Cll Back Compensation

[jhfleet]

I am one of those affected by the recent Appeals Court ruling that VA has to pay from the date of claim for Agent Orange connected CLL. Previously VA would pay only from October 16, 2003 for claims submitted prior to that date. My claim was made in early 2003, and many claims were made several years prior to 2003. So, this is a very big win for those affected. I checked with VA to see if CLL claims would be re-opened as a result of the court finding and if back pay to the date of claim was forthcoming. The VA person said each claimant would have to write the VA and contest the date of award in order for the date to be adjusted in accordance with the court decision. The VA was handed it's head by the Appeals Court over this issue and might be dragging its feet on back pay. Therefore, it might speed up matters if an appeal letter is written by CLL claimants who have back pay coming.

[Berta]

I suggest you go to http://www.nvlsp.org/Information/ArticleLi...range/index.htm

for the nitty gritty on Cll- they were the pro bono lawyers who won this-

and-if the VA still owes you retro-You could print off the NVLSP statement and send it to the VA in support of your CLL retro date.

Actually this is so important it pays to post it here again:

"FLASH NEWS

NVLSP Wins Ruling in the 9th Circuit Requiring VA to Pay Retroactive

Benefits for CLL

On July 19, 2007, the United States Court of Appeals for the Ninth Circuit ruled in favor of Vietnam veterans in the latest chapter of Nehmer v. Department of Veterans Affairs. The Court of Appeals sided with NVLSP in affirming the ruling of the United States District Court for the Northern District of California that required the VA to pay retroactive benefits for Chronic Lymphocytic Leukemia (CLL). The decision is a huge victory for veterans and their families.

Previously, the earliest effective date the VA would assign for CLL-related claims based on Agent Orange exposure was October 16, 2003, the date of the VA’s regulation presumptively service-connecting CLL. Now, pursuant to the Court’s ruling, Vietnam veterans or their survivors are entitled to benefits retroactive to the date of their first claim based on CLL, even if the claim was made prior to October 16, 2003.

Read the Ninth Circuit’s Opinion here.

Here are two of the many news articles discussing the ruling:

VA Rebuked for Balking on Agent Orange Care (LA Times)

Court Orders VA to Pay in Agent Orange Cases (Navy Times) "

(These links just work at the NVLSP web site.)

[SLEDGE]

A great victory on paper only.

The VA has fought paying out compensation on AO claims tooth and nail and the VA is not a newcomer to violating a court order.

Our fearless leader is doing everything he can to ignore and forget about all veterans, he's making up new rules that apply to combat vets only, cutting off their VA comp at age 65, which I'm absolutely certain will be applied to all veterans if he gets it passed.

For more years than I've been around the VA has blamed their budget shortfalls when they refuse to properly treat veteran's medical problems.

In order to live up to the congressional mandate for the VA, there has to be an open-ended blank check, not a rigid, specified amount in a budget.

Our treatment costs should be absorbed after the fact, not cut before we incur them according to a preconceived low-ball budget.

We certainly should not to be viewed as costing the government, or as an unexpected liability to be minimized, our medical costs are actually a previously agreed upon expense directly related to national security.

Never count VA dollars until they hit the bank and then hide them in a buried jar.

sledge

[Ricky]

to write the VA and contest the date of award in order for the date to be adjusted in accordance with the court decision. Did they mean submit an appeal or something like and appeal? I do not think that was the courts intention. The court ruling should prompt the payment of benefits.

Sledge - Good point: Never count VA dollars until they hit the bank and then hide them in a buried jar. As soon as my monthly payments or any back pay hits the bank the other half is waiting for the removal action. I have her take them and put them into her account as quick as possible. Don't know if this will stop anything but sure as hell makes me feel better hahahahahaha. Hmmmmmmm - never though about what if she has a hidden boyfriend on the side, you know some 18 year old with muscles that has some strength left in them- nah we can not run each other off with sticks. Been together too long (38 years). Heck we would not know what to do if we could not spend the day picking at each other hahahaha

[Berta]

"to write the VA and contest the date of award in order for the date to be adjusted in accordance with the court decision. Did they mean submit an appeal or something like and appeal? I do not think that was the courts intention. The court ruling should prompt the payment of benefits"

Ricky -you are right- the ruling should prompt the payment of the proper retro-

BUT VA defied Nehmer years ago regarding thousands and thousands of AO veterans and millions of dollars in retro money-

Some of those vets did not even know they were improperly awarded.NVLSP got them their money.

JHfleet has the right idea-

this is not a NOD or an I-9 appeal issue - just send them a letter and ask for the retro they owe you under the US CA -9th circuit's July 19,2007 decision.

A vet can send the NVLSP statement at the link I gave here as attached to the letter or even this is good:

http://www.navytimes.com/news/2007/07/ap_v...torange_070720/

Or send the entire US CA Circuit Court opinion:

http://www.ca9.uscourts.gov/ca9/newopinion...pdf?openelement

(it is 32 pages long).

VA has been ordered to pay this retro.

I wonder how many CLL vets were snookered out of Nehmer retro and dont even know it yet.

[jhfleet]

The way I understand the issue is exactly as Berta mentioned. No formal appeal needed, just a letter requesting redress. I wrote a letter stating that I believed that the effective date of my compensation was not in accordance with existing law. And, I requested that the effective date of my compensation be adjusted to the date my claim was received by the VA.

Don't have a clue why the retro isn't automatic in this situation. The appeals court decision seems pretty clear to me!

Edited August 30, 2007 by jhfleet

[jhfleet]

Well, here's an update on my situation:

Yesterday I received a response from the local VA office regarding my letter requesting retro to date of claim in accordance with the Appeals Court decision. The VA denied my request, making no reference to the Appeals Court decision. The stated reason for denying retro prior to October 16, 2003 was that "the law recognizing CLL as presumptive to Agent Orance was not effective until October 16, 2003".

Apparently VA is still playing hard ball on retro for CLL regardless of the Appeals Court decision. I plan to appeal and will forward all 32 pages of the court decision plus copies of BVA decisions involving CLL retro prior to the magic date of October 16, 2003. The BVA found for the veteran in several cases almost identical to mine.

Any advice?

Thanks