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/

 

[MikeHunt]

On 1/15/2017 at 6:13 AM, Berta said:

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.

When a Veteran dies a 'FNOD' (First Notice of Death) is entered in an auxiliary program- it stops everything in all programs- except a month of death letter- AND, if the award isn't stopped in time, Debt Management contacts you

 

In most cases, VA must issue notice of proposed adverse action (due process) to a beneficiary before reducing or discontinuing his/her benefits. The discontinuation of benefits based on receipt of an acceptable NOD is one of the exceptions to this rule.

 

.... or does what's called a RUPD, where a program takes the money right back from the bank- No joke. The claim just goes away- Even, literally, if the award is approved and pending, only needing to be entered. Just gone.

I was ill the first time I saw what happened.

M21-1MR, Part III, Subpart ii, Chapter 8, Section A

The entire thing is stacked against survivors before anything even starts. Then the mean little VSRs start in, Berta is exactly right. Sometimes you wonder if the enemy would have more compassion than the VA.

[KCAC]

Berta,

I really appreciate all of the good info.  I was denied a Fast Track claim for IHD filed on 6/16/2011.  It was denied mid Dec 2011. It was appealed and I saw a travel judge Mid Nov 2016. I received a letter from the BVA that it was put on the docket mid Dec.  I was represented by the DAV.  In my letter from the BVA, they stated my VSO had requested information and wanted to provide a written brief to the board.  However, my senior VSO retired the end of the year and now I can find no one at the DAV locally (St Pete) or Nationally that seems to know who is writting the brief or how to proceed.  Locally, I was told to do nothing and wait and see what happens. I called the BVA and was told, that someone has to do something,since DAV requested they be able to write a brief to the BVA after the hearing with the travel judge, otherwise the case will just sit.  Any suggestions and again, many Thanks.

Scott

[Berta]

Geez...this is one thing I want the VA to eliminate----the 646---which is what I think you  are talking about...(same as a brief)

unless the POA wants to support the claim with a good argument as to the contentions,.

The DAV has to simply write on the 646  that they support the issues the veteran has raised and have no additional argument and send it in .Otherwise this 646 will hold up the appeal.Or just state that as a formal brief....maybe a 646 was already filed.....

A GOOD vet rep Would support the claimant's argument but it doesn't happen often.The BVA hardly ever acknowledges  the 646 in their decisions ,unless the rep has made some strong points.

Still if anyone is  on a claimant's POA the VA has to have a 646 from the vet org  before the claim is decided by the BVA. It is one of our rights, if we are represented.

 "I called the BVA and was told, that someone has to do something,since DAV requested they be able to write a brief to the BVA after the hearing with the travel judge, otherwise the case will just sit.  Any suggestions and again, many Thanks. "

You might want to contact DAV headquarters:

https://www.dav.org/contact-us/

They should know if any of their reps is unable to write a simple brief or fill out the 646.

Also their National Commander Garry Augustine, is on Twitter and can be reached via twitter:

https://twitter.com/DAVHQ?

You need to google their National Commander because I cant post the link here...I am not a tweeter.

 

Edited January 16, 2017 by Berta