Fort Gordon Ao Exposure Bva Decision Now Posted

[jamescripps2]

The decision has now been posted to the BVA website. The citation Nr. is 0941553. It has been more than 100 days since the BVA decision and I still await a rating decision. I just hope that the rating decision and the EED are right the first time around.

http://www.index.va.gov/search/va/va_searc...=&UA=Search

[Berta]

This is an older post that some guests have been reading-

Nehmer only applies to incountry Vietnam vets and I did not make that clear here-

What has happened since this post is that Blue Water Navy vets may or may not fall under Nehmer-we just dont know yet- (due to the Procopio decision)

Nehmer EEds were clarified by FootnoteOne Nehmer 2010.

There is at least one other vet who has won AO due to exposure in CONUS.

There is also a CUE case at the CAVC regarding a better EED under AO-I have very little info on it yet-NVLSP is handling it.

Apparently the veteran is a AO vet but did not fall under Nehmer so he cued his past AO denial because he now has AO comp-it sounds great but I do not have any info on it yet.

Any veteran who gets SC, but was denied in the past for the same disability that does become SC, should definitely check their older decisions and our CUE forum here to see if they can garner more retro under CUE ( or under 38 CFR 3.156-for more retro.

If VA denied a SC you have now, in the past, there is always the chance they made a Clear and Unmistakable Error in the original denial. A successful CUE claim can garner you more comp retro ----depending on the circumstances of the denial.

A CUE claim rests on established evidence in VA's possession at time of the decision being CUEd..

[Berta]

to add:James had continuously  prosecuted his claim and did get the proper retro amount.

Since he did not fall under Nehmer, and if he had a denial in a past decision for the same disability- he could have filed CUE to obtain more retro.

Secretary wilkie is trying to take CUE regulations away from us----I posted that info in our AO forum under Blue Water Navy- AO-NVLSP

 

[Vync]

Apparently, that poison was used everywhere...

[Berta]

Thanks James- and again CONGRATS on this fabulous award and your impeccable work to support your claim.

This pdf (14 pages long) in this post might give you an idea of how these claims under Nehmer are supposed to be handled-regardless of whatever the AO disability is:

http://www.hadit.com/forums/index.php?showtopic=33640

I got a good laugh-in the December post I predicted my AO award would be wrong because of past experiences with them-and sure enough- after 282 days the VA awarded me some of my money-and messed up the AO part of the claim.

They did send the check for what they decided last week.

Also I thought the VA had issued another Fast Letter fairly recently due to the ROs holding back on retro due from BVA awards.I mentioned this and a vet here did as well in some past replies here but I haven't found that letter yet-

The PDF is quite involved- did they send my AO claim to the C & P place? as this letter indicates they should have? -nope-I sent it there myself-

I am convinced that since AO often involves considerable retro-they will do all they can to stave off the payment of retro -in some cases.

Have you checked IRIS or 800# for a status lately?

Edited February 18, 2010 by Berta

[jamescripps2]

Berta, I never filed a claim before October 2005. I understand that Nehmer class claims only have to do with previouslly denied decisions and therefore would not be applied to my claim. Am I right about this?

[Berta]

You are right James- I forgot that this was your initial claim--

any past denied claim for same AO disability-in most cases-will get date of the filing of the denied claim as the Nehmer EED.