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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Blue Water Navy-AO-NVLSP


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  • HadIt.com Elder

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-files-challenge-to-rule-preventing-payment-of-retroactive-benefits-to

I dont know if I already posted this-it bears repeating this article. 

If a new Nehmer does not happen ( I believe it will) it should also include a Footnote One provision. Many of you receeived a very  good EED whe the 2010 AO regulations came through and Nehmer controlled the retro payments. In this case, CUE can be th rememdy if there is no Footnote One provision.

This could change CUE forever. This part of the article bears repeating:

"  Even though VA was clearly wrong all along, the agency’s new rule is a transparent attempt to immunize VA from paying retroactive benefits due to clearly erroneous past VA decision-making. This rule runs counter to Congress’ intent when it required VA to pay retroactive benefits for prior claims denial that are the product of clear and unmistakable error.”  Indeed..... and this is one more right the VA is attempting to take away from us.

In part:

"FOR IMMEDIATE RELEASE – March 25, 2019

WASHINGTON – On March 19, 2019, The National Veterans Legal Services Program (NVLSP), together with Phillip Boyd Haisley, a “Blue Water Navy Veteran,” who served in the territorial waters of the Republic of Vietnam, filed a lawsuit in the U.S. Court of Appeals for the Federal Circuit challenging the legality of a rule recently issued by Secretary of Veterans Affairs Robert Wilkie that significantly limits when past VA benefit denials can be overturned due to “clear and unmistakable error.”  According to the new VA rule, a final denial of VA benefits cannot be clearly and unmistakably erroneous even if a court later decides that VA’s basis for the prior denial clearly violates the law.  NVLSP and Mr. Haisley filed the lawsuit with the pro bono assistance of Paul Hastings LLP. 

“This VA rule is an unjust poison pill for Blue Water Navy veterans,” said NVLSP Executive Director Bart Stichman.  “They just celebrated the recent decision of the U.S. Court of Appeals for the Federal Circuit in Procopio v.Wilkie, entitling them to disability benefits for Agent Orange-related diseases.  The Court ruled in Procopio that a longstanding VA policy denying veterans who served in Vietnam’s territorial waters the statutory presumption of Agent Orange exposure clearly violated the Agent Orange Act of 1991.  Even though VA was clearly wrong all along, the agency’s new rule is a transparent attempt to immunize VA from paying retroactive benefits due to clearly erroneous past VA decision-making. This rule runs counter to Congress’ intent when it required VA to pay retroactive benefits for prior claims denial that are the product of clear and unmistakable error.”

Background (More info at link:)

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-files-challenge-to-rule-preventing-payment-of-retroactive-benefits-to

 

 

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Once again the VA is working with the veteran's best interest in mind, in an unadversarial manner. 🤐

Edited by vetquest
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