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VA's Updates July 2019 AO Ships list


Berta

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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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  • HadIt.com Elder

I would file the 20-0995 again- and I assume this is a different disability than the Prostate cancer?

Do you mean by Court of Appeals, that you filed a 2010, claim, it was denied by your RO,and then denied by the BVA and that it is now with the CAVC ( Court of Appeals of Veterans Claims)???

If that regards a different AO disability, the pdf link above explains that BVA has to remand BWN AO claims.

Can you give us the Docket and Citation Number if this is an Appeal with the BVA?

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4 hours ago, Berta said:

I would file the 20-0995 again- and I assume this is a different disability than the Prostate cancer?

Do you mean by Court of Appeals, that you filed a 2010, claim, it was denied by your RO,and then denied by the BVA and that it is now with the CAVC ( Court of Appeals of Veterans Claims)???

If that regards a different AO disability, the pdf link above explains that BVA has to remand BWN AO claims.

Can you give us the Docket and Citation Number if this is an Appeal with the BVA?

I am still on the claim of Prostate Cancer I filed in 2010. I put in a Supplemental claim which VA told me to put in. They received my Supplemental claim July 10 2019. This was on their Rating Decision that I received

Evidence

Service  Treatment Record received September 7 2010

Service Personnel Records received August 31 2010 and October 25 2010

VA letter concerning your claim. How exposed to herbicides dated September 7  2010

National Personnel Records Center response to request for evidence of herbicide exposure received September 20 2010

National Personnel Records Center response to request for evidence of herbicide exposure received October 25 2010

Memorandum of Formal Finding of Inability to Concede Exposure to Herbicides dated November 16 2010 

Rating Decision dated December 17 2010

VA Form 20-0995 Supplemental Claim Application received July 10 2019

VA letter concerning your claim dated July 19. 2019

Section 5103 notice dated July 25 2019

Web Evidence related to Blue Water Veterans received August 6 2019

Section 5103 Notice Response received August 6 2019

VAMC Records from November 7 2014 through August 23 2019

Rating Decision 09/03/2019

Service connection for Prostate Cancer remains denied.

Instead of another Supplemental Claim my representative filed a VA form 10182 Appeal to the Board of Veterans Appeals and under Board Review Option chose 11B option where we still have 90 days to submit evidence.

I would like to know if I took it out and filed a Supplemental Claim if I would lose my EED on my claim. I would think a Supplemental Claim would have been a better route to take. Your opinion would be helpful   Thank you so much

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  • HadIt.com Elder

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.

 

 

 

Edited by Berta
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  • HadIt.com Elder

This is what I do not understand, about thr new claims process -and hope others chime in:

  1. "AMA provides Veterans choice and control when they disagree with a VA claim decision.

Under AMA, Veterans can choose from one of three lanes to have their decision reviewed: (1) supplemental claim; (2) higher-level review; or (3) appeal to the Board of Veterans’ Appeals. If a Veteran chooses to appeal to the Board, he/she can choose from one of three dockets: (1) direct review; (2) evidence submission; or (3) hearing request.

  1. Veterans keep their effective date under the new appeals process.https://www.blogs.va.gov/VAntage/62997/four-important-things-know-appeals-modernization/

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? 

In this case here the BWN AO claims are in a Stay ( Moratorium) and vet orgs are fighting to get it lifted.

However ,the BVA granted this BWN AO claim in April 2019:

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

So , if this vet has no further recourse at the RO level ( I still think the advice here from NVLSP is correct-to file another claim on the new forms) than the BVA is a good bet.

The veteran was denied in 2015 and filed his NOD in 2016 so he fell under the older claims process.I am going to search to see what other BWN AO claims are there-

BUT the fact remains that the STAY must be lifted and another fact to consider is that I bet at least 95 percent of potential AO BWN vets and/or their survivors, still do not have a clue on the incredible victory they have received this past June if they have or have died from an AO presumptive and fall into the 12 mile limit criteria.

I saw one blip on TV in June- many vets are not PC literate and even if they are they might no know where to even get the BWN AO news . Our locale newpapers here in rural NY never has anything on this , and of course the regulations have not been prepared yet.

My point is- best to get a BWN AO claim in the process ASAP ( With your deck logs and proof of AO presumptive)and if they deny it initially or AGAIN , then the vet has chance under CUE, to get a faster decision (I hope) if they fall into the HR299/Procopio criteria.

I am concerned about the  potential BWN AO widows- the packet I got after a year of my CUEs at Buffalo, VARO, then sent to the Philadelphia VARO, contains so much yada yada ,that it is likely many survivors would even give up filing their claims.

But part of that problem will be that they might have no idea how to support their claims, and become dependent on a vet rep.

Of course that is the case for ALL widows-widowers  and very few really understand the evidence they need and the changing claims process. Many have left unanswered many of my questions, here and even on the older hadit board- and without answers we cannot direct them at all..... for what the DIC or accrued claim  is about.

If there is no surviving spouse, of a BWN  A0 vet, their adult children would be eligible for any retro payment, as I understand Nehmer...just like Nehmer 2010.

 

 

 

 

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