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

 

 

 

 

[broncovet]

Berta posted:

If the vet is  in Lane one (supplemental claim- can they still request a higher level review, or  appeal to the BVA?

Can they only "choose" from one" ?

Can they send in a second supplemental claim? 

end of quote.  

   While I cannot site a source, its my opinion they have to "choose one"..either supplemental claim, higher level review, or appeal to the BVA.  For example, when you fill out the I9, you have to list the date of the denied decision.  The supplemental claim lane, if you read THIS may help explain:

https://www.law.cornell.edu/uscode/text/38/5110

Notice that effective dates are treated differently for HLR and SCL.  

Its my "opinion" that you COULD have multiple claims going in different levels of appeals:

In other words, you could have a claim for tdiu being appealed at the bva, while an issue of smc was still in supplemental Claim lane.  This happened to me, and now they are both at the BVA.  Im trying to find out if they merged or not.  They have different priority levels:  One of my issues (tdiu) was remanded from the CAVC.  (they are required to treat those expiditiously).  The other issue (SMC) was from an appeal from a denial of SCL .  

If you look at the new (2018 BVA) BVA chairmans report, in 2019 the workload (number of appeals submitted by Vets) to the BVA is expected to double in 2019 form 2018.  Here is why:  Vets no longer have to go through a SOC and certifiying a claim to the board with AMA.  This alone adds about 3 years to the backlog, because it takes the VARO a year to do a SOC, and another couple years to certify the claim to the BVA.  In other words, it "sits" at the VARO for 3 years.  Well that wait has been eliminated, so now that appeals are not sitting in the VARO's, they are expected to arrive at the board.  This means the board is getting older claims from SoC'S FINALLY BEING CERTIFIED, and the new claimants that dont have to wait for them to be certified.  So its double.  

   Me thinks you can repeat a SCL or HLR denial.  In other words, since I had a SCL denial I still could choose all 3 lanes:  SCL, HLR or BVA.   I chose BVA.  

    Yours is one of many problems with AMA that the VA is yet to work out.  

Edited October 25, 2019 by broncovet

[Berta]

Thanks Broncovet- that makes sense- and of course things will get worse if and when new AO presumptives are added, and when BWN AO vets or their survivors start filing under the pending AO regulations.

I am surprised more Vietnam vets have not filed for HBP under AO using the National Academy of Science report.

I have already found one , awarded   at the BVA, need to check there again , and I have filed one as well as an accrued survivor's benefit.

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

Regardless of whether Sec Wilkie adds HBP to the AOs, vets, and their widows have a way to succeed,due to the report I mention in the link above.

Former Sec Shukin was ready to potentially add 3 to the presumptive list, but that got fubared and now Sec Wilkie might have the same problems adding anything more to the list.

 

 

[broncovet]

To add:

   Berta posted 

Quote

Veterans keep their effective date under the new appeals

This is incosistent with this:  https://www.law.cornell.edu/uscode/text/38/5110

No, Im not doubting Berta, Im doubting VA.  For example, if a Veteran chose HLR, then later found some new evidence that he THOUGHT VA had (but they didnt), my guess is that the effective date, when awarded, would be unfavorable to the Veteran.  He would not be able to submit new evidence under HLR.  This would mean the Veteran would be hornswaggled on the effective date, because he did not know the VA "didnt have" his evidence, and elected for HLR.  

This appears to be a "built in trap" to snare unwary Vets.  Plausable example:

The Veteran applies for benefits and is denied.  He had sent an IMO, but like often happens, the VA does not get it.  So, he appeals through HLR.  (He assumed VA had that evidence, but they did not).  

He finds out 2 years later with a newer cfile, that evidence is lacking.  Whoops!  He elected HLR and new evidence cant be submitted.  Then he has to file a new SCL, and will get hornswaggled on the effective date, essentially paying VA to lose his evidence!!!!

A cue would not fly here, because a cue must be based on the evidence at the time of decision.  

Its my humble opinion there is a time to file an HLR:  NEVER!!!!  But that may not be good advice either!!!  Here is why.  The Vet files a SCL and submits evidence but the VA already has that evidence.  So they deny!!!  

I suggest the only good way to fix this is for a SCL to allow SCL or HLR, but then what is the good of HLR?

HERE IS THE PROBLEM:

The VEteran does not know what is in his file IN REAL TIME.  Sure he may have gotten a cfile a year ago, but new evidence would have been added and probably subtracted, also.  Since the VEteran (pro se) does not have access to VBMS and his cfile in real time, he really has no idea what is/is not in his cfile, and he should not have to make such a committment (HLR OR SCL) until he can see his real time cfile.  

Solution:

    Let pro se Vets see their VBMS file.  Then we could read it and in real time decide which claim lane to file.  Attorney represented Vets can see their VBMS, so can some VSO's.  But pro se Vets cant see their VBMS file and are at a huge disadvantage.  

[Richard Reeder]

On 10/24/2019 at 7:41 AM, Berta said:

I think any route is better to take than filing a BVA appeal- yet the BWN situation has altered my thinking  on those types of claims---- The good part of BVA appeals is that they are lawyers and they  can read.

The bad part is a BVA appeal takes so long- but I feel the VAOGC memo I posted yesterday makes it very clear that BVA, with the proper evidence, ( AO disability diagnosis and deck logs ) could award the claim ( as they did in a BWN AO claim I posted here  , above in this thread, )or would remand for fo expeditious treatment.

But I hope others chime in here as, I am not familiar with the new veterans claims process, as they changed the survivor process as well-which involves 3 issues I have   and I am still copying  in evidence that VA already has but my issues were sent to a different RO,piecemeal.

I thought you could ask for a Higher Level Review at this point- 

BUT in any event, Footnote One is here, and NVLSP has made it clear that the EED will be the date of a claim in which a BWN vet was initially denied for AO.

Someone here would know about sending in another Supplemental claim- or asking for a Higher Level Review.

I had sent in a 21-4138 on my issues that my RO never passed on to the Phil. VARO who handles all survivor claims now, and I am still trying to figure out the new survivor process for claims will work..

We need some input here from others currently who are in the new claims process.

 

 

 

I think next week I will pull the BVA appeal and put in a Supplemental Claim with new evidence. My ship’s logs that prove we were less than the 12 nautical miles on many occasions. 

It can be a pain to go through your ship’s logs to have to find the information that will prove your claim. You really have to do your home work.

As I said before it is really nice to have people like you to help and to give your time to others to help them.

Through out this process and reading everything you can to help your claim is so time consuming. It seems like your mind never shuts down. I have learned a lot and will try to help others If I can.

Thank you so much for your input and help.

[Berta]

Richard - others commented on what might be best for you to do in the post saying we need more input here-

https://community.hadit.com/topic/76745-can-we-have-some-input-here/

They know more about the AMA new claims process  than I do-

It is all VERY time consuming and can control every minute of a claimant's time-but hard work pays off.

 

Edited October 25, 2019 by Berta

[Richard Reeder]

On 10/25/2019 at 4:16 PM, Berta said:

Richard - others commented on what might be best for you to do in the post saying we need more input here-

https://community.hadit.com/topic/76745-can-we-have-some-input-here/

They know more about the AMA new claims process  than I do-

It is all VERY time consuming and can control every minute of a claimant's time-but hard work pays off.

 

Before I do anything I will call the VA and see what they say my options are. I do not want to do anything that will hurt my EED. I will also put my ship’s logs in my appeal. My ship was within 12 nautical mile every month we were deployed.

The VA also needs to make up a list of ships that were in the territorial seas of Vietnam. Veterans who file new claims are going to have show their ship’s logs have them within 12 nautical miles.