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    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

HadIt.com Anniversary 24 years on Jan 20, 2021
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Ao Thailand Vs Rvn


Question

My claim filed on 2/2012 has finally closed today (yeah!!!) I think I'm 90% if my VA Math is right...

0% Bi-Lateral hearing loss (previous award)

10% DM II - Agent Orange - outside Vietnam or unknown ??????

10% Tinnitus (previous award)

60% IHD - Agent Orange - outside Vietnam or unknown ??????

70% MDD - secondary

SMC-K $100

My new award went from $129 (hearing & tinnitus) to $1,930. That would be consistent with vet/spouse at 90% + SMC-K.

I'm happy, going for 10% to 90% and I don't mean to sound like I'm complaining but I have a question...

I initially filed a direct connect claim for herbicide exposure while at Korat AFB, Thailand 73-74, I was a Jet Mechanic, provided my training/performance reviews, maps indicating areas near perimeter where I worked and bunked. Army documentation referring to procedure for spraying herbicides (500 meter drift area), CHECO report, etc.

Afterwards gathering documentation I came upon a travel voucher showing a plane stop at Ton Son nHut Air Base, RVN. I sent this in via my VSO and indicated I should be considered in country and not have to show direct cause. (he is out on vacation right now)

My questions are "does it matter if I am awarded a decision for IHD/DM II based on direct cause in Thailand or presumptive in RVN?"

Are there any known pro or cons of one over the other? Should I be concerned?

If I was to disagree would this be considered grounds for CUE or should I file an NOD w/DRO review?

I did file an application for IU, but I won't know the story behind that until I get the BBE.

Thank you HadIt for all the informative postings, advice and guidance you have offered, I always recommend to other veterans and surviving family members to sign up for HadIt, ask a lot of questions and read, read, read!

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  • HadIt.com Elder

As long as the VA associated the award with A/O, direct or presumptive, the A/O presumptive conditions should also be covered.

I have a minor quibble about the presumptive/direct classification.

Once a claim is awarded, the distinction should not be an issue.

However, I noticed that VAMC accessible records that also show awarded conditions

include the presumptive classification.

Further, for those that pay co-pay for non or not yet awarded "presumptive conditions",

I believe the VA is not interpreting the regulations/law correctly. (So what else is new?)

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  • HadIt.com Elder

It might matter a lot (direct SC Vs, Presumptive) if there had been a past denial ,for what is now a AO condition , under Nehmer, as to the proper EED.

Did you file and get denied for DMII and IHD in the past in an unappealed decision?

Make sure you read this Thailand AO bulletin:

You have a really good question and I think to really think about it.....

But if there had not been a prior denied claim for the DMII and the IHD then Nehmer EED would not kick in.

That DMII rating is quite low. When you get the award letter (or even now) you should see if it really reflects your DMII properly based on the VASRD.

Question...what was the “70% MDD “- secondary to?

You did GOOD here.....if you are not working the VA should make a statement as to potential TDIU consideration in this award.

And Chuck (superb on AO claims) also made a very good point......as to the co pay......hope others chime in here with thoughts on that too.

Edited by Berta
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It might matter a lot (direct SC Vs, Presumptive) if there had been a past denial ,for what is now a AO condition , under Nehmer, as to the proper EED.

Did you file and get denied for DMII and IHD in the past in an unappealed decision?

No - I had always been brainwashed that Thai vets don't stand a chance when it comes to filing for AO. I had a dx IHD w/CABG in June 2010 but was not made are of May 2010 VA Posting regarding CHECO report, unfortunately I did not file then either. I only became aware of that notice in Oct 2012 and filed at that time for IHD and awarded 60% EDD 10/23/2011 (rule 3.114???)

Make sure you read this Thailand AO bulletin:

You have a really good question and I think to really think about it.....

But if there had not been a prior denied claim for the DMII and the IHD then Nehmer EED would not kick in.

That DMII rating is quite low. When you get the award letter (or even now) you should see if it really reflects your DMII properly based on the VASRD.

Longtime Pre-Diabetic, had a couple of fasting readings > 126, dx DM II without complications (no meds, just diet)

Question...what was the “70% MDD “- secondary to?

IHD/DM II/ED

You did GOOD here.....if you are not working the VA should make a statement as to potential TDIU consideration in this award.

Disabled - recently filed for SSDI, waiting for decision. Did apply for TDIU, won't know why until I get BBE.

QUESTION: will 90% disability letter help SSDI, should I send a copy to SSA/SSDI?

And Chuck (superb on AO claims) also made a very good point......as to the co pay......hope others chime in here with thoughts on that too.

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  • HadIt.com Elder

If the SSA awards you SSDI based Solely on your SC disabilities, then that should be probative evidence for the VA to award you TDIU.

Also if VA Voc Rehab ever turned you down for vocational rehabilitation, that too is excellent evidence that you should receive TDIU.

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