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HadIt.com Anniversary 24 years on Jan 20, 2021
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VA's Updates July 2019 AO Ships list


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  • HadIt.com Elder

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

 

 

 

 

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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

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  • HadIt.com Elder

Office of General Counsel just emailed me this:

https://www.veteranslawblog.org/wp-content/uploads/2019/05/VAOGC-Adv-Opinion-re-Procopio-3.29.2019.pdf

I will also out it into another topic, in the AO forum- and have to leave but will deficer it later.

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  • HadIt.com Elder

Can you possible scan and attach here (( Cover C file # etc) the actual denial you got and their evidence list- if they even prepared one?

I feel you should appeal the denial, but first a CUE claim might well alleviate the need for a NOD.

It is hard to prepare a valid CUE without seeing the actual denial of September 2019.

I believe paragraph 4 and 5 of the March Memorandum from the General Counsel will support the CUE but it is geared solely to BVA remands of certain Blue Water Navy veterans ....such as the one in the BVA decision I posted above:

VA’s General Counsel has indicated that some cases before the Board that were affected by the Procopio stay may be capable of immediate decision, for example if the evidence indicates that the Veteran served on board a ship that went within the 12 nautical mile territorial sea of Vietnam.  General Counsel Advisory Opinion, VAOPGADVIS 1-19 (Mar. 29, 2019).  For the above reasons, this is such case.  See also 38 C.F.R. § 3.304(c) (“The development of evidence in connection with claims for service connection will be accomplished when deemed necessary but it should not be undertaken when evidence present is sufficient for this determination”).  As the Veteran has current lung cancer and prostate cancer and he is presumed to have been exposed to Agent Orange in Vietnam, service connection for lung cancer and prostate cancer is warranted on a presumptive basis.

 

"VA’s General Counsel has indicated that some cases before the Board that were affected by the Procopio stay may be capable of immediate decision, for example if the evidence indicates that the Veteran served on board a ship that went within the 12 nautical mile territorial sea of Vietnam.  General Counsel Advisory Opinion, VAOPGADVIS 1-19 (Mar. 29, 2019).  For the above reasons, this is such case.  See also 38 C.F.R. § 3.304(c) (“The development of evidence in connection with claims for service connection will be accomplished when deemed necessary but it should not be undertaken when evidence present is sufficient for this determination”).  As the Veteran has current lung cancer and prostate cancer and he is presumed to have been exposed to Agent Orange in Vietnam, service connection for lung cancer and prostate cancer is warranted on a presumptive basis."

https://www.va.gov/vetapp19/files4/19132156.txt

But thefact is that BWN  AO vets are being requested to file their claims, which would be part of the Moratorium and than be addressed by the ROs after the moratorium was lifted.

I need to do some more research...maybe the last letter I  got my AO IHD death will help-----

but I need to see what regulations the VA used in your denial in order to prepare a valid CUE.

I also need to ask my NVLSP contact person what instructions the VA ROs  have gotten on BWV AO claims, as far as the moratorium goes.

 

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I am re thinking  the above regarding CUE----but I didnt delete the post as we might get some BWN AO vets who are at the BVA and will need that above remand info .

This is NVLSP's suggestion and now I feel this is what you need to do:

Use the 20-0995 again, give them your Deck Log evidence, cite HR 299 and Procipio, as they suggest  and you can mention Commander Haas as well, and you were on the same ship he was on, and in his many VA cases he stated consistently that this ship, the USS Mount Kaimai AE 16, was less than 100 feet from shore. His Deck logs proved that.

Regardless of how you file (this is better than CUE) the claim will be in the Moratorium, but the VARO will have to hold it there until the Moratorium is lifted and a CUE wont lift the Moratorium at all.Only Sec. Wilkie can do that.

 

"you previously filed a disability claim for a disease VA now recognizes as associated with Agent Orange and the VA finally denied that claim, you should file a supplemental claim for disability compensation for that disease using VA Form 20-0995 (available here: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf). On that form, you should check the box for “compensation” in block 12, and write the following language in box 13A: “I am entitled to disability benefits for [put in name of your Agent Orange related disease] under the Blue Water Navy Vietnam Veterans Act of 2019 and Procopio.”  In block 13B of that form, you should write the date of the VA decision that denied you benefits for that disease.  If you don’t know the date, we suggest that you write the following language in block 13B: “See my claims file for date of denial of my claim for [put in name of your Agent Orange related disease].”

In order to help ensure you are awarded the earliest possible effective date for benefits, you should not delay in filing a VA claim."

https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans

 

 

 

 

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2 hours ago, Berta said:

I am re thinking  the above regarding CUE----but I didnt delete the post as we might get some BWN AO vets who are at the BVA and will need that above remand info .

This is NVLSP's suggestion and now I feel this is what you need to do:

Use the 20-0995 again, give them your Deck Log evidence, cite HR 299 and Procipio, as they suggest  and you can mention Commander Haas as well, and you were on the same ship he was on, and in his many VA cases he stated consistently that this ship, the USS Mount Kaimai AE 16, was less than 100 feet from shore. His Deck logs proved that.

Regardless of how you file (this is better than CUE) the claim will be in the Moratorium, but the VARO will have to hold it there until the Moratorium is lifted and a CUE wont lift the Moratorium at all.Only Sec. Wilkie can do that.

 

"you previously filed a disability claim for a disease VA now recognizes as associated with Agent Orange and the VA finally denied that claim, you should file a supplemental claim for disability compensation for that disease using VA Form 20-0995 (available here: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf). On that form, you should check the box for “compensation” in block 12, and write the following language in box 13A: “I am entitled to disability benefits for [put in name of your Agent Orange related disease] under the Blue Water Navy Vietnam Veterans Act of 2019 and Procopio.”  In block 13B of that form, you should write the date of the VA decision that denied you benefits for that disease.  If you don’t know the date, we suggest that you write the following language in block 13B: “See my claims file for date of denial of my claim for [put in name of your Agent Orange related disease].”

In order to help ensure you are awarded the earliest possible effective date for benefits, you should not delay in filing a VA claim."

https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans

 

 

 

 

I already have a appeal in now with court of appeal but they will not move until Dec 24 because I can put more evidence in it. Would you suggest that I pull that one and file a 20-0995 again. If I would do that would it hurt my EED because now they are denying me on my 2010 claim that is some of the evidence  they are referring to.

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