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]

Ask them to reconsider and sent them a copy from the NVLSP weeb site of exactly what I posted here-in a prior post-

CLL Nehmer retro goes back to the date of the claim.

"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."

NVLSP Web site-

I would print it off from the NVLSP site- in full color- and maybe then they will get it-

BTW-tonight I am sure we will be discussing Nehmer with John Rossie Blue Water Navy-at the SVR veterans broadcast available on your PC and free call in number at http://www.stardustent.com/

The proposed Blue Water Navy AO bill by Senator Akaka will undo Nehmer retro forever

if any idiots in the Senate actually pass this bill.

I suggest that you contact Rick Spaturo whose addy is within this long link:

http://www.dd-692.com/porthole.htm- go to the part about CLL vets-he is lawyer from NVLSP who won CLL and Nehmer and wants to here from affected CLL vets who didnt get proper retro.

The VARO that is sending you this crap is in absolute defiance of established VA case law regarding Nehmer.IMO.

[jhfleet]

Thanks Berta,

You're a treasure and are much appreciated!

[jhfleet]

I filed a NOD in response to the denial for retro pay that I posted earlier in this thread. The DRO found that the denial was a CUE and awarded retro from the original date of the award back to the date of claim about eight months earlier. This site was a great help to me and i appreciate it very much!

Now, does anyone know how long after a favorable decision it takes to actually get a retro payment??

[Philip Rogers]

jhfleet - can you post what VA diagnostic code they rated it under??? Thanks!

pr

Edited May 6, 2008 by Philip Rogers

[Berta]

It can get in your checking account or mailbox within a week or ten days-

Sometimes this takes longer but I always got a check even before the award letter came-

GREAT!!!! Nehmer in action for a proper AO retro amount!!!!

I dont think many vet reps really know what the Nehmer decision is all about.

If Haas wins in the Fed court-we will sure be getting Nehmer questions from veterans here.

This is wonderful news!

[jhfleet]

Thanks Berta! I really appreciate the advice you extended to me and others in my situation.