Question??

[Ann Bracey]

The last time I was on this site I left with a very bad feeling ( almost an insult). However I am going to ask this one time in hopes for an answer to my question. I did try contacting Chris Attig as well as other sources and never was able to speak to anyone. If there is a way to speak with someone regarding my issue could someone be so kind as to provide me with it?? I think Miss Berta could answer my question but not sure she would want to. I have called the VA 800 number and they knew nothing about what I was asking. Hope i might get some positive kind response today.

Thanks,

Ann Bracey

[GBArmy]

If you wish to actually speak to someone, this being a blog/forum, it is going to be difficult. You probably have to send a message to a specific person, say an elder, and trade phone numbers with them if they wish to do so. Not having any idea what your issue is, it may not be very fruitful for you. If you wish, select an icon of the person you want to address and send them a private note. Good luck.

[paulstrgn]

@Ann Bracey depending on what you are looking for I just called Chris Attig and a receptionist just answered. Phone: (866) 627-7764

https://www.attigsteel.com/attorneys/chris-attig/

 

If you are looking for assistance with claims there is @asknod from everything I read he is very knowledgeable. JMO

[vetquest]

Ann, I am sorry you left with a bad feeling.  Please ask your question and someone will help you.  I am not on much recently because I am moving but message me and I will get an email.  Please let Tbird know what happened, she would be very interested.

[Tbird]

Sorry we aren't set up to take individual calls. You can post your question and see if you can get an answer. Or try an attorney https://vetlawyers.com might be helpful, I've used them and they have a good reputation. Chris Attig use to only take cases that affect a lot of veterans, but not sure if that is still the case.

[Buck52]

if any one wants to try to answer Ann question  

 Ms berta and I and some other recommended she obtain an experience VA Attorney or Accredited VA Claims Agent.

I recommended NOVA and I believe broncovet did too!

here is what she wants to know? 

Ann Quoted

'' I am not looking to continue with DIC. I know the EED of my DIC was based on the date claim reopened. I want to know what if anything I can do to get the date of husband's cause of death back to the date he passed after being denied in 2010 because it was not until 2010 the VA recognized Thailand Veterans exposed to Agent Orange. He was one of them on perimeters on Koret Air Base. Wondering what step I should take to get this date back to 2010 using Liberalizing Law.''

[Berta]

The BVA decision here is quite clear:

https://community.hadit.com/topic/74215-ann-bracey-berta/

The Thailand AO regulations are here:

https://www.publichealth.va.gov/exposures/agentorange/locations/thailand.asp

You dont need them. The veteran was already determined to have died from an AO disability,due to his service in Vietnam.

The EED for DIC was the date the VA received proof that the veteran had an AO presumptive.

“As explained above, the appellant did not appeal the denial by submitting a timely Notice of Disagreement or other indication of disagreement with the administrative decision within one year.  The November 2000 denial of her DIC claim consequently became final.  38 C.F.R. §§ 20.302, 20.1103 (2017). 

 

The appellant's next submission was a written statement requesting to reopen the previously denied claim for DIC was received in January 2010 at the RO.  Along with the new claim in January 2010, the appellant also submitted the autopsy report dated May 2000, the month of the Veteran's death.  The cause of death listed on the autopsy report is "widely metastatic small cell undifferentiated carcinoma of the right lung."  Based on the autopsy report, in October 2010, the RO granted DIC for service connection for death as a result of the Veteran's presumed exposure to Agent Orange in the Republic of Vietnam and subsequent development of lung cancer, a condition listed in 38 C.F.R. § 3.309.  The effective date was January 27, 2010, the date the appellant submitted the request to reopen the DIC claim. 

In the Board hearing in August 2016, the appellant testified that she had not submitted the autopsy report in 2000 because either it was not produced at that time, she was not asked for it, or she did not have it.  The evidence of record shows that the RO contacted the appellant directly via letter in August 2000 and requested a copy of the autopsy report.  The death certificate dated May 15, 2000 indicates that an autopsy had already been completed and the findings were available prior to completion of the cause of death on the certificate.  The autopsy report states that the appellant authorized the autopsy, which was completed on May 13, 2000. 

 

The Board finds that an effective date earlier than January 27, 2010 for the appellant's award of entitlement to DIC is not warranted.  The November 2000 rating decision was final.  Thus the appropriate effective date for the entitlement to DIC for the appellant is the date of receipt of the new claim in January 2010.  38 C.F.R. § 3.400(c)(2) (2017).  “

( Source- BVA link above)

 

The VA cannot make an EED award based on evidence they do not have.

 "I think Miss Berta could answer my question but not sure she would want to"

I and many others here have tried to answer all of your questions   but today the question  has a different nuance-? Today you said:

" I am not looking to continue with DIC"

so what benefit would a different EED have to you?

Ann probably was upset at my last post to her -because I am not here to tell people what they want to hear- 

And sometimes they do not want to hear  and understand how VA case law and regulations control our claims.

By all means contact ASKNOD and maybe he will be able to help you.I highly recommend him for your situation.