Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  

3 Ao Presumptives Published ?


Someone needs to check this out...

Canton Daily Ledger Posted May 03, 2010 @ 05:56 PM LEWISTOWN — On Oct. 13, 2009, the secretary of the Department of Veterans Affairs (VA) announced his decision to establish presumption of service connection for three additional illnesses (Parkinson's disease, ischemic heart disease, and B cell leukemia) associated with Agent Orange/herbicide exposure in Vietnam.

On March 25, 2010, the VA published a proposed regulation in the Federal Register as part of the process to implement the decision to add those three diseases to the list of presumptive conditions related to Agent Orange/herbicide exposure.

The final regulation will affect a large number of Vietnam veterans, estimated to be at least 200,000 veterans.

"This is an important step forward in ensuring that Vietnam veterans are justly compensated for the adverse effects suffered by exposure to Agent Orange during their service to our country," said Andy Fyffe, superintendent of Fulton County Veterans Assistance Commission, in a press release.

Veteran service officers should file presumptive claims now for these conditions without waiting for the completion of the regulation process, the press release from Fyffe added. Filing these claims prior to the publication of the final regulation is important for effective purposes and it also allows VA to start the claims development process (conducting VA examinations, requesting supporting evidence, etc.) to allow for timely adjudication once the final regulation has been published.

Veterans Affairs and Rehabilitation (VA&R) staff are in the process of reviewing the proposed regulation for public comment. A more detailed VA&R Bulletin containing effective date and other information will be issued following the publication of the final regulation.

In the meantime, direct questions or concerns to Ian de Planque, assistant director for Claims Service, VA&R, at ideplanque@legion.org or (202) 263-5762 begin_of_the_skype_highlighting (202) 263-5762 end_of_the_skype_highlighting; or contact the Fulton County Veterans Assistance office at 309-547-7262 begin_of_the_skype_highlighting 309-547-7262 end_of_the_skype_highlighting for a copy of the official bulletin released by the VA.

Also, the Department of Veterans Affairs (VA) has issued a warning in American Legion Bulletin 16-10 to veterans not to disclose personal information over the phone to callers claiming to update, confirm, or verify VA-related information.

VA reports the fraudulent caller's mode of operation include asking for credit card numbers, bank routing number, and other personal and financial information. A recent fraudulent call reported by a veteran included the caller claiming to be a VA employee and stating that the veteran's medical card had expired. The caller would then ask the veteran to submit a check over the phone to renew the medical card.

VA warns to be leery of any call originating from (888) 555-1234 begin_of_the_skype_highlighting (888) 555-1234 end_of_the_skype_highlighting for it is the number identified in the case above.Veterans with questions about VA services should contact the Veterans Administration at (877) 222-8387 begin_of_the_skype_highlighting (877) 222-8387 end_of_the_skype_highlighting or their nearest VA medical center.

The Fulton County VAC office is located at 132 N. Adams St., Lewistown.

Copyright 2010 Canton Daily Ledger. Some rights reserved Ahttp://www.cantondailyledger.com/news/x1540368784/VA-publishes-proposed-Agent-Orange-presumption-regulation-for-conditions-warns-veterans-about-fraudulent-callers

Share this post

Link to post
Share on other sites

Recommended Posts

Well, not all of the AO 3 will be settled at the same rate, as published in rules most IHD claims will be at 60%

Share this post

Link to post
Share on other sites
Please reference the M21-1MR, for what is accepted and considered an informal claim, and how long the veteran has to provide information, and what would their effective date be for a claim that is initiated over the phone.

The reference is

M21-1MR, Part III, Subpart ii, Chapter 2, Section D

For the record, I never stated this was the best way to open a claim.

I posted and I stand by my statement, that a Veteran can initiate a claim or re-open a claim by calling the VA 800#. And according the VA M21-1MR the Veteran has up to one year to provide any information the VA my request , and the date of the original telephone call or informal contact requesting consideration for a claimed condition (even if it is not on the proper form) will be processed with the date of claim being the date the veteran made his initial request.

The M21R is not a regulation, It is a working guide for the VA employees to do their jobs. The controlling factor is the title 38 cfr. In this spacific case it would be effective dates and these effect each Vet differently according to their period of service and the type of claim th ey have, Direct, Presumptive and ect.

You have quoted informal claim and I see your point but I do re iterate that the effective date is the date the claim is filed or the date the entitlement arose, whichever is later and the VA will usually go back a year if the latter happens or to the date of a spacific diagnosis or test.


Share this post

Link to post
Share on other sites

The 3 AO's have had a long and ruff road. Suspect that we may actually get some actual awarding of claims by end of summer...

Share this post

Link to post
Share on other sites

Yes-Durock - in some cases the Date of claim could still provide retro prior to the filing date.

Some cases-

personal example:

My husband had 30% PTSD SC from 1984 claim field.

At his death he had a claim for higher SC rating pending, also he sent them a TDIU form (1992)and filed a Sec 1151 claim in 1994 as well.

In Spring 1993 SSA awarded him SSDI solely for his PTSD.

In 1997 the VA rendered 2 posthumous awards.(I formally reopened these claim when he died)

They both succeeded with the EED for his PTSD retro-not back to his Sept 1992 VA filing date but back to the 1991 date that the SSA had given him.They awarded 100% P & for PTSD.

The medical rationale for the VA Award date that superceded his filing date was that the medical evidence for one year prior to fling his formal claim supported the earlier favorable EED for the PTSD retro.

In most past denied AO claims , a successful award under any new presumptive should trigger the EED back to the date of the original claim.(Nehmer COurt Order)

The VA made a statement recently (maybe in the Federal Register stuff)that the past claimed condition should be easily recognizable as a new AO presumptive.

WHat they meant in my opinion was -say a vet filed for a COPD claim due to AO and added that her COPD was aggravated by the DMII and was denied but at same time the VA listed the DMII as NSC on the older award rating sheet and gave a NSC rating for the DMII.But denied as secondary.

Then lets say the veteran only realized her DMII was due to her service in Vietnam as a presumptive and files a claim in 2010.

If the VA had stated that the DMII was denied as NSC in the older decision it is very likely this vet could well gain a very favorable DMII retro date in a staged rating back to the DMII denial.

In MOST cases however the VA uses the date of the claim or TDIU form to determine the retro.

Share this post

Link to post
Share on other sites

Not all of the 3 AO's will be awarded the same percentages, the VA has the regs for those that wish to know about the 3 AO presumptives

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Disabled Veterans Property Tax Exemptions by State
      A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
      • 0 replies
    • Thanks everyone for their answers and advise and yes Ido have a VSO American legion but unfortunately I still have to manage to work and call times are mornings only almost impossible to talk with him.

       I am gonna try to get ahold of him tomorrow but u have to call right at 0730 eastern OR call list fills and never get on his list sucks!

      The worst thing I’m going through is that I’m stuck in limbo I can’t file on my other things I can’t add nothing I can’t do anything basically my hands are tied, this is complete wearing on me mentally Not to mention I’ve been out of the service since 95 was six service-connected disabilities and then thrown to the wayside as a young adult with no knowledge of how what or when by the VA  now that I’m middle-aged my service-connected disabilities Have gotten so severe that I have multiple secondaries until I came across by chance a VSO in my county that helped me out back in 15 I’d still be at a loss and left at the wayside forgotten about now that I’ve been back in the system And have a 80% rating the VA now is trying to drop two of my ratings because I feel that this DRO rview is going to put me at 100% or really close  in a way to just keep us down and out and causing worse injuries by forcing ourselves to do what we have to as humans to survive in the workforce that you can’t really physically do anymore sucks all the way around! 
    • Need your support - Please buy a mug or a membership
      had to move to a dedicated server this month and our costs have gone up, if you have been thinking about subscribing to an ad free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 15 replies
    • Permanent and Total from cck-law..com
      1:10 What is Permanent and Total Disability?

      2:05 Conditions that automatically receive a permanent and total rating (P&T)

      2:32 Conditions less likely to receive P&T

      4:29 How to find out if your VA rating is permanent

      6:03 Is there a VA form to apply for Perm and Total status?

      6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

      8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

      8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

      10:26 Stabilized Ratings

      11:26 Continuous Ratings

      12:57 What to do if VA proposes a rating reduction

      16:03 Final Thoughts & Tips


      • 8 replies
    • Veteran Population by State

      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines