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New Ao Regs



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The Secretary's response to this Writ is here:


I think the best thing any vet with one of these new AO presumptives is to file their claim ASAP!!!!!

There is a lot of legal mumbo jumbo here but if one reads it all the publication date does impact on some of the effective dates of some of these new AO claims.This is why the skirmish between vet orgs, vet5 lawyers, the Court and the Sec.

I posted my Federal Register comment here somewhere and I see the retro issue I raised has been defined better in the Secretary's response.

It appeared to me that the VA was trying to limit retro payments to the "first year" or something like that and yet Nehmer

is quite clear as to how any retro will be paid regarding past denied claims for what is now an AO presumptive claim.

NVLSP certainly is not going to stand for any manipulaton of the Nehmer COurt Order.

I started preparing my IHD claim today.

I have to word it carefully. The medical evidence is solid,but it is unique in a way.

The VA awarded me AO death DIC due to my husband's exposure to AO.They had to change their prior award of DIC under 1151.

The only issue they have failed to acknowledge or rectify is that in 2 past decisions they never inferred SMC consideration for him.

They have never rated his DMII, IHD or CVA -all due to DMII incurred by AO in Vietnam.

His IHD was at least 60% disabling up to point that -and since it caused his death-it was 100% disabling.

His CVA (ischemic brain disease due to his DMII was rated incorrectly at 90 % when it should have been 100% and never changed from NSC to 1151 disability and now direct SC secondary to the DMII.

Either via 1151 (I have CUE claim pending on this)or due to the recent AO award for direct SC death with CVA and IHD contributing that I received, the VA has enough medical evidence (that was in the C file and med recs at time of his death to infer and award SMC.He also received 100% P & T SC for PTSD.

His ECHO and 2 past EKGS ,the autopsy and a statement from VA Central Office when I FTCAed them fully supports award of accrued SMC under the Nehmer Court Order due to IHD. Nehmer vets and widows get ALL accrued.

This will be interesting and hopefully not to many widows will need to re open past AO claims but I bet there were plenty of widows and widowers AO claims that VA denied in the past and now which could succeed.

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I read this document and I can't tell what the Sec's response really is. Are they going to publish the new regs or not.

The VA will post the final Reg. when the OMB gets done with it. The VA's view on the Court Order is that the Petitioners reasons for the petition are invalid and that they haven't come up with an alternative. The VA did their part and responded to the court order. I don't believe this court order will have any real effect on making the new regs. get published any faster than it is already going.

Also once the final regs. are published then there is the 60 days for Congressional Review;

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