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Smoger Ao Lawsuit

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Berta

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"Unfortunately, if the Supreme Court does not accept review, we will be at the end of our road. I know that you have waited a long time to get redress for what you have suffered from the herbicide manufacturers’ Agent Orange. At the original request of Admiral Zumwalt I have been working on this matter for fifteen years. I appreciate your patience and understanding."

Gersen Smoger more info at

www.agentorangelaw.net.

I dont know how many vets were accepted into this class action case that started years ago.

What I dont get is how the original AO Settlement Fund was money paid to any incountry Vietnam Vet exposed to AO who also had a totally disabling disability.(They required proof of total disability from the VA or from SSA)

It seems that they paid Rod based on his SSA award for Sec 1151 CVA and then as I recall- when we challenged the SSA award, SSA then went back one year prior as SSA for PTSD-I told the AO lawsuit people and I am sure Rod got retro from them on the AO payments due to a different toal disability date from the SSA.

If payments were made to any Vietnam vet who was totally disabled- regardless of cause of disability-

why shouldn't the VA grant SC for AO the same way?

Then again-too much $$$-

it is easier for them just to have a presumptive list, add to it once in a while, and I wonder how many vets die before their disabilities due to AO even get on the presumptive list.

All AO vets have a right of survivorship to their next if kin if they die with an award under Nehmer pending.

VA is supposed to find their next of kin.

A widow becomes a class action Nehmer member and if the widow dies the VA has to declare someone else as class action member and next of kin for any AO Nehmer payment due.

I have written to NVLSP for any clarification they can give me on this.

I have read this in the Nehmer Court Order ans Stipulation but have never seen a case where the VA paid anyone in the surviving spouses place as next of kin.

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  • HadIt.com Elder

I was in the Smogger class action. I have never heard from him lately. Everyone is off the hook except the victims of AO.

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  • HadIt.com Elder

I am on the suit also. Signed up online in 2004. I never heard from anyone, so I sent them an email one night. Next day had call from Oakland Office telling me I was part of the Class Action Suit. What do we do now, just wait?

Don

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  • HadIt.com Elder

Berta,

In that first law suit you are correct you had to be totally disabled. What really sucked was you could have broken back while ride cycle years after Vietnam War & get paid. I knew Vet 0% VA, Totally disabled vet injured back in cotton mill, drawing SSD got AO check. It was screwed from the start.

Don

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