VN Service not on my DD 214....advised by VSO and NPRC "DO NOT FILE" until you get Buddy Letter or else up to 10 year wait in VA claim pile

[Gordon Mathieson]

BACK STORY:

 

RE: My TDY service Danang 1964-65   AIr Force Military Intelligence  MOS 20351

Requested "defoliant" be sprayed  around us, after a VC  attack on our compound, that was forunately cut off by Spec. Forces

In 2012, diagnosed with prostate cancer (presumptive with AO).  While deferring medical procedure decisions, I talked with others who had been in my unit, some before, some after, but none had boots on the ground at the same time as me.  For years I did relentless research for a person who served at same time as me.  I found nobody who could help me.

In Jan. 2019 in older files from NPRC, I discovered an official AF Performance Report file at my permanent station in Taiwan referred to the TDY work I did in Danang with pertinent info. Even though my service was never on my DD 214,  I decided to file with "no guarantee" from my VSO, "but worth a try" after 7 years of endless searching for proof of Vietnam service.

Since early 2019, status of my  fully completed claim,  became stuck in JSRRC. I contacted JSRRC and with each response, I  was told "next quarter" my claim should be completed. The ball was in their court, trying to gather some evidence. 

After 8 years, browsing one of the Veteran websites,   I finally located another airman, a Danang AB barracks mate who worked in my unit but on different shifts. He too, was an AO victim. I immediately sent  in his testimonial "Buddy Letter". 

 JSRRC confirmed receipt and informed me my claim was in process with "suspense" date of July 21, 2020, however they were sill waiting a request (Not from me) but somewhere else.  

My disability claim is suffering residual effects of Prostate Cancer Radiation Therapy and seed implantation.  Radiation damage to my bladder cause IU.  alos suffer from  Type 2 Diabetes, associated Peripheral Neuropathy and loss of income having to leave my high school teaching..   (All documentation has been submitted without any questions)

I'm still waiting for the next status on my claimL

But want to know, if I might be considered for backpay from my original date of diagnosis in 2012 and procedure in 2014 rather than my claim file date of Jan. 2019?  I had no control on what was recorded on my DD 214,  and had no choice on filing in 2012 (dx) or 2014 (brachytherapy) based on the VSO and NPRC advice and admonition. Thanks.

[GBArmy]

Gordon You only get paid back pay based on when  you file basically. The fact that you contracted cancer in 2012 doesn't open a claim for you. If you first filed for disability in 2019, that is the earliest. Since it is ongoing with a duty to assist going on, it should still be the effective date. Your Buddy letter is good evidence. If your TDY record has your name on it and you were assigned to DaNang, I think that is enough to est. presumption of boots on the ground. If you have any photos, that would help also (maybe.) Prostrate, etc. are presumptive. Show evidence of diagnosis. You need eval for current symptoms/conditions, which the VA can determine at C&P, or you can obtain from your own doctors. I would submit an IRIS request to determine what evidence is still required in a duty to assist, or does the evidence you provided enough to move it. You may not get a satisfactory response, but it might nudge it out of its black hole that it currently stuck in.

[Berta]

"In Jan. 2019 in older files from NPRC, I discovered an official AF Performance Report file at my permanent station in Taiwan referred to the TDY work I did in Danang with pertinent info. Even though my service was never on my DD 214,  I decided to file with "no guarantee" from my VSO, "but worth a try" after 7 years of endless searching for proof of Vietnam service."

That is good evidence to prove you were in Vietnam.

I suggest you file for a DD 215:

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf

The National Archives site is just getting back to normal due to Covid and I have no idea how long the 149 will take to be processed, but you should have a proper DD 215.

 

Refer them to and enclose a copy of the AF Performance Report and tell them you are seeking to have your Vietnam service properly accounted for, as well as any decorations or medals that are missing from your DD 214.

I am glad you requested your military personnel file that revealed that report. Many times a vet will only request their SMRs when they really need their 201 file as well ( inservice personnel record)

As NPRC site states, this form is due to be upgraded but they will accept it, as the form has not changed yet.

 

 

[broncovet]

Your effective date is the later of "date of claim" or facts found, with some exceptions.  Read these and see if you qualify for any of the exceptions to this general effective date rule.  For example, if you applied within a year of exit from service, you get the day after exit from service.  Another example is with an informal claim for increase before 2015.  

https://www.law.cornell.edu/uscode/text/38/5110

I dont know if you qualify for an earlier effective date or not, you would need to read these as you know your history much better than I do.  

[broncovet]

I disagree with your VSO "whole heartedly" who told you "not to file" until you get xy.   You are throwing away retro money, in the future, by waiting to file.  If you have money to burn, wait.  If you are like the rest of us, file now.  If your application is received before Sept. 1 its an extra month retro.   Remember, your effective date is generally limited with the date you file as GB Army explained.  But, there are exceptions.  A notable exception is Nehmer Class Vets.  Since you have VN service, you may  qualify as a Nehmer Vet.  

READ the last sentence in this NVLSP Nehmer Vet link:  If you think you deserve an EED under Nehmer, contact NVLSP.  

Attorney fees in Nehmer are paid for, as I understand it, by the VA in the agreement mentioned.  But, be sure and ask NVLSP about this on your case.  

https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit#:~:text=Agent Orange Lawsuit-,Nehmer v.,VA regulation%2C former 38 C.F.R.

[Berta]

I agree with GBA Army that the date of the claim will determine the EED.

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

My husband  was at Danang 1965-66-USMC  Ist MARDIV, 1st Amphibious Tractor Battalion,Ops Starlight and Rolling Thunder,  and died of 2 Agent Orange disabilities contributing to his death.

The Hatfield report done many years ago ( searchable here) revealed the amount of dioxin in the soil at Danang was much higher then expected, decades after the War.

Broncovet is right- the VSO should have filed the claim.

 

 

[broncovet]

It is "possible" to get an effective date PRIOR to the date of claim, especially if you meet one or more of the exceptions in 38 USC 5110.  Example:

You exit from service on May 1, 2003.  You apply for benefits in Jan. 2004.  If you win benefits you could be awarded benefits as early as May 2, 2003 "even tho" you did not apply until January, 2004.  

See 38 USC 5110, as follows:

Quote

(b)

(1)

The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.