Berta

[Donna]

While this is still fresh on my mind, Congressman Boren's aid called me again from DC in reference to when the time clock starts ticking for the 60 day review. He talked to the head of the VA today and they said they expect the rule to be final this fall. When it becomes final, is when the 60 day review starts. It is his opinion, that unless Congress goes for a joint resolution to prevent this rule from becoming final, claims will be developed and payments can start when the rule becomes final. It is also his opinion that congress has NO appetite to prevent Veterans from being compensated for Agent Orange exposure. While it is true that during the hearing process September 23rd, Webb could introduce a Congressional Resolution to stop the rule from becoming final, he does not see that happening at all. My question is, and cannot be answered I guess is: When the rule becomes final this fall, will the review prevent claims from being paid. I understand they can be fully worked up, but will the review prevent the payment? Congressman Boren's office says they will be paid. I don't know if I believe that.

[Dak To II ATC]

Great Information but begs the question of what is current excuse for not making rule final?

[Donna]

Well, Jared Burn in Congressman David Boren's office called me again. This time he wanted to state that he had called the head of the VA back to clarify if the 60 day review would prevent payments being made. He said it would not. When the rule becomes final this fall, payments would start. The only thing that could prevent this from happening is a Congressional Resolution to stop the rule completely and no one see that happening.

[Berta]

I do believe it Donna.

With proof of AO exposure and IHD these claims should be paid, and back to the date of the claim-unless the VA will only pay them for retro using the Effective date of the published regulation.n this case it is to VA's advantage to stave of the regulation publication date as long as they can.

For new IHD claims I foresee this 60 day period might knock out 60 days of comp for many vets as they might not want to pay retro until the formal Reg publication date determines the retro date.

That probably doesn't make sense-but in the past the publication date of the regs was often a factor in AO retro awards and the dates the VA determined as the EED.

Under Nehmer, any vet or widow denied in the past with a final decision whose claim was based on AO IHD should get the date of the older denied claim as the EED for retro when they re-open on basis of the new regs.

I just have a feeling that somehow this might turn into a major skirmish once the awards start to be processed and if this 60 day BS impacts on 60 days of valid AO retro compensation.

I really dont have a clue as to how VA will determine the retro dates for the new claims that have already been filed when Sec Shenseki announced the new presumptives.

I hope NVLSP posts more info on all this as they were the lawyers who not only won Nehmer but who also found the VA in the late 1990s had deliberately withheld millions in retro AO comp from deserving AO veterans by manipulating the Nehmer decision or simply by not applying it at all.

Time will tell but time is the enemy of disabled veterans and just about every AO presumptive has a fatality factor.

Although the spouse or next of kin under Nehmer can receive an award if the AO vets dies -still DIC is about half of a 100% comp check and even spouses ,as claimants, of AO vets - are also dying too.

Thanks for the time you are taking to look into this matter.Sen Webb I heard was overwhelmed with emails, calls and letters from vets on his position on this.What got me was how dare he question the head of a Cabinet post-the VA Secretary-who obviously knows more about AO then he does even though they were both exposed to it.

[Donna]

Thank-you Berta, NVLSP wanted to know the date of my husband's denial for IHD due to AO exposure. It was 2006. He has a AICD implant since 2004 and SSDI from 2004. They told me he would fall under the Nehmer class and his claim should be retro to 2006 and be 100% because of the AICD implant. I do not discuss much of this with my husband as I believe it is my job to take as much stress off of him as possible. I make the calls, do the research, answer VA's request, etc... This site has been a blessing and I have learned so much from it. When we first heard about this in April 2010, we did not know the difference between compensation and pension. I do not know why it is taking so long, I guess you cannot expect any government action to be fast. I too was upset at Senator Webb questioning the Sec of the VA on a job that the Secretary was mandated by congress to do. The hearing will be interesting Sept 23, the aid I talked to says Webb may back down.