Ao Payment Update

[Berta]

Update in part:

Though the first batch of payments did go out midweek, the relatively small number — about 1,300 claims worth $8 million — reinforced the fact that the process for calculating retroactive payments is timely and complex.

The VA expects to produce a steady stream of rating decisions and payments each week for these diseases, perhaps in the thousands. But there will not be a November geyser of checks as some veterans had hoped.

Most of 163,000 veterans or survivors with pending claims for these diseases should expect a longer wait, at least several more months. The VA goal is to have all these claims processed and paid by October next year.

http://www.military.com/features/0,15240,222310,00.html

and available at NVLSP web site

Read more: http://www.kitsapsun.com/news/2010/nov/06/tom-philpott-paying-new-agent-orange-claims-a/#ixzz14VVNbYJF

[Berta]

"Do you think this would make him an IHD Nehmer Member?"

Maybe-

"but his DD214 had his RVN service typed out"

Can you tell me what it actually says? I never saw a DD 214 with Vietnam service really specified that way.

The receipt of the VSM means nothing as to Vietnam service.

If he can prove he was in Vietnam-Yes he has a great claim.Do you have copy of his SRB?

If he can prove instead that his MOS put him on any base perimeter in Thailand then maybe the C & P Thailand directive (that Kurt Priessman is responsible for) then too he might have basis for AO claim.

I have my husband's DD214 and DD 215 in front of me.

Under # 22 C Foreign and /or Sea Service it has dates of his Vietnam Service.

But the only thing on it that denotes Vietnam Service incountry are his medals and decorations.

4 of these awards mean nothing as far as proof of incountry Vietnam service.

The other 4 do.

[Berta]

"What I means as to the VSM is this:

3. Criteria: a. Awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. To be eligible for award of the medal, individual must- -

        (1) Be attached to or regularly serve for one or more days with an organization participating in or directly supporting military operations; or

        (2) Be attached to or regularly serve for one or more days aboard a naval vessel directly supporting military operations; or

        (3) Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or

        (4) Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

    b. Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 shall remain qualified for the medal. Upon request, the individual may be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in the individual’s personnel records. No person shall be entitled to both awards for Vietnam Service.

http://www.gruntsmilitary.com/vsm.shtml"

I got an awful email from a hadit member years ago-long story but the VA wanted to reduce his comp because of the VSM -they had awarded AO on it and then found he was Blue Water and wanted to reduce his AO comp.I helped him as best I could.

He proved he was Brown Water!!!!! as well and had stepped on Vietnamese soil.

His comp for AO will never be threatened again.

The VSM used to be indicative of Vietnam service -years ago- until all of that changed and MANY vets got proposed reduction letters due to it.

[jbasser]

It had the date and RVN service. He was reaserch person who would go back and forth to the camps to get test data.

The Kicker is this. He is a Research expert in the field of Diabetes.

His heart disease was diagnosed with this HTN before the DMII. The VA would not conceed his RVN service as they failed to look at the DD214 carefully.

Quite a claim.

J

[Berta]

"The VA said they made a grevious error"

What happened after they said that? maybe I misunderstood this.Maybe you mean his DD 214 was wrong?

If so he can get it corrected with a DD 149.

[jbasser]

He filed for both conditions. The VA didnt look at the 214 and kept denying it for 10 years. They denied the CAD on the basis that it occurred before the DMII.

I noted the 214 for him when He asked me to look at his issues and it wasnt 3 months before they sent an award letter with the 20 percent retro to the Original claim date.

Sometiems they just miss the information unless we bring it to their attention.

J

[Papaw]

I think you hit the nail on the head with this post. I also feel that the people handling these presumptive claims are looking for the "slam dunk" so they might be able to show a large number of claims processed right away. I do know that they are working 6 days a week to help get the work load out. At least that's what they told me. I filed back in Oct. 09 and still don't have it. Good luck with yours.

stillhere, not really knowing the inner workings of the VA I personally don't think they rate claims as first in first out. Some claims may take very little time to develop and be ready for a rater than the more complex claims. Knowing all the new presumptive were to be developed as far as they could and then held in limbo until 30 Oct to begin the actual rating process. I filed in mid Oct. of 09. But I have no clue how long it took to develop it before being placed in the holding pattern and I would think many claims filed after mine made it to the holding area before mine. Simply because theirs' were are slam dunk to develop. I filed in Oct 09 and in July or August I get a letter from the VA asking for dependency info back to 1991. This tells me my claim hadn't been developed fully and wouldn't be until they received that info or their waiting time for it ran out. This also tells me there were a lot of claims filed after mine that went ahead of me. I don't think the VA is cherry picking the easy claims but it would stand to reason that if lets say 5 raters each take a claim in turn and 2 of the five are easy claims the the easy ones will get rated first while the other 3 raters will have to spend more time getting their claims rated and ready for review.

I don't know how SS does it these days but when I filed for SSDI back in 1991 they told me the earliest I would hear from them would be five months. After 5 months I got a check for one month and a few days later I received a 5 month retro check. They also told me after I was approved that they would have me under review in 5 years but that didn't happen until after 10 yrs.

I try to go by the theory or 3's for anything to do with the government. If they say 10 days don't expect anything for 30 days if they 30s day expect 90 days.

Hang in there brother, yours is coming and probably long before mine.