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]

I don't know if VA will update the July 2019 list here.

John Rossie, president of Blue Water Navy Vietnam Veterans Association, contacted me for what work still needs to be done-He is preparing a statement that I will post here as to this issue -but also he has a list of 22  carriers whose logs show they were in the 12 mile limit----

The ship a deceased veteran, per a widow I asked to join here some time ago, re: the new AO situation ,is one of the carriers  JR found to be within the 12 mile limit.

I am trying to find any claim at BVA that was denied ( or awarded) in which the veteran was on a carrier, and whose logs might have caused an award or a remand or anything,  and will be searching all Carrier Association site as well-----just like the Haas Case.Also I am going to try to find Jonathan Haas, or his survivors as, like many if not most Blue Water Navy veterans, he ,like them, was  denied but now their earliest effective date should be when they first the initial presumptive  claim that was denied.

Also we are trying to develop  a media and web site roster, so that we can get the word out on HR 299 and Procopio, as BWN vets should file their claims ASAP to get into what could be an enormous claims queue, when the stay is lifted. VA does not really want BWN AO vets to know,yet, that they might be eligible for more comp under HR 299 and Procopio.

There is also a lot of inhouse BS going on at VA- nothing I am willing to post here-re: the AO issues. But thee law is the law. I just hope the regulations do not manipulate HR 299 to any veterans detriment.

JR, (John Rossie) and a handful of dedicated advocates got HR 299 passed ,via trips to Congress, DC, media and sheer persistence and that took many, many years and there is still more to be done.

The Nehmer Court Order protects the EED - as within Footnote One- searchable at hadit in this forum.

I will post any info I get as to the Stay, etc. here but there is far more BWN AO work to be done, which will take  my time away from hadit.

 

 

 

 

 

 

Edited October 27, 2019 by Berta
2 power outages alreadythis AM- high wind warnings

[Richard Reeder]

8 hours ago, Berta said:

I don't know if VA will update the July 2019 list here.

John Rossie, president of Blue Water Navy Vietnam Veterans Association, contacted me for what work still needs to be done-He is preparing a statement that I will post here as to this issue -but also he has a list of 22  carriers whose logs show they were in the 12 mile limit----

The ship a deceased veteran, per a widow I asked to join here some time ago, re: the new AO situation ,is one of the carriers  JR found to be within the 12 mile limit.

I am trying to find any claim at BVA that was denied ( or awarded) in which the veteran was on a carrier, and whose logs might have caused an award or a remand or anything,  and will be searching all Carrier Association site as well-----just like the Haas Case.Also I am going to try to find Jonathan Haas, or his survivors as, like many if not most Blue Water Navy veterans, he ,like them, was  denied but now their earliest effective date should be when they first the initial presumptive  claim that was denied.

Also we are trying to develop  a media and web site roster, so that we can get the word out on HR 299 and Procopio, as BWN vets should file their claims ASAP to get into what could be an enormous claims queue, when the stay is lifted. VA does not really want BWN AO vets to know,yet, that they might be eligible for more comp under HR 299 and Procopio.

There is also a lot of inhouse BS going on at VA- nothing I am willing to post here-re: the AO issues. But thee law is the law. I just hope the regulations do not manipulate HR 299 to any veterans detriment.

JR, (John Rossie) and a handful of dedicated advocates got HR 299 passed ,via trips to Congress, DC, media and sheer persistence and that took many, many years and there is still more to be done.

The Nehmer Court Order protects the EED - as within Footnote One- searchable at hadit in this forum.

I will post any info I get as to the Stay, etc. here but there is far more BWN AO work to be done, which will take  my time away from hadit.

 

 

 

 

 

 

In my case the VA has denied my claim twice already this year. In my claim I cited Procopio and HR 299 and still they denied my claim. If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year. My doctor at the VA said I was herbicide exposed Vietnam Veteran and things I get from VA said as much. It makes me wonder what it is going to take. We need more Veterans employed at the VA. The only thing I have about the VA and how it operates is ????????????????????????

[Berta]

"If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. "

With copies of your deck logs and proof of your disability, I would think the RO would put the claim on a hold, until the stay is lifted.

 "Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year."

I certainly feel Propocio should and will award many BWN AO claims- but I don't think the VA would award them "this year".

As I mentioned, I was in the Gardner Moratorium ( it was a stay on all 1151 claims.Prior to Gardner, there was a "no fault clause " to many 1151 claims ( 351 claims at that time) but the Gardner incident meant a vet or their survivor would definitely have to proof "fault" and malpractice caused their disability or death.

I proved my husband's 1151 claim with solid proof of malpractice that caused his death, sent with it.But after the stay was lifted the RO still fought me over that claim.He filed it in early 1994, and the RO finally awarded it in 1998-when the General Counsel ordered them too. They had the FTCA settlement papers and everything they needed to award it much soon, but ignored the evidence from the OGC.

My point is , I am a hardcore claimant and know the VA claims system is very adversarial.

Some vets and survivors get through it fairly quickly and others, in spite of the evidence they and the VA has.

If the VARO, with proof of your AO exposure and diagnosis denies your claim again, that is the time to whip out a CUE-and based on what the wording of the denial is, it would be easy to prepare.

But I feel they will acknowledge the claim until the stay is lifted.

Another hold up is also the fact that the BWN AO regulations have not been prepared yet, and that takes time....(it could take some of us AOers here, about 30 minutes to write them) but the VA needs to write and publish them.

On the awards BVA has made already on Procopio- the awards caused a remand, so those BWN vets have to wait as well, even though the were granted AO comp by the BVA.

 

"The only thing I have about the VA and how it operates is ????????????????????????"

I have accepted the fact that the claims process always was and will be snafued and fubared up the ying yangs, and we simply have to fight back with evidence, and hopefully get a rater who can read.

In my IG complaint ( they - one or two VAROs involved)are working on my  audit request, I made the point ,with evidence, of the illiteracy factor that caused me to have many denials, unless it was deliberate poor adjudication, and I also questioned that they cannot even prepare a valid audit ( simple addition, subtraction, and multiplication, )that 3 of my past audits revealed....when they were re -done. Audits involving over 98 thousand dollars, they had to send to me , in 3 major audit errors ,over the past 2 decades. 

If they can do that to me, they can do that to any claimant, who might get an award with an audit area and find out it is completely ,erroneous to their detriment.

 

 

 

 

 

 

 

I

 

 

[Richard Reeder]

4 hours ago, Berta said:

"If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. "

With copies of your deck logs and proof of your disability, I would think the RO would put the claim on a hold, until the stay is lifted.

 "Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year."

I certainly feel Propocio should and will award many BWN AO claims- but I don't think the VA would award them "this year".

As I mentioned, I was in the Gardner Moratorium ( it was a stay on all 1151 claims.Prior to Gardner, there was a "no fault clause " to many 1151 claims ( 351 claims at that time) but the Gardner incident meant a vet or their survivor would definitely have to proof "fault" and malpractice caused their disability or death.

I proved my husband's 1151 claim with solid proof of malpractice that caused his death, sent with it.But after the stay was lifted the RO still fought me over that claim.He filed it in early 1994, and the RO finally awarded it in 1998-when the General Counsel ordered them too. They had the FTCA settlement papers and everything they needed to award it much soon, but ignored the evidence from the OGC.

My point is , I am a hardcore claimant and know the VA claims system is very adversarial.

Some vets and survivors get through it fairly quickly and others, in spite of the evidence they and the VA has.

If the VARO, with proof of your AO exposure and diagnosis denies your claim again, that is the time to whip out a CUE-and based on what the wording of the denial is, it would be easy to prepare.

But I feel they will acknowledge the claim until the stay is lifted.

Another hold up is also the fact that the BWN AO regulations have not been prepared yet, and that takes time....(it could take some of us AOers here, about 30 minutes to write them) but the VA needs to write and publish them.

On the awards BVA has made already on Procopio- the awards caused a remand, so those BWN vets have to wait as well, even though the were granted AO comp by the BVA.

 

"The only thing I have about the VA and how it operates is ????????????????????????"

I have accepted the fact that the claims process always was and will be snafued and fubared up the ying yangs, and we simply have to fight back with evidence, and hopefully get a rater who can read.

In my IG complaint ( they - one or two VAROs involved)are working on my  audit request, I made the point ,with evidence, of the illiteracy factor that caused me to have many denials, unless it was deliberate poor adjudication, and I also questioned that they cannot even prepare a valid audit ( simple addition, subtraction, and multiplication, )that 3 of my past audits revealed....when they were re -done. Audits involving over 98 thousand dollars, they had to send to me , in 3 major audit errors ,over the past 2 decades. 

If they can do that to me, they can do that to any claimant, who might get an award with an audit area and find out it is completely ,erroneous to their detriment.

 

 

 

 

 

 

 

I

 

 

Thanks so much for listening and your input. I will keep you informed. I hope all BWN finally get what is rightfully due to them. I thank all the people who were responsible to get the BWN to this point. A lot of BWN Veterans never lived to see this accomplishment. I feel so bad for them. I only hope their surviving family will know about this and pursue what is owed to them. 

[Richard Reeder]

9 hours ago, Berta said:

"If I put in another claim and I will put my ship’s logs in it to show that we were within 12 nautical miles. With the stay on they still have time to deny me again this year. "

With copies of your deck logs and proof of your disability, I would think the RO would put the claim on a hold, until the stay is lifted.

 "Whenever you cite Procopio case why would they deny? There is a lot I do not understand but to me the ruling in the Procopio case should be enough for the VA to approve my claim this year."

I certainly feel Propocio should and will award many BWN AO claims- but I don't think the VA would award them "this year".

As I mentioned, I was in the Gardner Moratorium ( it was a stay on all 1151 claims.Prior to Gardner, there was a "no fault clause " to many 1151 claims ( 351 claims at that time) but the Gardner incident meant a vet or their survivor would definitely have to proof "fault" and malpractice caused their disability or death.

I proved my husband's 1151 claim with solid proof of malpractice that caused his death, sent with it.But after the stay was lifted the RO still fought me over that claim.He filed it in early 1994, and the RO finally awarded it in 1998-when the General Counsel ordered them too. They had the FTCA settlement papers and everything they needed to award it much soon, but ignored the evidence from the OGC.

My point is , I am a hardcore claimant and know the VA claims system is very adversarial.

Some vets and survivors get through it fairly quickly and others, in spite of the evidence they and the VA has.

If the VARO, with proof of your AO exposure and diagnosis denies your claim again, that is the time to whip out a CUE-and based on what the wording of the denial is, it would be easy to prepare.

But I feel they will acknowledge the claim until the stay is lifted.

Another hold up is also the fact that the BWN AO regulations have not been prepared yet, and that takes time....(it could take some of us AOers here, about 30 minutes to write them) but the VA needs to write and publish them.

On the awards BVA has made already on Procopio- the awards caused a remand, so those BWN vets have to wait as well, even though the were granted AO comp by the BVA.

 

"The only thing I have about the VA and how it operates is ????????????????????????"

I have accepted the fact that the claims process always was and will be snafued and fubared up the ying yangs, and we simply have to fight back with evidence, and hopefully get a rater who can read.

In my IG complaint ( they - one or two VAROs involved)are working on my  audit request, I made the point ,with evidence, of the illiteracy factor that caused me to have many denials, unless it was deliberate poor adjudication, and I also questioned that they cannot even prepare a valid audit ( simple addition, subtraction, and multiplication, )that 3 of my past audits revealed....when they were re -done. Audits involving over 98 thousand dollars, they had to send to me , in 3 major audit errors ,over the past 2 decades. 

If they can do that to me, they can do that to any claimant, who might get an award with an audit area and find out it is completely ,erroneous to their detriment.

 

 

 

 

 

 

 

I

 

 

Today I received from the VA CLAIMS INTAKE CENTER a letter saying 

Due to a recent law change you may be eligible for VA benefits. 

Why we are contacting you

The new law Public Law 116-23, Blue Water Navy Vietnam Veterans Act of2019

• extends presumption of herbicide exposure to service within offshore waters of Republic of Vietnam and

• provides a potential earlier effective date for conditions that were previously denied service connection

How this May Affect You

You we’re previously denied service-connected benefits for an herbicide-related disability, and you may be eligible. You may also be eligible for potential retroactive effective date if VA grants service-connected benefits under new law for an herbicide-related disability you were previously claimed on or after September 25 1985, and January 1, 2020 that was subsequently denied

VA is currently processing claims and will decide these claims based  on date of new law. This mean eligible Veterans will be awarded benefits as early as January 1, 2020

Eligibility Criteria

You may apply for benefits if you believe the following criteria are met

1 You served aboard a US Navy or Coast Guard ship offshore “blue waters” of the Republic of Vietnam between January 9, 1962 and May 7, 1975, VA will presume herbicide exposure if your service included:

• Duty or visitation within the Republic of Vietnam itself or

• Traveled on a vessel in the inland waterways of the Republic of Vietnam, or

• Travel on a vessel within the eligible offshore waters as listed in   Public Law 116-23.

2 You can provide us with evidence or identify any evidence that we can gather on your behalf such as diagnosis or treatment for one of the conditions noted in 38 C.F.R. S 3.309(e)

I need to submit a VA Form 20-0995

Also if I do not submit  VA form 20-0995 the VA will take any action to review my claim

Sounds Good to me.

I understood that the VA was going send BWV who’s Claims were denied in the pass a letter like this.

[Berta]

YOW!!!!!! I did not expect anything like this to happen!!!!!

I got email on this minutes ago and also I posted the new October 2019 AO Ship's list! I did not expect that This is great Richard and I truly did not feel VA would no anything at all until the stay was lifted and the regulations were out...I apologize for being negative that anything could happen fast...........WOW!!!!

As soon as I redact and scan the copy of a letter I got in email from JR (BWNVVA) I will post that letter here.

Scuttlebutt was that VA would Not try to contact BWN vets at all.And that nothing would happen until January- and I am Thrilled that you got this letter!!!!!!!!!!!!

Things are sure looking up for you and all BWN vets or their survivors, who fall into the HR 299 and Procopio criteria. 

I feel like today is Veterans Day-in a way- but every day should be Veteran's day anyhow.

Thank you for bringing us this news- I could not get the email scan I got from the VA, as to  the basic letter they are sending out.

This is Wonderful News!!!!!!!!!!!!!!!!!!!!!!