Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Agen Orange

Rate this question


rthomass

Question

Topic Description shold read " Contact Congress ON Concurrent Pay & AO

The 110 Th Congress will be in session in January 2007.....This is the time to push for full concurrent pay, try to straighten VA out and get the Agent Orange cases awarded...not just for the Blue Water Navy but for all that served in Vietnam. Thailand, Cambodia and Laos..... Write your Senators and Represntatives!!!!!!

Here is one of the letters I wrote to my Senator: Feel Free to use it as a guide.....Nobody but you is going to help.....Do it today....raise HELL.

December 7. 2006

Honorable Senator Mitch McConnell

601 West Broadway

Suite 630

Louisville, Kentucky 40202

Re: Your Ltr. Dtd. 5 Dec 2006

Senator McConnell :

The United States Court for Veterans Claims in a decision dated August 16, 2006 “ Haas vs. Nicholson “ruled that the appellant on appeal from the Veterans Board of Appeals was entitled to a presumption of exposure to the herbicide specifically identified as Agent Orange. It further found that any veteran serving during the Vietnam Era (1962-1975) and who had been awarded the VSM “Vietnam Service Medal” was presumed to have been exposed to the herbicide commonly know as Agent Orange.

The desire of my fellow Vietnam Veterans who served during the Vietnam Era in Vietnam, Thailand, Laos, and Cambodia as well as their territorial waters who have one of the eleven diseases set forth in 38 C.F.R. 3-309(e). be presumed to have been exposed to agent orange and awarded 100% Veterans Administration Compensation.

I propose the decision of The U.S. Court of Appeals for Veterans Claims “Haas Vs. Nicholson” be a guide to re-write those portions of U.S.C. 38; 38 C.F.R.; and the Veterans Administration Adjudication Procedure Manual M21-1 by means of new legislation promulgated by the United States Congress.

I have attached the U.S. Court Of Appeals for Veterans Claims decision Haas Vs. Nichoson; National Veterans Legal Services Program additional information on exposure to agent orange.

Edited by rthomass
Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Good Idea Rob, I will start on Chandler. Copy that letter to Jim Bunning.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

Topic Description shold read " Contact Congress ON Concurrent Pay & AO

The 110 Th Congress will be in session in January 2007.....This is the time to push for full concurrent pay, try to straighten VA out and get the Agent Orange cases awarded...not just for the Blue Water Navy but for all that served in Vietnam. Thailand, Cambodia and Laos..... Write your Senators and Represntatives!!!!!!

Here is one of the letters I wrote to my Senator: Feel Free to use it as a guide.....Nobody but you is going to help.....Do it today....raise HELL.

December 7. 2006

Honorable Senator Mitch McConnell

601 West Broadway

Suite 630

Louisville, Kentucky 40202

Re: Your Ltr. Dtd. 5 Dec 2006

Senator McConnell :

The United States Court for Veterans Claims in a decision dated August 16, 2006 “ Haas vs. Nicholson “ruled that the appellant on appeal from the Veterans Board of Appeals was entitled to a presumption of exposure to the herbicide specifically identified as Agent Orange. It further found that any veteran serving during the Vietnam Era (1962-1975) and who had been awarded the VSM “Vietnam Service Medal” was presumed to have been exposed to the herbicide commonly know as Agent Orange.

The desire of my fellow Vietnam Veterans who served during the Vietnam Era in Vietnam, Thailand, Laos, and Cambodia as well as their territorial waters who have one of the eleven diseases set forth in 38 C.F.R. 3-309(e). be presumed to have been exposed to agent orange and awarded 100% Veterans Administration Compensation.

I propose the decision of The U.S. Court of Appeals for Veterans Claims “Haas Vs. Nicholson” be a guide to re-write those portions of U.S.C. 38; 38 C.F.R.; and the Veterans Administration Adjudication Procedure Manual M21-1 by means of new legislation promulgated by the United States Congress.

I have attached the U.S. Court Of Appeals for Veterans Claims decision Haas Vs. Nichoson; National Veterans Legal Services Program additional information on exposure to agent orange.

I am in the process of sending the above letter (100 total) to every Senator in the new 110th Congress . I Challenge you to help me in this fight. Edited by rthomass
Link to comment
Share on other sites

I just got back from the Post Office after mailing requests for legislation to every Senator in the new 110 th Congress that will convene in January 2007. Trying to get legislation passed that will mirror that in Haas v. Nicholson. Next project is the members of the House of Representatives....all four hundred plus that willl be a feat and a lot of postage. Just imagine I am actually trying to believe in ths democtatic process......Hope lives forever.

Link to comment
Share on other sites

I have now sent 100 letters to every Senator and 430 letters to every menber of the House of Representatives. I am asking for legislation to force the Department of Veteran Affairs and Their Secretary Mr. Nichoson to have every soldier, sailor, marine, and airman that seved during the Vietnam ERA in Vietnam, Thailand, Laos , Cambodia as well as their territorial waters and has a disease listed under 38 C.F.R. #-309(e) "herbicide EXposure" i.e. Agent Orange be presumed to have been exposed. The legislation should not be entitled service in Vietnam but service in Southeast Asia.

Link to comment
Share on other sites

  • In Memoriam

My request, for blue-water AO, was prior to Dec. 7. This was the response from my Senator.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use