Why not start a new forum on children of AO exposed vets and grand children?

[jamescripps2]

This WRDW News Investigates broadcast was aired on the 6:00 & 10:00 news in Augusta Ga. on 9/25/2019. This is the first of a series,  more will follow.

This link will work, click on the link, when page not found comes up, look five stories down on the right side of the screen and click on

I TEAM INVESTIGATES OFF SPRINGS. If you have trouble, see my next post in this thread.

https://www.wrdw.com/content/news/I-TEAM-Could-the-children-of-those-exposed-to-Agent-Orange-at-Fort-Gordon-als

Edited September 27, 2019 by jamescripps2

[Foxhound6]

On 9/28/2019 at 5:46 AM, Berta said:

Yes, a new topic would be great.

This is the most recent info I have on children with birth defects that can possibly be attributed to their parent' exposure to AO:

https://www.va.gov/disability/eligibility/special-claims/birth-defects/

In part:

"On June 25, 2019, the President of the United States signed into law H.R. 299, Blue Water Navy Vietnam Veterans Act, this new law (Public Law 116-23 ) will provide Blue Water Navy Vietnam Veterans who served in the inland waterways from January 9, 1962, and ending May 7, 1975 with proof of service eligible for Compensation and Health Care Benefits provided by the Department of Veterans Affairs.   Under the law if a Veterans or survivor of a veteran filed a disability claim on or after September 25, 1985 and before January 1, 2020 and was denied they  will be entitled to back compensation.  The law also includes presumptive of Herbicide exposure for certain Korean veterans, benefits for children of certain Thailand service veterans born with spina bifida and other benefits."
 

Also the HR 299 Blue Water Navy Vietnam Veterans Act of 2019 has added this section as well:

 

"SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA. (a) IN GENERAL.—Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 1822. Benefits for children of certain Thailand service veterans born with spina bifida ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veter....etc "

https://vva.org/programs/government-affairs/h-r-299-blue-water-navy-vietnam-veterans-act-signed-into-law/

I see no change in the past regulations re: Thailand/ Korea- but it was important that this also be covered in HR 299.

Berta

I hate to bother you with such a long, summary post. However, trying to wrap my own head around this for my friend, I can't help but think you may be able to help shed some light for us?

My friend recently lost his father. His father was a Vietnam veteran from '69 - '72. He later had a son in 1987, Matt (my friend). Matt was born with spina bifida, he has had to have numerous medical procedures and all of the other terrible things that come with this disability.

The veteran and his wife did try to make a claim for Agent Orange exposure but due to an error in his service dates at that time, the claim was denied. I was also told that the decision letter stated that Matt did not have spina bifida (I am going to be viewing all of the documents saved over the years soon to get a clearer picture as to what happened). As far as I know, attempts to look into the issue have been unfruitful for them after the denial.

Fast forward to a few months ago. The veteran passes away and while doing the paperwork needed for the VA at the mortuary, the mortuary somehow found the CORRECT service dates for the veteran and put them in the form they sent to the VA after his death (I am in the process of requesting the veterans C-file with his surviving spouse to see what is actually in it. I also asked the spouse to see if the mortuary has this document to provide a copy). The spouse also claims to have the corrected DD214 of the deceased veteran.

I am quite sure I am missing a lot of info. However, I am still trying to get all of their documents together in order to try and help them out as they have NO clue where to even begin nor do they have access to any online platforms like Ebenefits or VA.gov. This is the summary of the issue as I have heard it so far from them.

My question is: is this something that could qualify as a CUE claim? If so, what might be the best process or place to begin? If not, will this be something we would need to do a supplemental claim for under the new RAMP since it has already been denied before? ANY insight you may provide would be greatly appreciated! Thank you for reading!

[Foxhound6]

2 hours ago, Berta said:

"The veteran and his wife did try to make a claim for Agent Orange exposure but due to an error in his service dates at that time, the claim was denied. I was also told that the decision letter stated that Matt did not have spina bifida (I am going to be viewing all of the documents saved over the years soon to get a clearer picture as to what happened). As far as I know, attempts to look into the issue have been unfruitful for them after the denial."

Can you get their permission to scan the denial and attach it here, Cover the C file # , name, etc prior to scanning it.

"VA benefits for children with spina bifida

Children who have spina bifida (except spina bifida occulta) and meet the following requirements may be eligible for VA compensation, health care, and vocational training:

• Are biological children of Veterans who served:
  • In Vietnam or Thailand during the period from January 9, 1962 through May 7, 1975, or
  • In or near the Korean demilitarized zone between September 1, 1967 and August 31, 1971 and were exposed to herbicides. Veterans who served in a unit in or near the Korean demilitarized zone anytime between September 1, 1967 and August 31, 1971 are presumed to have been exposed to herbicides
• Were conceived after the date on which the Veteran first entered Vietnam, Thailand, or the Korean demilitarized zone during the qualifying service period

Learn more about benefits for children with birth defects and how to apply.

Research on spina bifida and herbicides

The Health and Medicine Division (formally known as the Institute of Medicine) of the National Academy of Sciences, Engineering, and Medicine concluded in its report, Veterans and Agent Orange: Update 1996 Summary and Research Highlights, that there is limited or suggestive evidence of an association between exposure to herbicides used in Vietnam and spina bifida in children of Vietnam Veterans.

View more research on health effects of Agent Orange."

https://www.publichealth.va.gov/exposures/agentorange/birth-defects/spina-bifida.asp

I have see BVA denials of this type of claim because the medical records revealed the Spinal Bifida was of the "occulta" type and, as far as I know, that regulation has never been changed.

So there are 2 issues here- the VA must be informed of the proper service dates. I assume this error generated a DD 215. The VA will need to have copies of both  and the second thing they will need is medical evidence that your friend has spinal Bifida but not of the occulta type. I assume he has been treated continuously for this by private doctors, who could possibly prepare an IME based n his private records.

The surviving spouse might have a basis for DIC. 

What did the death Cert contribute his death to ( The prime and secondary causes on the death certificate) and was an autopsy done. and if so does she have a copy of it?

Did he have any service connected conditions in his lifetime and did he ever claim a AO presumptive, but was denied in a past VA decision?

The actual denial will reveal if a CUE occurred,but there is not enough info here to determine that.

VA would not be responsible for a DD 214 error.DOD changes that stuff.

 

 

 

 

 

Berta

 

Thank you! I will work on getting the denial and any other important facts posted. However, this could be sometime Monday or Tuesday before I can.

I am quite sure he does not have the occulta type. His form is the open spine, about the size of a fist or grapefruit. I will verify all of what you asked and will provide more documentation/info as I can get it. I dont believe the Veteran ever did an AO presumptive, but I wont know until I can view records. I also am in the process of helping the surviving spouse request the veterans C-File. I feel the C-File could help shed a lot of light on the subject along with the previous denial. I will post here once I have everything compiled. Thanks again for the great start point!

[Berta]

Yes, that sounds like what the VA should service connect-for the son's disability.

You said the Vietnam Vet died recently.

Here is the list of all Agent Orange presumptives:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/related-diseases/

With incountry Vietnam service, if he had any of these disabilities and any of them caused or contributed to his death the Spouse should file for DIC benefits.

Also if there was a claim pending at VA when he died she should file for accrued benefits, as well.

The VA has changed all their traditional filing forms and I can give you a link to the forms she will need, when I get time-that might be next week as well-

This is the form I think most claimants use to get a copy of their C file:

https://www.va.gov/vaforms/va/pdf/VA3288.pdf

This can take months.

I would think the wife might have some  VA documents or info that involved her husband's issues with the VA.

I am a widow of an AO veteran and have probably 200 files at least or maybe much more on my husband's VA issues ,that became mine,as the surviving spouse , when he died. But I had a very unusual case.And I learned when he was alive, to save EVERYTHING from the VA.

If the widow is eligible for accrued and DIC benefits she might fall under the Nehmer Court Order-and get a very favorable EED if those claims succeed.

But it is too soon to know if her claim would be a Nehmer claim.

Either way her claims for DIC and accrued if there is a claim pending, must be filed within  one yer of his death, for her to get the best EED possible.The only exception is if the claim falls under Nehmer.

 

 

 

[Foxhound6]

This is great info, Berta, thank you so much! 

I have browsed around the VA site, looking at many different AO topics on it and so far you have been the one to put it into much better perspective for me. 

Ill get on getting you that info as soon as I can. 

On a side note: With the Veteran having passed away, is it possible/advantageous to try and get the surviving spouse and son access to Ebenefits/VA.gov/Myhealthevet using the Veterans information (I believe I can assist them with that process)? 

Thank you again!

[Foxhound6]

22 hours ago, Berta said:

AO has been the most important issue of my life-long before I had a dog in the fight.Circa 1991.  And it Still is- I am fully prepared to help BWN AO vets and their survivors ,and have helped a few already, although the Secretary has put a stay on their claims. I have asked those who I found at a AL site and also an AARP site,to join us here.

and Yes, any way at all you can get the family access to his records, on line, should be very helpful.

I wonder if he ever mentioned seeing a vet rep to his wife and if so, what vet org and where. If he gave a vet rep ( or VSO) his POA within the last few years they definitely should still have some info on him or be able to get it for his widow. I got my whole former POA file in just a few days long ago.

 

Berta

Keep doing you! It is great to see that there is help for folks like this. Seemingly sometimes feeling overlooked or forgotten can be discouraging. I know they will be eternally grateful for the help!

I will be going over there tomorrow. I will inquire more. However, for some reason, I think I recall a time when he used to get assistance with the DAV or something similar (I've known the family for 20+ years). Perhaps there may be something there as well. Thanks for that thought!

Edited November 24, 2019 by Foxhound6

[Berta]

I think James Cripps' idea was best:

"Berta, I said start a new forum when I should have said start a new topic. Many children of agent orange exposed veterans are born with birth defects. I personally know of many, including my own daughter."

The thread for children of veterans ,who have birth defects or Spina Bifida should not get any new members confused.

This AM before I went to church I saw a lot of the regs Tbird posted for DIC and etc etc under AO which is great- but - all of that info is here in the AO forum and also in the DIC forum, when needed- because MANY of those claims involve the Nehmer Court order. But I think the subforum needs to be for children of Vietnam Veterans ,who claim their disabilities due to their parents exposure  to AO.

I feel the only way VA will recognize children with birth defects , or any other disabilities , as due to AO exposure of their parent, will need to take congressional action.

I asked John Rossie the other day in email- how long has the Blue Water  AO Issue been going on -and he said twelve years.Twelve years to get HR 299. I have no idea how many trips he made to congress over HR 299 -on his time and his own dime.And a handful of other advocates as well.

I think we might even need a separate Blue Water Navy AO forum if those cases will be as voluminous as Sec Wikie estimated.He estimated over 70,000 vets but I have heard up to 130,000 vets or their survivors.

Maybe we won't have many BWN AO newbies at all....VA is for some reason, not passing the word to the media , and TV, on this extraordinary victory. I asked some BWN to join in June or July and only one or two came here.