Agent Orange on Guam (Anderson AFB)

[KCAC]

WFLA in Tampa has been doing a series of Investigative reporting on Vet issues.  10 days back, they had a Vietnam Vet on TV who tearfully admitted that he had sprayed large amounts of Agent Orange on Guam.  It got National and then Guam attention.  Now a US congressman is calling for AO presumptive benefits for Vets on Guam.  The officials on Guam are now conducting their own investigation and say they have a 2nd Vet acknowledging the spraying.  Here is the link to the latest on this, and the interview with the Vet.

Also, if you scroll back to 12/31/16, they did a 30 minute special titled "Delay, Deny until they Die". If reference obviously to the Vet backlog.  I did not know that if you have a case in appeal and you die.  They close the case. 

http://wfla.com/2017/01/10/target-8-congressmans-call-for-expanded-agent-orange-benefits-follows-target-8-investigation/

http://wfla.com/2017/01/04/guilt-of-spraying-agent-orange-on-guam-airbase-haunts-lakeland-veteran/

http://www.guampdn.com/story/news/2017/01/14/more-veterans-allege-agent-orange-use-military-bases/96568368/

 

[Berta]

They only close the case if no surviving spouses substitutes themselves for the claimant.

Surviving spouses have only one year after the veteran's death to apply for accrued benefits due to a claim the veteran had pending at death. (Nehmer AO is different as to accrued  and explained in the AO forum)

Here is an AO Guam award:

https://www.va.gov/vetapp05/files4/0527748.txt

They have awarded for AO Okinawa, as well.

If a AO Nehmer surviving spouse  is dead, Nehmer proceeds can often be paid to their adult children.

[KCAC]

Thanks Berta,

Is this outdated or incorrect? It reads that the appeal is dismissed if the Vet dies while in the appeal process and the family must refile, if so, it would seem to indicate a do over and would they start over?  And if this is correct, wouldn't the family go to the end of the line adding much more time?  I am thinking of hiring an attorney for this fact alone, and why it is important to me.  Am I interpreting it wrong?  My wife would not even know where to start.

Scott

http://www.military.com/benefits/military-legal-matters/va-claims-appeals-process/the-appeals-process-step-6.html

Military.com

The Board will notify you when it receives your appeal from the local VA office. When the docket number for your appeal is reached, your file will be examined by a Board member and a staff attorney who will check it for completeness, and review all the evidence, your arguments, personal hearing transcripts (if any), the statement of your representative (if you have one) and any other information.

Once a decision has been reached, the Board will notify you in writing. Your decision will be mailed to your home address, so it is extremely important you keep the VA informed of your current address.

 

If the claimant dies before the Board makes a final decision, the Board normally dismisses the appeal without issuing a decision. The rights of the deceased claimant's survivors are not affected by this action. Survivors may still file a claim at the local VA office for any benefits to which they may be entitled.

[Berta]

"the claimant dies before the Board makes a final decision, the Board normally dismisses the appeal without issuing a decision. The rights of the deceased claimant's survivors are not affected by this action. Survivors may still file a claim at the local VA office for any benefits to which they may be entitled. "

Right.

This is why survivors MUST file the DIC claims, AND claim for accrued Benefits, with a substitution form to become the claimant themselves after the veteran dies.ASAP

If the DIC claims succeeds and they filed within one year after the veteran's death ,the EED will be the date of death.(meaning they will get DIC retro back to the date of death.

Accrued is different. If they do not file for accrued within the one year time frame,they get nothing.

Unless the claim falls under the 2010 Nehmer AO Court Order.

Spouses who do not know how to use a PC and Google etc etc will probably have their claims denied.

I have done death files radio shows here (accessible in the Blog radio forum) to prepare spouses in the veteran's lifetime and I have put everything they need to know into our DIC forum.

Therefore they need to be able to get to www.hadit.com  because the VA will aggressively fight widows and even veteran's  claims if they think the claimant has no means to understand what they are entitled to and how to get it.

VS0s and vet reps ( trained in DIC the same way I was) get few survivors claims compared to veteran's claims.Many are too lazy to even re-read the DIC criteria,in my opinion.My former POAs were awful.

And in my case they (the VA) fought me relentlessly but I knew the regulations in and out and what evidence I needed.That was pre internet as we know it today....For my first DIC claim.1995.I made many trips to the closest law libraries because 38 USC, 38 CFR, M21-1MR, BVA, CAVC were not on line yet.My vet reps were useless.

The internet made it far easier for me since then to continue to seek the benefits I am entitled to as a widow.

Death by VA (malpractice)1997/1998 FTCA/1151 awards DIC

Death due to AO DMII (2009 award)DIC

Death due to AO IHD (2012 award)DIC

Death due to malpracticed HBP  ---last year I think.DIC

CHAMPVA, Chapter 35,refund of about 6-8 thousand in tuition, in addition to the 8 thousand the VA had already paid for my degree,  refund of  FTCA offset, Home Loan Guaranty( COE at my credit union-never used)  REPS payment..( my vet reps didnt know what that was),Property tax exemptions, maybe some other stuff....

I would have NONE of the above without the ability to use the internet. It has become the  biggest weapon we have to defeat denials.

And None of above if I had solely depended on some vet rep or VS0.

I could not even afford to take the NVLSP Basic Training course in VA benefits -until I won my first claim in 1997 (accrued retro)- the same course the  vet reps and VSOs at DAV, State orgs, AL, VFW, PH, etc etc etc take.

 

 

 

Edited January 15, 2017 by Berta

[Berta]

To add to the AO stuff

http://community.hadit.com/topic/44060-ao-award-ft-mcclelland/

First Ft McClelland AO award after James Cripps (CONUS AO) and I think there is another one since above .

[KCAC]

Berta,

Thanks so much.  With the above in mind, wouldn't an aging Vet with health issues be wise to hire an reputable attorney or paid non attorney rep?  Thus if death occurred prior to a claim being settled, the family already is represented and that representative would continue the case?  There seems to be a lot of truth to the various stories that have been done on what appears to be part of the VA's tactics.  "Delay, Deny until they die".  This aired in Tampa, New Year's eve but I have seen numerous similar stories.

http://wfla.com/2017/01/01/watch-a-target-8-special-investigation-delay-deny-until-they-die/

 

 

[Berta]

'Vet' attorneys -there is a list of them somewhere at hadit-are fully versed in the regulations that control our claims.But they usually would not get involved in a claim that has not been denied yet....and many survivors sure don't need an attorney, they just need to know the DIC regulations and the different types of DIC, and what type of evidence they will need.

Most of us have attorneys that have handled our wills, real estate closings etc etc but they do not have a clue on VA claims issues. One of my private lawyers ( AO vet) called me up to come in and discuss his VA claim with him.It was difficult to get him to understand the VA regulations,as they applied to his issues... right off the bat I had to tell him we do not have "discovery" rights and he was shocked.

He was a civil law lawyer. Civil laws do not apply to VA claims.I sure wish they did.

" Thus if death occurred prior to a claim being settled, the family already is represented and that representative would continue the case?  "

If the vet had a POA in their lifetime from any major vet org, or state./county rep,the surviving spouse could continue with them and  give them his/her POA ,in writing, or pick another rep for the POA.

One of the best things any vet can do is start a death file for their survivors. 

Lots on that here:

In that link there is I believe a link to one of the radio shows I did on death files.

And to add to that older post, the VA recognizes same sex marriages,if state law does where the marriage took place, and will proceed with a DIC claim from any legally married same -sex spouse, the same way they do for all DIC claims.

 

Edited January 15, 2017 by Berta