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]

Berta, I filed my initial claim on 10 Jan 2005 for Non Hodgskins Lymphoma due to the exposure to Agent Orange. I was initially diagnosed with NHL by the local VAMC June 2003. The VA has treated me for the disease from day one. Does any of this impact a Nehmer type award. Is it possible for VA to award prior to the formal initial claim date of 10 January 2005? Seems that since they initially diagnosed NHL and subsequently treated me for NHL that an inferred claim existed in June 2003. Bear in mind I am trying to get it service connected (Thailand) while at the same time I have documents stating "Veteran has Vietnam service".

[Berta]

I deleted my reply because we lost power twice here in the mountains and I think it distracted me too much to make sense in that post-

Yes I think you can get at least retro back to Jan 2004 but dont hesitate to try for retro back to the date of diagnosis-

Nehmer retros are pretty involved and since every AO claim is unique-it pays to study the entire Court Order and Stipulation under Nehmer as to retro awards. I posted this all here before at hadit-

lots of legalize but well worth taking the time to read -

Again I remind all that the VA tried to snooker MILLIONS of bucks from AO vets in their retro awards and NVLSP stepped in and got them their money-

Still every vet with AO retro should make sure that they got all they should have gotten.

NHL has a criteria different for most AO disease too-

I posted that info here too available under a search-

I have a NHL AO friend- he said NHL is either awarded at 100% or at "0" SC if it is in remission-

I dont have the regs on that but am sure they are here under the search feature-

the remission "0" factor- oif this vet is correct- does not overlook that cancer treatmenst, and the meds, and other problems can cause the remission to still disable the veteran at a ratable level.

He also gets SMC due to the NHL that is total and permanent - it is because of this

(and also because he is Sec 1151 survivor due to NHL misdiagnosis)

that he gets 100% under 1151 and also is 100% disabled due to the affect of his NHL now in remission-

I handled these claims and still believe the VA decision was wrong under Nehmer and they owe him money - but he will not file another claim and the NOD date has passed-

I had to turn over to the local accredited vet reps many claims I handled because of lack of time here to handle them and he was afraid of his new rep and this is why he would not file a claim or challenge the older award.

BTW -I think the proper court decision on the outcome of the Haas litigation will open the door for all Thailand, Guam, Laos, and Okinawa vets.

I have not been able to even consider the possibility that Haas will fail-

we discussed Haas last night at SVR show and their show archive will be available at their site later today or in a few days-