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Blue Water Act passed by Senate & Constitutional by Supreme Court

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balikbayan

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Ok so how is the VA going to calculate the backpayments of benefits?? We were denied disability pmts for years because we were considered Blue Water. I was in Vietnam & off the coast of Korea in the DMZ area in 1971. My first claim filed with the VA was 2010. But not for Agent Orange, because it wasn't allowed. Kind of a Catch 22. So took a chance in 2012 & filed, and of course denied. So heres food for fodder, has anybody thought about how far back is the VA going to go in calculating entitlements. And I don't want to hear from the day I initially applied for AO . In other words if I could have filed, if  I would have . Does anybody have a clue?? Back to Agent Orange Act of 1991.?????

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First, answer this question. Do you expect the VA to suddenly become Santa Claus and extend benefits back to day one? No. They haven't announced how they will process old claims yet, and the President hasn't signed the bill yet. But it is a possibility that they will pay from the date you submitted an initial claim. So if you finally submitted in 2012, that is where it may start. Of course, the VA can throw a curve and say it will start the clock the date the bill is signed into law and save a lot of money while that is going back and forth for months or even years. We have waited for 50 years, whats a few more months now. But for those who haven't yet submitted, I would certainly get your paperwork in before the end of the month to at least get on the clock.

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Well put GBArmy-

 "So heres food for fodder, has anybody thought about how far back is the VA going to go in calculating entitlements. "

I have been involved in the AO issue since 1991. This was my first thought when, after years and years, by hard work of advocates, the bill finally passed.I was one of the first members of Blue Water Navy Vietnam Veterans Association.(John Rossie in the lead)

If you read all of the topics here on this you will see that we do not know yet, whether Nehmer will kick in.

"And I don't want to hear from the day I initially applied for AO ."

That might well be your EED.

"Back to Agent Orange Act of 1991.?????"       Not a chance.

If Nehmer And Footnote One kicks in, that means an EED under the new decision, will be the first time the AO disability was coded and rated as NSC on a VA rating sheet.

If it was not coded and should have been coded, that also will be the first date for the EED, whe it should have been coded.

You will have to read the information here on that-I will post it again.

 

 

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This is one of ten pages involving Footnote One:

https://community.hadit.com/topic/66483-footnote-one-nehmer-a0/

Many of us here were Footnote One claimants.

I had to prove my dead husband's AO IHD "should have been coded" as it never appeared on any rating sheet at all (due to malpractice)-

I assume you have checked the VA's AO Ships list from time to time and your ship was not on it.

I suggest you check the Bill's co-ordinates and check them with your Deck Log co -ordinates.

I also suggest that you extend some gratitude to the small group of people who made HR 299 possible.

John Rossie is not a Blue Water Navy veteran.Carol Olzanecki is a Blue Water Vet's widow.She proved he had boots on ground years ago. Neither one of them had a dog in this fight.

I got this email ( in part) from John a few days ago:

"Berta,

    Thank you for your thoughts and words. Phase I is complete. You and HadIt.com played a role in this success, too. And as you indicate, now the work begins... now that we've gotten over the easy part! Thank you for your support every step of the way."

I didn't have a dog in this fight either.

 

I

    

 

 

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If one  can predict "what the VA will do when...." with some accuracy, dont apply for benefits, buy lottery tickets instead and put your talents to use. You obviously have a very valuable crystal ball.  I certainly do not have such a crystal ball, nor do most of us here.  

I will admit to not understanding "footnote 1" that Berta speaks of.  It would probably take a year or more of reading for me to get up to her speed in footnote one.  This is not an option for me.   

However, in the past, Vets who have applied for "controversial benefits" and been denied, and legislation eventually changes that outcome, then it could be later of these 3:

The date you applied. OR

The date of facts found, that is the date the doc said you were disabled. OR

The date that congress decides the regulatory changes take effect.  

You would likely get the later of these 3.  

  In this example, if you applied in 1975, a doc diagnosed you, and you had adequate rating symptoms in 1980, and congress approved benefits effective in 2008, then you would likely get benefits back to 2008.  

We dont know when you applied, we dont know when your doc said you got disabled, and, we dont know what date congress will make this effective, if they ever will, or if VA will simply ignore congress and go their own way, like VA usually does.  

Edited by broncovet
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