VA's Updates July 2019 AO Ships list

[Berta]

Yow-they said it would not take too long, just the other day  and they were right- I was googling a BWN veteran's  ship for him, that was apparently not on the older list and it popped right up in the New List!  Good thing I checked it out He has an AO presumptive.

[DOC]

U.S. Navy and Coast Guard ships that operated in Vietnam

 

https://www.benefits.va.gov/compensation/docs/shiplist.docx

 

 

 

 

[Berta]

WOW- is the appeal still at your VARO, still awaiting transfer to the BVA?Are you able to scan and attach here the very last denial from the RO of the prostate cancer claim?

Cover your C file #, name prior to scanning it-

The deck logs are Golden, and make sure you send the VA copies of them...keep the originals.

There is something that you might be able to do to get the claim awarded prior to the BVA transfer.

It is called a CUE - depends on the date and circumstances of the denial.

I will gladly help with the CUE if I can read their last denial and if I or others here see a potential for a faster decision than waiting for a BVA transfer.

But ,then again, it seems by this- that your claim had been transferred and has been at the BVA -for some time already-???

" I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals."

I would therefore send the BVA (hope you have a docket number to put on your submissions, ) a copy of the deck logs and anything else you feel would award the claim. VA said you were AO exposed, and awarded the tinnitus ,but did they deny the A O prostate cancer claim in the same decision?

I wonder how they determined you were exposed....and why the heck didn't they set you up for a C & P exam for the prostate cancer? The C & P exam would determine the rating.

Did the letter state they "inferred" the prostate cancer claim? 

On the older 2010decision, did they give youa NSC rating with a percentage for the Prostate Cancer,

if so that could mean an EED of 2010 as I understand this all....( Footnote One Nehmer)

But something seems odd here-on VA's part......

Cripes they denied my AO IHD 2010 death claim by saying my husband had no evidence of IHD heart disease in his SMRs. I was outraged and threw a CUE at them. I made the point that most of these Vietnam Vets ( he was 1StMarDIV, First Wave, Danang 65-66, )were KIDS in Vietnam ,teenagers ,and if they had evidence of any heart disease they would not have been accepted to the Military in the first place. They awarded about 3 weeks later.

I said something to a vet a few hours ago and it bears repeating here- (they made an error in his claim) that apparently it is not a job qualification to be literate ,to get employed by the RO benefits division employees.

My own RO director cannot read.Neither could a DRO I had once.

Did you get a 5103 waiver at some point ,from your VARO?

I am baffled by the award for tinnitus ( a non AO disability) yet they confirmed your exposure to AO  ??????? knowing you had an AO claim in Appeals ..........Strange........

 

 

 

 

 

Edited October 15, 2019 by Berta

[Richard Reeder]

19 hours ago, Berta said:

WOW- is the appeal still at your VARO, still awaiting transfer to the BVA?Are you able to scan and attach here the very last denial from the RO of the prostate cancer claim?

Cover your C file #, name prior to scanning it-

The deck logs are Golden, and make sure you send the VA copies of them...keep the originals.

There is something that you might be able to do to get the claim awarded prior to the BVA transfer.

It is called a CUE - depends on the date and circumstances of the denial.

I will gladly help with the CUE if I can read their last denial and if I or others here see a potential for a faster decision than waiting for a BVA transfer.

But ,then again, it seems by this- that your claim had been transferred and has been at the BVA -for some time already-???

" I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals."

I would therefore send the BVA (hope you have a docket number to put on your submissions, ) a copy of the deck logs and anything else you feel would award the claim. VA said you were AO exposed, and awarded the tinnitus ,but did they deny the A O prostate cancer claim in the same decision?

I wonder how they determined you were exposed....and why the heck didn't they set you up for a C & P exam for the prostate cancer? The C & P exam would determine the rating.

Did the letter state they "inferred" the prostate cancer claim? 

On the older 2010decision, did they give youa NSC rating with a percentage for the Prostate Cancer,

if so that could mean an EED of 2010 as I understand this all....( Footnote One Nehmer)

But something seems odd here-on VA's part......

Cripes they denied my AO IHD 2010 death claim by saying my husband had no evidence of IHD heart disease in his SMRs. I was outraged and threw a CUE at them. I made the point that most of these Vietnam Vets ( he was 1StMarDIV, First Wave, Danang 65-66, )were KIDS in Vietnam ,teenagers ,and if they had evidence of any heart disease they would not have been accepted to the Military in the first place. They awarded about 3 weeks later.

I said something to a vet a few hours ago and it bears repeating here- (they made an error in his claim) that apparently it is not a job qualification to be literate ,to get employed by the RO benefits division employees.

My own RO director cannot read.Neither could a DRO I had once.

Did you get a 5103 waiver at some point ,from your VARO?

I am baffled by the award for tinnitus ( a non AO disability) yet they confirmed your exposure to AO  ??????? knowing you had an AO claim in Appeals ..........Strange........

 

 

 

 

 

Yes I received and returned a 5103. The VFW submitted tinnitus hearing loss hypertension and prostate cancer all on one claim. I got two different rulings. One had on was just for Prostate Cancer and the other one on tinnitus which was granted but hearing loss and hypertension was denied because they said were not device connected.

Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.

They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service.

The VFW filed my appeal on Va form 10182 and check 11B that says Evidence Submission Reviewed by Veterans Law Judge I have additional evidence in my support of my appeal that I will provide in the next 90 days. It will not move from there until December 24. 

I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way. I guess there is no way to do it different now. I will have keep sending new evidence I come up until it moves on. 

Any opinions you have would be appreciated.

Thanks for trying to help

God bless

[Berta]

That form might not be a bad idea----in any event can you scan and attach here the last decision on the prostate cancer, and it's date? Cover your C file # and name,address prior to scanning it.

"Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.

They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service."

The Blue Water NAvy AO law was signed in June 2019 by the President but we are still waiting for Secretary Wilkie to lift the Moratorium on Blue Water Navy claims. Many Vet orgs have sued him on that.Also we do not have the actual regulations yet on this law, but a lot could happen with the form and the 11B Submissions you should make.

You stated:

 "I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way." Maybe but I hope you realise that Everything takes too long with the VA.My AO IHD death claim filed in 2010 took until 2012 to be awarded -that was the fastest  claim I think I ever got awarded , except for some CUEs I filed that took only weeks to change denial into an award- I can look over the scanned decision and see if there is a CUE in it-but there might not be a CUE ( Clear and Unmistakable Error) because we do not have the AO BWN regulations yet. Still it is worth looking over the decision.

On the HBP I have just filed a AO Death and accrued HBP claim- you might want to follow the claim I filed, as an example, as to what would pertain to you as this is an accrued claim, I am a widow, not a veteran: It is here:

https://community.hadit.com/topic/75251-hbp-awarded-due-to-ao/

Sec Wilkie may or may not add HBP to the AO presumptives, but it pays to file the claim anyhow using the evidence I used from the NAP report.

If the VA ever rated your HBP as NSC with a rating percentage, in any past decision that can become quite important if they award your HBP claim due to the exposure you can prove with your deck logs.

 

[Berta]

PS -If you can post the Hearing loss denial, there are many here who could help with that.

You might need VA Fast Letter 10-35 and also the MOS list. If no one posts it, I will tomorrow-

[Berta]

Gee-I forgot-I will be gone tomorrow- most of the day- here it is:

https://vetsbenefits.net/va-fast-letter-10-35-hearing-t99876.html#.VfLYlZdLzV8

It is from YUKU VBN and all of the other links here to it seem to be broken.

I am sure the MOS list is there under that link as well.

It would help if we can see the Hearing loss decision. VA makes many errors in Hearing loss claims.

[Richard Reeder]

On 10/16/2019 at 4:26 PM, Berta said:

That form might not be a bad idea----in any event can you scan and attach here the last decision on the prostate cancer, and it's date? Cover your C file # and name,address prior to scanning it.

"Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.

They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service."

The Blue Water NAvy AO law was signed in June 2019 by the President but we are still waiting for Secretary Wilkie to lift the Moratorium on Blue Water Navy claims. Many Vet orgs have sued him on that.Also we do not have the actual regulations yet on this law, but a lot could happen with the form and the 11B Submissions you should make.

You stated:

 "I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way." Maybe but I hope you realise that Everything takes too long with the VA.My AO IHD death claim filed in 2010 took until 2012 to be awarded -that was the fastest  claim I think I ever got awarded , except for some CUEs I filed that took only weeks to change denial into an award- I can look over the scanned decision and see if there is a CUE in it-but there might not be a CUE ( Clear and Unmistakable Error) because we do not have the AO BWN regulations yet. Still it is worth looking over the decision.

On the HBP I have just filed a AO Death and accrued HBP claim- you might want to follow the claim I filed, as an example, as to what would pertain to you as this is an accrued claim, I am a widow, not a veteran: It is here:

https://community.hadit.com/topic/75251-hbp-awarded-due-to-ao/

Sec Wilkie may or may not add HBP to the AO presumptives, but it pays to file the claim anyhow using the evidence I used from the NAP report.

If the VA ever rated your HBP as NSC with a rating percentage, in any past decision that can become quite important if they award your HBP claim due to the exposure you can prove with your deck logs.

 

I would think the CUE in my case and every other Blue Water sailor who submitted a claim before the Circuit Court of Appeals case of Procopoi vs Wilkie was that the VA was interpreting the law wrong as they were only including Veterans with boots on ground or those who  served in the waterways of Republic of Vietnam. The court found that Congress clearly intended that the presumption of exposure applied to those who served in the territorial seas of the Republic of Vietnam. Agent Orange is presumed by the VA to have caused certain diseases in veterans who served in the Republic of Vietnam with Prostate Cancer being one those diseases.