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This could begin a new VA backlog


Meddac

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If VA adds bladder cancer to the list of conditions presumptive to Agent Orange exposure then it could spell backlog (and Nehmer) once again for VA. Possibly a smaller backlog, but nonetheless a backlog. It's currently under review by VA once again.

https://www.propublica.org/article/vietnam-vets-push-va-to-link-bladder-cancer-to-agent-orange

I know there are many different pushes to have conditions or service areas added, but in my experience with VA they will attempt to take the smaller groups first. Go figure.

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Possibly it will...when VA added IHD, Parkinsons, and Hairy Cell B, many feared their non AO claims would get backlogged further.

But the truth is, in my opinion, that VA, by setting up parts of certain  VAROs as satellite Nehmer ROs, and then training them on Nehmer II per NVLSP's instructions, (VA is afraid of NVLSP knowing NVLSP would review their decisions)...

I don't think this will impact the backlog too much because VA somehow will continue the backlog anyhow, by making bogus denials that veterans often certainly overcome, but that can take years.

AO has been the most important issue of my life. Long before I or my husband had a dog in the fight.

We were in the AO Settlement Fund long ago but I never dreamed how many presumptives would be added since then as the settlement fund had nothing to do with VA compensation.

When our government can use weapons of mass destruction against their very own military, ie" AO,

a weapon that continues to cause disability and death, I don't think any vet should be concerned about any new AOs holding up their own non AO pending claim. VA will do that well enough on their own. ...In my opinion ( and with 33 years of dealing with them if I include my time at a Vet Center in the PTSD Combat group around late 1983.)

The problem with the last Nehmer was that VARO were supposed to go through all Vietnam vets files to determine if they had a non AO NSC rating in the past that became AO in 2010 and send the list to NVLSP.

Many of us were not on the list. In my case, as a surviving spouse, they lost my claim at Buffalo, found it at Togus Maine, then as I receall Philadelphia could not find it, but finally they did and immediately not only produced the AO award but awarded 3 CUE claims I had pending at my RO by them for 6-7 years, set for BVA transfer.

I made the point that these CUEs preceded the AO 2010 claim and the CUEs were contingent to a proper AO decision.

Nehmer-Philadelphia agreed and swiftly awarded with a favorable EED due to Footnote One.

My long point here is that any vet with a claim on any potential new AO presumptive needs to come here to hadit and make sure all the t's are crossed. If they fall under Footnote One (I assume that would be in the new regs but that is up to NVLSP) they will need a copy of their past rating sheets.

 

Rick Spataro, NVLSP attorney , I am sure, will generously give me any info we need here ,as he did under Nehmer II, when these regulations come out.

 

That is,if the VA decides to add new presumptives to the AO list.

sorry my font keeps changing here?????

The Hughes satellite was completely down this AM and yesterday I got my new modem...maybe everyone else on Hughes did too and that buggered the Big Sat in space when they all plugged it in.......or maybe a UFO bumped into it.....

I don't know if it will go down again....complete lost of the actual satellite  is very unusual.

 

 

 

Edited by Berta
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If  a Veteran is placed in the AO Registry does that make him eligible for presumptive claims in case he/she comes up with an AO Contention later on in life?

I was put in the AO Registry in 2001

or how would this fall under Nehmer II?

 

................Buck

Edited by Buck52
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The AO Registry is not the same thing as filing a claim.

Search for Footnote One Nehmer here and you will find your answer

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 Yes I understand the difference from an A.O. claim and he AO Registry.

 From what I was told  if a veteran is put into the AO Registry   it helps  with a claim if he/she ever needs to file a claim for AO or the Presumption  with no time limit.

 so my point is if veterans was ever exposed to AO in Vietnam or elsewhere and come down with a diseases of A.O. it would be the AO List it saves a lot of time with a claim.

Because the VA is making it harder for the remaining Vietnam Veterans to file an AO Claim who or not placed in the A.O. Registry

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I would advise any Veteran that has been exposed to A.O. while in the military to go register with the AO Registry at your VAMC even if your completely healthy now.

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My husband was never in the AO Registry.

He never claimed AO in his lifetime.

Survivors cant get into the registry.

A former well known vet lawyer here,  Alex Humphrey, now deceased, agreed with me that the registry was useless......

as far as claims go..... please let us know if the registry actually is considered a formal claim now Buck because that is news to me and could help others.

As I understand Nehmer 1 and Nehmer 2, a formal claim must have been filed and denied in the past for Nehmer to kick in.

Please clarify this

" so my point is if veterans was ever exposed to AO in Vietnam or elsewhere and come down with a diseases of A.O. it would be the AO List it saves a lot of time with a claim.

Because the VA is making it harder for the remaining Vietnam Veterans to file an AO Claim who or not placed in the A.O. Registry"

NVLSP, as far as I know,  didn't require or even use the AO Registry list  , they wanted a list from the ROs of any vet who had any new presumptive ( for Nehmer II) on a past decision, that was deemed as NSC.

They needed that C file info as to survivors as well.   Because we were never on any AO registry list.

 

 

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