted info and links here before-

BUT- NHL also has another nuance- I have not found the regs on this yet-I have a NHL AO vet friend- he claims the VA rates NHL as either "0" SC if in remission or at 100% SC-if not in remission.

He is rated at 100% but recently said he hoped the cancer would not return-

so I think he is in remission-he also is SC for PH residuals and muscle damage due to schranel, PTSD, and a host of other stuff-so I cannot determine if he still is getting 100% for the NHL-

I will try to find that reg.

Every incountry NAm vet with presumptive AO disability should take the time to read the info on Nehmer here and at NVLSP web site.

C-9 ! They were big ones and held lOTSof gas- they were probably the biggest in evacuation ops in Vietnam-

I was thinking it was a smaller plane or chopper needing to refuel in Nam but these babies- they were the workhorse of evacs and you guys saved many lives-

You might well have landed at Danang AFB or near Saigon-

That indeed makes sense- the C-9 was so well equipped and able to hold many wounded that this is certainly a good reason it landed in Vietnam itself---

They were intra theatre logistic support -Nightingales ( a good nickname for aeromedivacs ) and the SkyTrains II

fabulous air transport-via the cC-9s

and so big they needed a very good sized hard landing strip -unlike the small stuff and the choppers-

makes sense to me- VA says you were in Vietnam! I sure think you were!

And I commend you- these ops had to have been real rough ones.

-------PS http://www.va.gov/vetapp06/files3/0612879.txt

Shows what my friend meant about the NHL rating.

This case looks good too for those who deserve "staggered "ratings- something we dont discuss here much and should get into sometime.

Edited July 30, 2007 by Berta

[Berta]

The EED- if they award should be that Jan 2005 date-

BUT did you ever claim NHL prior to that ever and get denied?

Or claim something else and have NHL listed as NSC on the rating sheet in any past decision-

[rthomass]

No Berta have claimed NHL since 10 January 2005. VAMC found NHL via CT scan in June 2003. Too Dumb at that date to realize what had caused it until ER Nurse Manager told my wife who happens to be a Registered Nurst at VAMC. Don't Know how Nehmer case will effect. Have attorney representing me since It went before the BVA. BVA approved Advancement on the docket so it is going rather fast considering the places it has been. Both BVA and VARO have been harping on boots on the ground in Vietnam toatally ignoring the provision allowing direct service exposure to AO ouside of Vietnam.

I have a 1999 decision issued by the BVA where another VET was at NKP at the same time I was August 1969 Through August 1970...although he went back to the world early...April 1970. This VET came into contact with AO. BVA awarded based on Agent Orange exposure. Although decisons by the BVA are non-precedent setting the CAVC stated they must take into consideration those facts set forth in a prior decison if in fact they were so closely related. CVAC Vacated and remanded back to the BVA for further adjudication. In the mean time I gained knowlege of communications between the VAMC amd VARO wherein the VARO stated in the remarks blcok of Va Form 10-7131 "Birls shows VADS verified. Records also show Veteran has Vietnam Service". This information came to my knowledge in May 2007 although VAMC and VARO were mutually cognizant of this on 8 January 2007. The VAMC manager that initially denied my NHL claim originally signed this form as verifying Vietnam service.

This should ahve never gone to the CAVC or even the BVA. I now firmly believe I have both direct service connectiona as well as presumptive service connection for AO.

Edited July 30, 2007 by rthomass

[Chuck75]

If you have the VSM and the VCM, the only other thing that would enter into the issue is "feet on ground"

The probable exposure to AO residuals due to proximity spraying near your duty station is a plus in your favor for AO exposure. Evidently, the records verified the AO spraying.

So, the result is that you more likely than not have AO exposure, independent of "feet on ground"

And, your military records show Vietnam service, due to the medals. Your pay records may also show something like "hostile fire pay" or other in warzone pay and allowances, as well as tax exemption.

Given the combination of facts and records, it would take a really hard nosed head in sand evaluator to naysay AO exposure.

Once that bridge is crossed, the cancer would be SC'd. (As it was.)

You may have problems getting the VA to SC secondary conditions, and need authoritative IMO's to accomplish this in a reasonable manner.

You mentioed a FOIA act request for info--how long ago was this request made, and have you received a timely reply? The FOIA has a time limit, (I believe 20 working? days) If not met, a complaint can be filed, and may eventually result in an administrative penalty for the delequent office.

I have a document initiated by the Veterans Administration Medical Center to the Veterans Administation Regional Office. VA form 10-7131. In the remarks section it states (top of form block 6) " Vet claiming agent orange exposure. States he was stationed in Nakhon Phanom Thailand. States they sprayed Agent Orange around the perimeter of the basse, which is located 4 miles from the Ho Chi Mihn Trail".

The VARO replied back to the VAMC " Birls shows VADS verified." (BIRLS and VADS are data bases) "Records also show Veteran has Vietnam Service".

I also have via a Freedom of Information Act request have Birls Veteran Information data screen report showing Vietnam Service "Y" (for yes). This was from the Department of Veterans Affairs, Veterans Benefits Administration, Washington DC.

I have to the best of my knowledge never stepped foot in Vietnam; but I do have a Vietman Campaign Medal and the Vietnam Service Medal. I am one confused Veteran.

Berta...Vike17 any help?

Edited July 30, 2007 by Chuck75