25thinfdivpio Posted May 8, 2010 Share Posted May 8, 2010 . Claim for PTSD filed in September of last year. Parkinson's added in March of this year. C&P exam for both, on Thursday, the 6th, (May). Questions...Does anyone know if the new AO presumptive rulings have taken effect? If not, when and why C&P? I really appreciate any help here. Link to comment Share on other sites More sharing options...
Berta Posted May 8, 2010 Share Posted May 8, 2010 VA Regulations are required to have a 60 day comment period- these new AO regs just ended the comment period and as soon as the regulations are formally published they will be law of the land.I think (hope) by July, the regulations will be in granite but vets have already filed claims and with proof of Parkinson's and proof of AO exposure this should not be a daunting task to VA to properly start awarding these claims. It will still be a waiting game-and at the recent H VAC hearing- many vets advocates (as well As Chairman Congressman Filner) reminded the VA that vets are dying waiting for their claim of any type to be finished. The best thing any AO vet coming under the new regs can do is to make sure they send VA everything the VCAA letter asks for (some claims might not even require a VCAA letter if there is enough evidence already) and also be sure to remind VA of the date of any past decision on the new AO pesumptives that they might have been denied for in the past. PArkinson's falls under the Nehmer COurt Order ( explained in the AO forum) and has very favorable EEDs for many claimants whose AO disability was denied in the past. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Honibe Posted May 10, 2010 Share Posted May 10, 2010 I thought anyone who was previously denied regarding one of the new (3) presumptive conditions, would automatically have their denied claimed reconsidered by the VA, when the new regulation took effect. BUT I have been told different... The word on the street is, any Veteran who meets the qualifications for any one or more of the newly added (3) AO presumptive conditions, and who has previously been denied, needs to re-open their claim for re-consideration. I have been told the VA will not be looking at previously denied claims and will not be sending out notices to Veterans telling them about the new (3) presumptive conditions, even to those who have previously been denied. Unless you currently have an open claim or a claim on appeal, you need to contact VA. As soon as possible re-open your previusly deined claim for the specific condition, and state you want it considered secondary to Herbicide exposure. Agreed, it's not right or fair, but that's the scuttlebutt. Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted May 11, 2010 HadIt.com Elder Share Posted May 11, 2010 Hey, I just thought of something. It's a "little" off subject.....................but maybe not. Didn't that guy, Michael J Fox I think his name is, didn't HE make a Vietnam movie? If so, didn't they actually shoot that movie in The Nam? Seems to me I remember some interview he did, complaining of the heat and bugs and stuff that actors normally complain about whilst making millions of dollars. Anyway, expiring minds like mine................................etc. "It is cold and we have no blankets. The little children are freezing to death. My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death. I want to have time to look for my children and see how many of them I can find. Maybe I shall find them among the dead. Hear me, my chiefs! I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever." Chief Joseph Link to comment Share on other sites More sharing options...
Honibe Posted May 11, 2010 Share Posted May 11, 2010 Your point? Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted May 11, 2010 HadIt.com Elder Share Posted May 11, 2010 Your point? He has Parkinsons disease. "It is cold and we have no blankets. The little children are freezing to death. My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death. I want to have time to look for my children and see how many of them I can find. Maybe I shall find them among the dead. Hear me, my chiefs! I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever." Chief Joseph Link to comment Share on other sites More sharing options...
Honibe Posted May 11, 2010 Share Posted May 11, 2010 Ahhh, I got it. Sorry a little slow on the uptake. If that's so, would it be to far fetched? I think not. Link to comment Share on other sites More sharing options...
Question
25thinfdivpio
.
Claim for PTSD filed in September of last year. Parkinson's added in March of this year.
C&P exam for both, on Thursday, the 6th, (May).
Questions...Does anyone know if the new AO presumptive rulings have taken effect?
If not, when and why C&P?
I really appreciate any help here.
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