Trying For Disability Due To Parkinson's

[Big Pat]

I am open for ideas. They said they would send the claim down to the regional office and they have paperwork that he needs to fill out I guess. Is this not the way everyone else does this? I have never done any of this so am a greenhorn here.

[Berta]

He can re-open the claim by going to0 the VA web site and under Forms there is a PDF of the 21-4138 form.

Also it would not hurt to write to the RO for a complete copy of his C file as the older denied cl;aim might be there in the file.

He should state that he was denied in the past for the Parkinsons and expects the Nehmer COurt Order and Stipulation to be applied appropriately to his claim.

If he is unable to work he should also attach a TDIU form to the 21-4138.

What is his PTSD rating?

There are almost 1 million claims in process at the VA. Best not to depend on them for anything-

I was awarded in April and had to go over the RO heads down to DC to get my money.

They couldn't even prepare a proper award letter here in NY.

Edited December 17, 2009 by Berta

[Big Pat]

I think right now they have him at a whopping 10%. He gets next to nothing a month and has been ever since he applied. I will write them and see what I can get out of the RO.

[carlie]

Berta,

How does the following reg apply regarding effective dates for the added Presumptive Conditions ?

Thanks.

carlie

§ 3.114 Change of law or Department of Veterans Affairs issue.

(a) Effective date of award.

Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran is awarded or increased pursuant to a liberalizing law, or a liberalizing VA issue approved by the Secretary or by the Secretary's direction,

the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue.

Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran is awarded or increased pursuant to a liberalizing law or VA issue which became effective on or after the date of its enactment or issuance, in order for a claimant to be eligible for a retroactive payment under the provisions of this paragraph the evidence must show that the claimant met all eligibility criteria for the liberalized benefit on the effective date of the liberalizing law or VA issue and that such eligibility existed continuously from that date to the date of claim or administrative determination of entitlement. The provisions of this paragraph are applicable to original and reopened claims as well as claims for increase.

[carlie]

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

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:

• 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.

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[Big Pat]

I went ahead and sent my dad's info to them. Hopefully that will help. Has anyone else had experience with them? I guess the more people working on it will hopefully pay off faster. I see it is a not-for-profit which is pretty nice. I didn't know if it was some lawyers just trying to drum up business.

Thanks for the info!