AO good news

[Andyman73]

Got some good news to share.  Some of you may know, or recall, that I had written elsewhere on here, that my Dad(Nam combat, 24 yr career retired, 60% SCD) and I don't exactly communicate very well.  The grapevine tells me that it's my own lack of communication skills are the problem.  Anyway, while updating my folks after yesterday's 6 month foster child case review court session, Dad went off topic to let me know that the VA has opened an AO claim for/on him.  Said they initiated it(???)and that he has a bunch of appointments scheduled over the next few months.  I was quite surprised that he wanted to tell me about that...since I'm usually the last to know, and my wife is usually the one telling me.

So...is there anything I should tell him to tell them?  I don't know too much about his overall health, beyond his Nam related back injury.  Thanks.

Andy

[Berta]

Just be sure he is aware of all of the AO Presumptives, Andy:

http://www.hadit.com/agent-orange-presumptive-conditions/

The back condition will need an inservice nexus...hard to know why they opened a claim for him....maybe something in the 60% rating?

Maybe he is a Nehmer vet?

And if so maybe they denied an AO in the past, that is now presumptive...if so he falls under the very favorable EED condition of Nehmer .... called Footnote One.

It is good news!

Does he get CRSC? or CRSC ? If not the AO claim might open that possibility up for him.

[Andyman73]

Berta,

He had told me previously, that he had spoken with the VA about AO, shortly after he retired in 1992.  I don't know much about what he has or has not claimed since this is a very sore subject with him, as you may recall I mentioned in the past. 

Don't know if he is a Nehmer Vet.  I think maybe he just wanted to tell me, since I had talked to him previously, about my spina bifida claim. 

He was on a twin engine bulldozer, in Vietnam, when it took a direct hit from a VC 122 mm rocket.  He spent 4 weeks in the hospital, then got sent back out to finish his tour.  After returning stateside, to Ft. Lost in the Woods(Leanardwood) MO, they put him in their hospital for 4 months or so. So yeah, he's got that one documented in spades...might be what his 60% rating is for.

He has it documented in his service record for the 3 times he was in the direct fallout zone of an AO application...well, the 3 times that he knows of.

If the CSRC is that concurrent receipt of retirement and VA disability comp, yes he does get that.  I remember when he was to start getting that, he was happy about that.

[Berta]

Good on the CRDP or maybe it is CRSC

...and he does not have to prove AO exposure at all.

In country- Vietnam is all he needs. He probably does not want to talk about that 122 M hit he took. That would give anyone PTSD in addition to major physical disability..

[Buck52]

Ms berta 

What constitutes a Nehmer vet? a claim for A.O. presumptives ?

or just boots on the ground in Vietnam?

Maybe he is a Nehmer vet?

I possibly could be a Nehmer Vet? I was boots on the ground  

If VAMC finds anything A.O. Related are they required to report it and ask the veteran to file a claim?

Edited November 6, 2016 by Buck52

[Gastone]

Nehmer Decision addresses only AO Boots on the Ground, AO Presumptive conditions and Secondary issues.

Gun shot, physical injury, loss of limbs, PTSD and other MH issues are not presumtives of AO Exposure. Just being exposed to AO while in Nam, is itself, not an SC Condition.

Semper Fi

[Gastone]

Buck, see if you can open this attachment.

In TX, Seller is required to complete a Residential Disclosure Statement.

If the Seller Fails to mention a Serious Issue that was know to him prior to completion of the Document, the buyer does have recourse against the seller, from very little to major Criminal Action.

A TX Prosecutor, determined on a facts found basis, could charge the Seller with Deceptive Trade Practices act (DTPA Act)or the much worse, a Violation of the TX Statutory Fraud Act.

Semper Fi

 

Seller Disclosure in Texas - Owner Finance Homes llc.htm