diabetes I Won! I Won! After A Four Year And Five Day Battle!

[jamescripps2]

On November 2, 2009, I won the first ever VA claim for Agent Orange exposure, "inside the Continental United States." The claim was granted for Chloracne, Diabetes and Heart Disease with ICD implant, as due to Agent Orange exposure at Fort Gordon GA., in the years 1967-1969. You will be able to read the Board Of Veterans Appeals detailed decision along with the supporting evidence at WWW.va.gov in a couple of months when it is posted. From the web site choose Board of Veterans Appeals, then click on Decisions. Next type in the search box Docket No.08-11 937.

Due to the AICD implant, Class 3 CHF and a LVEF of 25% there should be a 100% P&T award.

Other than a $15.00 Medicare copay, here and there, no money was spent on an IMO, so take heart, you don't have to be rich to win!

James M. Cripps,

Vietnam Veterans OF America Tennessee Agent Orange Committee Chairman.

[Berta]

Absolutely-

if ischemic heart disease caused or contributed to the veteran's death and the veteran can prove exposure to AO ( RVN vets dont have to prove that)

If any widow or widower (we had many female Vietnam veterans too) is granted AO death award- NEHMER kicks in-they become a Nehmer class action member.

Nehmer -as class action case -provides the earliest effective date for AO awards and -in most cases but not all-

the initial date when the claim was filed-whether the widow ,widower or veteran even raised AO as the cause of their disability-

Personal example -you know I am fighting for a refund of a FTCA offset-

also I have requested the proper EED for my DIC-Oct 1994.

Either way the VA goes they still have to pay an amount that was offset to my DIC because the Nehmer decision says I get it.

So- say they dont pay the FTCA offset-

I filed my direct SC death claim in early 1995,The EED is Oct. 1994.

Under the Nehmer court Order they owe me retro to 1994 anyhow -because my husband died due to AO causing -contributing.I dont know if I raised the AO issue for DIC (I forget)but used his settlement award from the original AO lawsuit to support my claim for SC death.

Whether FTCA refund or AO EED due to Nehmer the VA owes me what should be the same amount either way they award.

I wrote to Will Gunn General Counsel VA-DC yesterday to see if he will educate the Buffalo VARO on the provisions of Nehmer and my claim.Or he can order them to refund the offset.

I dont have any denial to NOD because the VA also refused to acknowledge my BVA award under Agent Orange, which involves the same thing.

So I have basis for frontal and flank attack!!! Yippee-

The VARO has refused to use the word "herbicides" or Agent Orange or Nehmer at all in what they have sent me.

They do this at VAROs because they hope the claimant will not google Nehmer or go to the BVA web site (decisions)and possibly find out the VA is deliberately withholding their proper retro-in defiance of established VA case law and regs under Nehmer in M21-1. Keep us in the dark and we allow them to keep our money.

I am repeating something I have said here many times because it is important.

VAROS all across the US have deliberately misapplied Nehmer to thousands of claims.

When NVLSP (who won Nehmer) found out -they went into the ROs and got these vets and widows their money.

Full story of this unconscionable travesty is in the VBM.

VA continues to do it- and they will even do it more now with the 3 new presumptives-

When any vet or widow/widower re-opens a VA claim under any new AO presumptive I just hope they find a vet rep-who knows what the Nehmer decision involves as it could-with AO award-kick in a very favorable EED-

which is not VA's money- it belongs to the claimant by law.

Edited November 5, 2009 by Berta

[Wings]

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Congratulations James, a thank you for setting a new precedent for other veterans!!! ~Wings

P.S. Could someone please post a link to the aforementioned "Shinseki new presumptive ruling"? I haven't heard anything about it! Thanks!

[john999]

Berta

Would a death certificate have to say ishemic heart disease to get the AO award? You know death certificates often are just a couple of words. I guess this is another reason for RVN vets to tell spouses to get a autopsy done on them. You know many people have a hard time talking about this stuff to a spouse.

[Berta]

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1796

Three new AO presumptives: ischemic heart disease, Parkinson's disease, hairy cell leukemia-B cell neoplasm

[Berta]

"Berta

Would a death certificate have to say ishemic heart disease to get the AO award? You know death certificates often are just a couple of words. I guess this is another reason for RVN vets to tell spouses to get a autopsy done on them. You know many people have a hard time talking about this stuff to a spouse"

Probably if not specified that way on the death certificate, the survivor would have to prove with the clinical record that the vet in fact had ischemic heart disease.

My husband had ischemia of brain and heart at death.

Ischemia of brain was on Death cert but the heart disease had a different medical statement on the death cert-

Still his ECHO revealed heart ischemia as well as his autopsy and clinical records.

I would have won my AO claim anyhow- due to this new reg -if I didnt succeed in the DMII CAD claim.

Not all CAD and CHF is due to ischemia.

I feel an autopsy is needed in most cases of DIC these days.It gives a far more detailed account of the actual cause of death.

[carlie]

James,

Fantastic news.

I look forward to reading your BVA decision.

I'm sorry you are sick.

carlie