Agent Orange Equity Act

[Berta]

NEWS FROM…

CHAIRMAN BOB FILNER

HOUSE COMMITTEE ON VETERANS’ AFFAIRS

FOR IMMEDIATE RELEASE: November 20, 2009

Contact Kristal DeKleer at (202) 225-9756

http://veterans.house.gov

Washington, D.C. – House Veterans’ Affairs Committee Chairman Bob Filner (D-CA) released the following statement in response to H.R. 2254, The Agent Orange Equity Act of 2009, reaching 200+ cosponsors:

More than 200 Members of Congress Agree: Agent Orange Veterans Deserve Compensation for Their Sacrifice!!

“Republicans and Democrats alike have joined together to stand up for Agent Orange veterans. More than 200 Members of the House of Representatives have added their support for H.R. 2254, a bill to expand the eligibility for presumptive conditions to all combat veterans of the Vietnam War, regardless of where they served. Current law requires VA to provide care for service members exposed to Agent Orange by virtue of their ‘boots on the ground,’ but ignores veterans that served in the blue waters and the blue skies of Vietnam. H.R. 2254 will provide veterans with benefits based on their exposure to Agent Orange regardless of an arbitrary geographic line or location. These are benefits that they have earned, yet the Department of Veterans’ Affairs illogically refuses to acknowledge them.

“Time is running out for these Vietnam veterans. Many are dying from their Agent Orange related diseases, uncompensated for their sacrifice. If, as a result of service, a veteran was exposed to Agent Orange and it has resulted in failing health, this country has a moral obligation to care for each veteran the way we promised we would. And as a country at war, we must prove that we will be there for all of our veterans, no matter when they serve.

“There is still a chance for America to meet its obligations to these estimated 800,000 noble veterans. The courts have turned their backs on our veterans, but I believe this Congress will not allow veterans to be cheated of their earned benefits. I would like to thank the more than 200 Members of the House who have bravely joined the fight to stand up for the rights of Agent Orange veterans. I also urge Senators to cosponsor S. 1939, Senator Gillibrand’s companion legislation."

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http://veterans.house.gov/dear_colleague/H...arColleague.pdf

[VetsLady]

Finally. Never ever seemed fair that a sailor or Marine who served along the DMZ, in the Gulf of Tonkin and anywhere else AO was

used in what is considered "blue waters" may get their chance at validating their claim. AO was everywhere, in the water, the food, on the choppers landing on the ships, etc.

My husband was "considered" blue water as he was part of the Marine Detachment onboard a cruiser and the CO's Orderly. Many Top Secret

visits to DaNang where he was required to accompany the CO were made and it was through photographs, buddy statements and a 50/50

equipose that he did in fact leave the ship with the CO, he was sc for AO related DM2.

I hope this goes all the way and those who are deserving, will receive their benefits. Finally.

Edited November 21, 2009 by VetsLady

[Berta]

It sounds like you sure both did the leg work to succeed on his claim.

If he develops any possible ratable complication of DMII and there are plenty that could come with time- but not in every case- he should immediately file for them as secondary to the DMII.

[VetsLady]

It sounds like you sure both did the leg work to succeed on his claim.

If he develops any possible ratable complication of DMII and there are plenty that could come with time- but not in every case- he should immediately file for them as secondary to the DMII.

It was alot of work. Worth it. I submitted maps, photos (while in port at DaNang), we had several buddy statements....VA had no choice but to concede. Given the Top Secret authority my husband was privvy to with beingthe CO's Orderly, I'm certain there was a way VA substantiated the meetings and since it's on the list of presumption, they had to sc him. Yes, we have him rated, even tho at a 0% for a residual of DM2, and rated sc for 4 other residuals of DM2.

When his appeal is done (it's on a separate medical issue, not related to DM2), I plan to re-open the claim as they rated him from the date of the exam for DM2, and we have tons of evidence showing these conditions were present on the date he filed his original claim which was in early '03, backdate 1 year for the presumption, so basically sc and retro paid from early '02. His C&P for DM2 was in Feb. 08 and that is the date they used to compute his retro. Wrong. With the medical evidence we have, it's easily proven that the residuals were present long before Feb. 08. Why they waited sooooooooo long to do a C&P is besides me. If I lived my life with the glass half empty rather than half full, I'd guess they "thought" delay the exam, less retro and the Veteran goes away.

I think they are stuck with me. LOL! I'd rather wait until the appeal is complete which should be very soon, then file for re-opening on the DM2 claim. We don't need another delay on the appeal.

VetsLady

[VetsLady]

I correct myself, they did rate him back to 1 year prior, but only at 20%. From the date of the C&P is when the 70% started. The medical evidence from his private doctor supports an EED of at least the 70% and this will be what I'll re-open for an EED of the sc of DM2 at 70%. I think they "thought" or maybe missed, who knows really...., the evidence supporting a 70% sc from the initial claim date.

VetsLady

[VetsLady]

I have a question for you. When my husband was hospitalized in '76 and a claim was filed, why wasn't a C&P given before denial in rating decision '77? Who arranges that and how?

I'm no expert but, perhaps the reason was the condition why he was hospitalized didn't have anything to do with his military service?

Did they deny the entire claim or, a portion? You didn't mention if the denied claim was appealed and eventually sc.

In 1976 and 1977, I have no idea what the protocol was for a C&P examination. I graduated HS in '76 and was going to college and working PT then.

I hadn't met my husband yet....he came into my life in 1990.

In today's world, at least here on the West Coast, a company named QTC who is owned by doctors, and I hear VA higher ups and who knows who else,

they contract doctor's in all medical and psychological fields to perform C&P exams.

I'm sure someone will come along and provide an answer to your question. I'm going to follow this thread as I'm interested in the answer.

VetsLady

[Berta]

Vets Lady-I just caught this-

By all means question that EED-did you file a NOD yet? You might get faster results with a Reconsideration Request- instead but watch the NOD time frame.

"I correct myself, they did rate him back to 1 year prior, but only at 20%. From the date of the C&P is when the 70% started. The medical evidence from his private doctor supports an EED of at least the 70% and this will be what I'll re-open for an EED of the sc of DM2 at 70%. I think they "thought" or maybe missed, who knows really...., the evidence supporting a 70% sc from the initial claim date."

Do you mean that his secondary disabilities that are directly due toi the DMII are included in the 70%?

I might have asked before but had he ever been denied in the past by VA for DMII?

Due to the Nehmer Court Order and stipulation ( he is in the Nehmer class action, like me and all AO vets here)

a past denial for DMII as NSC might be his actually EED on the DMII.