Blue water navy

[Daddy2019]

My father died service connected 4 years ago. He was aboard a carrier and on land. Do I file a new claim for VA disability? My mother receives DIC now. since he's deceased would there be a claim? Thank you 

[GBArmy]

Hello Daddy2019 I am sorry for your loss. I am also sorry to have to tell you that the VA will not honor a disability request from your Mom on his behalf. The only possible  way is if he had filed a request for an Agent Orange presumptive condition previously, and then was denied. Even then, I'm not completely sure she could do it. The Blue Water veterans situation is a special situation. Normally, the rules are if there is an open claim and the veteran passes, the spose can submit paperwork to continue the claim, but there are restrictions on the benefits receive which are mostly back-pay,. The spouse wouldn't receive disability payments on his disability going forward. Call the info line, "Peggy", at 1-800-827-1000 and ask them if you can find out if a previous claim was submitted? Otherwise, you have to get a VSO to check for you. All this assumes that what he had submitted was enough info to get the claim approved now. That in itself is a big "if". Sorry.

[Berta]

As you said, your father was “on land”  , and if you mean he was incountry Vietnam during the war,  there is no need to consider the Blue Water Navy situation.

If the “land” was elsewhere, there are many places that AO has been confirmed as causing disability in veterans.

Tbird just  posted a link to that info .

You need to read the info in our Agent Orange  Forum and we need more info from you to help.

I  am a  AO widow. As  GBArmy said, there are specific conditions for veterans, and their survivors.

All of that info is in our AO forum.

Most of us were granted retro AO under the 2010 Nehmer decision, because of “Footnote One”.

I had already received DIC under 1151, wrongful death , then under direct SC ( AO DMII death ), and then under AO IHD death , although my DIC went unchanged, I received a large retroactive payment because my husband’s AO IHD “should have been coded” in a past VA decision.(Footnote One Nehmer)

My point is that you mother might well have a basis for a claim, as an accrued benefit.

But we need more info:

 

What was your mother’s DIC granted on?

Was it for a presumptive AO condition that caused or contributed to death?

Or under the 10 year 100% rule for a non – AO disability?

If it was DIC but not for an AO presumptive, what  is  the AO presumptive you feel a claim can be based on?

If your mother had a VSO or vet rep as POA on that award, they might still have a copy of any of his past denials.

Also she can request a copy of the husband’s C file with VA form 3288- it is searchable here.

I had already received DIC under 1151, 1994,wrongful death , then under direct SC ( AO DMII death  2010), and then under direct SC , AO IHD death ,2012 and although my DIC payment  went unchanged, I received a large retroactive payment because my husband’s AO IHD “should have been coded” in a past VA decision.(Footnote One Nehmer)

There is a difference between a AO disability that 'should have been coded" and a AO disability that was coded on a past rating sheet (which is the most prevalent situation I saw, under the 2010  Nehmer claims here-all explained in our AO forum under Footnote One.

My  point is , my husband already had two 100% P & T awards, granted posthumously, as well as the DMII situation that awarded direct SC death, and none  of  that was  an issue for my AO IHD death claim.

It involved 6 years of retroactive AO IHD payment.

 

 

[Buck52]

Ms berta

what happens if the Veterans have filed their A.O. Claims and was denied  and in Appeal to the the new conditions that have been passed? how do the VA go by the EED?   The date the new conditions were passed  or  the date the veteran firsts filed?

  this could be a huge benefit for the veterans that had filed and was denied  but I am not sure when the EED WILL BE IN EFFECT? date they first filed  or the date the new conditions was passed?

[Berta]

No new conditions have been added since the 2010 Nehmer regs came out.

The answer to your question is here:

https://www.law.cornell.edu/cfr/text/38/3.816

and in many discussions regarding Nehmer 2010 and Footnote One- in our Agent Orange Forum.

Per my NVLSP contact attorney, the regulations for Blue Waters will be basically the same as Nehmer 2010,38 CFR 3.816 as Blue Water Navy vets , within the 12 mile limit , per their deck logs and dates of those logs, and with AO presumptives are now deserving the same equity as incountry Vietnam veterans.

[Daddy2019]

Thank you All yes these all are va claim that were filed and she receives DIC for now. Thank you 

[Buck52]

For some reason or another I thought they added more conditions to the A.O. List?

  they basically approved the BWN Veterans that were in country (Vietnam) or 12 miles out on their ship. and travel inland within the 12 N' miles .