Agent Orange letter

[Berta]

I caught this letter to the editor of a newspaper this AM, in my Google AO Nehmer alerts:

http://www.therepublic.com/view/local_story/Letter-Veterans-urged-to-check_1444183037

Although I wish the actual AO presumptives were in the letter, it was very sad to see that even a VA rep didnt seem to know what "Nehmer" was....

( my former rep didnt in 2003)

I agree that there are probably MANY Vietnam vets with AO presumptives who still do not even know they could file a claim.

And maybe many of them are dead by now, and their survivors didnt know about the presumptives at all.

Sad.        Hopefully some affected Vietnam vets will read her letter to the editor.

 

 

[dkemp]

I have several questions I hope someone can help me sort through to determine if I should follow up, related to AO.  My brother served twelve years in the Navy serving aboard several ships, including several months just of the coast of Vietnam.  He left as a first class MM, who worked in the bilges of the ship.  Mid 90's he was diagnosed with lymphoma and under went chemo and remission for several years.  Early 2000's again diagnosed with cancer and filed AO claim with the VA and was denied because they said he was not exposed and didn't set foot in Vietnam.  The VA certified him AO connected but then denied his NOD and appeal.  Later told him they could do nothing since his claim was tied up in a court claim.  This went on for several years, then unfortunately the cancer got him and he died in 2011.  His spouse filed for DIC which was approved.  My question is could his spouse or children file for VA claims or  back pay to early 2000's under Nehmer.  

[Chuck75]

"The VA certified him AO connected but then denied his NOD and appeal"

That is odd! He must have had something that was service connected.  Or, this refers to the A.O. "list" (registry) , which is not "certified A.O. connected".  As to the substitution, the VA's rules are complex, and designed to short circuit any claims they can.  It would take a review of all the events and paper to determine (preferably by a knowledgeable and VA "approved" lawyer) if substitution is even possible at this late a date.

Edited January 19, 2016 by Chuck75

[Berta]

Was it NHL lymphoma?

Was his ship put on the VA's AO ship list to garner the DIC award for the spouse?

Not enough info here......

Nehmer involves incountry boots on the ground veterans....is it possible he had a stop over in Vietnam ,such as on a COD plane from a ship?

Chuck is as perplexed as I am......can the spouse join us here?

[dkemp]

Sorry about the confusion.I don't have his records and I am working off past information given to me by my brother.  He was service connected for heart related condition.   I am not sure how he got AO certified but I do know he was denied service connection for non Hodgkin's Lymphoma after he was certified. My understanding is the VA told him that there was a lawsuit that tied up the AO claims and his could not be decided until the suit was settled.  He never set foot in Vietnam and his ship was not on the list.  He was just off the coast of some river there in Vietnam waters.  As I mentioned he passed away in 2011 from Leukemia.  As far as I know no further information was ever sent to him about his appeal.  His spouse does not want to pursue this but I am looking into this for his daughter. 

[Berta]

I have never seen in any decision nor ever  heard the term used by VA for a veteran to have been "certified"by VA for an Agent Orange claim.I have been an advocate since 1983.

Perhaps the condition causing his death (and the DIC award) was granted through direct service connection based on a nexus in  his SMRs.

"My understanding is the VA told him that there was a lawsuit that tied up the AO claims and his could not be decided until the suit was settled.  He never set foot in Vietnam and his ship was not on the list." That sounds like Nehmer or Haas , and they were pending years ago.

Since then the AO ship's list has grown rapidly.

What ship was he on?

If the surviving spouse does not want to pursue this, I am not sure that the daughter could.

What does the daughter intend to make a claim for?

The spouse's DIC Award will tell you more.

 

Edited January 22, 2016 by Berta

[Buck52]

I'm not sure about the EED retro back to 2000  but I would file a claim for it and let the VA figured it out, possibly hire a good veteran attorney.

You will never know if you don't file that claim.

i assume  he had an appeal going at the time of his death?

 

jmo

........Buck

Edited January 22, 2016 by Buck52