Claim At Court Appeals-Ship Added To Presumptive List Nov 25,2014

[derenick52]

Hey All,I have been Helping the Widow of my Best friend from Navy with his Agent Orange claim since he died in 2012,He filed for Both Presumptive and Direct Service connection-Exposure to Contaminated equipment taken aboard at several ports,The Regional office and Bva would NOT address the Direct service connection,the Bva denied the claim about a year ago-Our ship was in the Category 3 list since January 2012.We went on to Court of Appeals-they are arguing ERROR in neglecting the Direct service connection claim. This last week bluewaternavy.org posted a VA Update list Nov 25,2014-our ship was NOW put In Category 2 ALSO-Entered Inland Qui Nhon Bay/Harbor,The Category 3 list included Da Nang,Vung Tau and,Cam Rahn bay.The attorney at Court of Appeals told me that Our ship was NOT on CATEGORY 2 List at time of BVA ruling,Therefore there is a PROBLEM,the Court of Appeals only deals with VA Errors-Our ship should have been PUT on Category 2 list 3 yrs ago-as the Deck logs for the Category 3 dates cross over with Category 2 dates-enroute from Da Nang to Qui Nhon same date-WOULD THIS BE A ERROR-? The Attorney said he is going to ask the VA To settle but to not get hopes up yet,POSSIBLY A CUE CLAIM IF ALL DENIED-??? Any input appreciated,Thanks

[derenick52]

Hey All,Thanks for the Reply,He died from ASBESTOS-MESOTHELIOMA-Primary/ISCHEMIC HEART DISEASE-As Secondary-for which he had a ongoing 4 year appeal,along with Diabetes which his widow assumed-Court of Appeals docket-14-686-Both of these conditions where from service aboard USS VANCOUVER LPD 2,She was Awarded DIC for ASBESTOS EXPOSURE for his rate-Machinist rate-the deck logs all indicate taking on equipment-I Discovered a Photo of helicopters,trucks and Brown water navy craft we took on in Da nang-was when we submitted photo at Regional office for DIRECT SERVICE Connection along with Da Nang Harbor report-the Attorney at Court of appeals-Bergmann and Moore-said they should have issued a SSOC at that time-the BVA ignored the Direct service connection claim ALSO-NO Mention whatsoever-BVA Award Docket-04-21 930-Vung Tau Harbor-the Veteran Never set foot on land-the BVA awarded Direct service connection for taking on Contaminated equipment-Direct Causation-We ALSO took on equipment in that Port ,then this Last Sunday when I checked the Blue Water Navy site for updates-NEW list posted-there was the Vancouver Lpd 2 put in Category 2 Presumptive service connection list for Inner Qui Nhon harbor in Sept 1971-They had to have HAD The Deck logs for Qui Nhon harbor when the Vancouver was put on Category 3 in 2012-as we where enroute from Da nang to Qui Nhon at the time and BOTH Are listed on Deck log,About fell out of my chair on Sunday when when I seen the Category 2 posting,The Attorney said he will ask the Court of Appeals Attorney to settle but do do be be confident he will-Would a REMAND To BVA Help-?? THANKS,you all all Hero's

[Berta]

After more thinking on it, they could file a Motion to Reconsider with the BVA.....

But I need to think about this some more....so he had a seconday SC rating for the IHD but that was not thr primary cause of death?...need more info...

[derenick52]

He had a Claim for Ischemic heart disease and Diabetes at BVA At time of death,NO AWARD,His autopsy stated Asbestos/Mesothelioma as Primary/Ischemic heart disease as secondary cause of death-she will get 4 yrs compensation if claim approved 2008 to 2012,which would save her home from foreclosure,What a legal glitch-could the Attorney for Court of appeals file a Motion to Reconsider-??? thanks

[Berta]

"What a legal glitch-could the Attorney for Court of appeals file a Motion to Reconsider-??? thanks........"

Absolutely !!! her attorney has to file the motion with the BVA

Edited December 3, 2014 by Berta

[derenick52]

Doesn't the Bva Motion to Reconsider have to be within 120 days of there decision-?? Or file after 120 days under CUE??

[Berta]

Bob Walsh agreed...... to file a Motion of Reconsideration...based on what we know at this point about the case:

http://www.va.gov/vaforms/va/pdf/VA4597.pdf

No time limit for MFR,filed with the BVA ...... the 120 days is the time limit to file with the US CAVC.