Vets Filing Under New Ao

[Berta]

I got this info this AM in email from a vet's lawyer I know-

I dont know if this is also posted at NVLSP web site but it probably is:

VA TO ADD PARKINSON'S, ISCHEMIC HEART DISEASE, AND B CELL LEUKEMIAS TO LIST

OF AGENT ORANGE-RELATED DISEASES

Relying on a recent report from an independent organization (the Institute

of Medicine), Secretary of Veterans Affairs Eric K. Shinseki announced on

October 13, 2009, that the VA will add three new diseases to its list of 12

illnesses associated with exposure to Agent Orange. The three newly

recognized diseases are:

http://www.nvlsp. org/Information/ ArticleLibrary/ AgentOrange/ AO-VAaddsdisease://http://www.nvlsp. org/Information/ ...O-VAaddsdisease

. Ischemic heart disease (including coronary artery disease);

. Parkinson's disease; and

. B cell leukemias (such as hairy cell leukemia).

This announcement means that veterans who suffer from one of these diseases

will become entitled to service-connected disability compensation from the

VA as long as they stepped foot on land in Vietnam during active duty at any

time between January 9, 1962 and May 7, 1975. Other veterans who suffer from

one of these diseases will become entitled to these benefits if they can

show that they were exposed to Agent Orange during active duty.

To qualify, it will not matter when the disease first appeared. Thus, a

Vietnam veteran who is first diagnosed with ischemic heart disease 50 years

after discharge from service will become entitled to VA disability

compensation benefits.

The announcement also opens the door to death benefits. Qualifying surviving

family members of Vietnam veterans who have died, or who die in the future,

from one of the three diseases will become entitled to service-connected

death benefits known as Dependency and Indemnity Compensation (DIC).

NVLSP's Advice on What to Do Now

The VA will not begin to pay benefits for any of these diseases until it

amends its Agent Orange regulations. This process usually takes months. But

if you are a Vietnam veteran who suffers from one of these diseases, or a

qualifying surviving family member of a Vietnam veteran who died from one of

these diseases, we advise you to take the action described below.

If you are a Vietnam veteran who suffers (or a survivor of a veteran who

died) from one of the three diseases and you never previously filed a VA

disability or death compensation claim for the disease: We advise you to

immediately file with the VA a claim for service-connected disability

compensation (or DIC) for the disease. As a result of the court order NVLSP

obtained in its Agent Orange class action, the VA will be required to pay

you, if your claim is successful, benefits retroactive to the date the VA

first receives your claim. In general, this means that for every month you

delay in filing your claim, you will not be entitled to VA compensation for

that month.

If you are a Vietnam veteran who suffers (or a survivor of a veteran who

died) from one of the three diseases and you did previously file a VA

disability or death compensation claim for the disease: We advise you to

take two steps:

(1) Immediately file with the VA another claim for service-connected

disability compensation (or DIC) for the disease. This will help protect you

from the possibility that the VA will interpret your previous claim as a

pension claim instead of a compensation claim, or as being for a disease

other than one of the three new diseases;

(2) Send email us at agentorange@ nvlsp.org and provide the the following

information:

.your full name;

.your current address;

.your current phone number;

.if you are a surviving family member, the full name of the deceased

veteran;

.your VA claims file number;

.the approximate year in which you first filed a disability or DIC claim for

Ischemic heart disease, Parkinson's disease, or a B cell leukemia;

.identify which of the three diseases was the subject of the claim.

Why NVLSP Requests An Email If You Previously Filed A Disability

Compensation or DIC Claim For One Of The Three Diseases:

NVLSP requests this email to help us protect your right to the proper amount

of retroactive benefits if the VA grants your claim. As a result of the

court order NVLSP obtained in its Agent Orange class action, the VA will be

required in the future to go through its records and identify all Vietnam

veterans and survivors of Vietnam veterans who filed a compensation claim in

the past for one of the three diseases. Then, the VA will redecide each of

these prior claims under its new rules. If the claim is granted, the VA will

generally be required to pay you benefits retroactive to the date the VA

received your first disability compensation or DIC claim for the disease.

NVLSP wants to make sure that the VA identifies your case as one it needs to

review under the court order NVLSP obtained in its Agent Orange class

action. NVLSP will compare the list that we ultimately get from the VA with

the emails we receive to ensure that the VA reviews the case of every

Vietnam veteran or survivor it is required by law to review.”

[Berta]

If you really expect a decision that fast maybe you should wait-

I feel however that these claims should be filed ASAP top get the best EED for the new presumptives.

I have the 4 page VA fast letter on any claim for AO IHD, Parkinsons, or Hairy Cell B leukemia-

They will put any claims under the new presumptives into a Stay, they will send a VCAA letter and explain the stay to the veteran.

The veteran will have a VCAA letter in a few months after filing the claim and can begin obtaining any evidence they still need.

As soon as the Fed Register publicises the new regs, a comment period will open for the public. When that is over the regs will go into 38 CFR,USC and M21-1- amending the AO presumptives we have now.The VARO at that point could begin to award the claims they have.

This will certainly take time- you might want to consider keepong this claim separate from what you have pending and filing it ASAP.

Did VA ever deny you a claim for IHD in the past? If so you might get a fabulous EED under Nehmer- hard to say yet how they will interpret Nehmer to these claims-

I assume that your are incountry Vietnam or within the Korean AO regs?

By ICD do you mean ischemic cardiac disease?

Edited November 26, 2009 by Berta

[Berta]

PS please read any posts I made with links to Nehmer at the AO forum here-

NVLSP lawyer agreed with me that CLL had to go under Nehmer before it was reg but that wasnt in granite yet- then some vets had a heck of a time with their proper EEDS.

One here did with CLL and I helped him get the right comp amount.

I foresee Nehmer will rule the ROs on these new claims-

You will notice that VA never mentions Nehmer in our AO decisions- they do that so we wont Google Nehmer and find out they might owe us plenty more.

My EED under Nehmer for my April 29th 2009 award is 1994.

Class action Nehmer Widows have to check their award dates too.

Beverly Nehmer case -won by NVLSP- is unlike all other claims and cases the VA has.

And continuies to affect thousands of vets and widows-

I just wonder how they all will find out about these new regs if they were denied in the past.

[Boro]

Never made a claim other than the one pending right now, for Prostate Cancer and it's residuals.

ICD, yes Ischemic Heart Disease/Ischemic Coronary Disease.

Yes, in country Vietnam, from the day I arrived until the day I left there, I was on the ground. 12B20 Combat Engineer at Camp Eagle.

[Stretch]

http://www.nvlsp.org/Information/ArticleLi...sestoAOlist.htm

[Berta]

Prostate ratings are a little different than other AO ratings:

http://www4.va.gov/vetapp09/files3/0925351.txt

Boro -do you have a vet rep?

Do you have anything from the VA that does indicate the decision is coming soon on the prostate claim?

[Boro]

When I left the VA Regional Office in Phoenix on Tuesday, the Coordinator indicated to me that nothing esle was required for them to proceed. My C&P exam was Sept 1, 2009, which I thought went well. Since then they have asked me for things that were already in my file! ;) This last piece was probably my fault. The copy of the DD214 they had did not have a embossed stamp on it indicating it was certified. So, I took them my original and let them make their own certified copy. To help things move along, I sent them a copy of my 201 file showing my deployments etc. At any rate I am hoping that my file moves along.

When I need any assistance I use The Chief Service Officer at the Mesa Vet Center. His name is Johnny Pancrazio.

I have taken him my claim papers to have him review them for things I might be missing.

But, reading on forums such as this one, it seemed to me that most claims were being awarded approx. 60 days after the C&P exam. Having not ever done this before I'm just going with that type of info. With prostate cancer being on the presumptive list, I had the misconception that these type of claims might move through the VA a little quicker. But, they continually show me, they don't seem to have any real process or checklist for gathering their data. Anyhow, it is now 6 months.