Defense Bill will add 3 new AO presumptives

[Berta]

Defense Bill Would Add 3 New Diseases to Agent Orange Presumptive Conditions List | Military.com

[RLouis]

I was just recently up to 100% for various reasons.  I just recently received a letter from the VA saying that my case is now being review under a recent court case based on the Nehmer court case.  Today when I looked up the status on the VA website I received noticed the following comments: 

Claim type

Compensation

What you’ve claimed

• CORONARY ARTERY DISEASE
• STATUS POST MYOCARDIAL INFARCTION (Reopen)
• HEART CONDITION (ISCHEMIC HEART DISEASE) (Reopen)
• PARKINSON'S DISEASE (Reopen)

Date received

April 26, 2021

Your representative for VA claims

DISABLED AMERICAN VETERANS

First it was the VA that opened this case based on a recent court decision and not me.  I am also concerned that VA will reduce my percent I a was upped to 100 effective March of this year.  My question is should I remove DAV from my claim since they have not communicated with me in the last few years?

Need help?

[Berta]

Do you mean these disabilities, under the Nehmer Court Order, got you up to 100% or are they claimed and re opened - in addition to the 100%?

They could st the stage for SMC ( additional $$$ to the 100% you get)

Are you a Blue Water Navy veteran?

If so did VA deny you in the past for any or all of the re opened claims?

VA is reviewing Blue Water Navy vets claims, if they served on a ship within the 12 mile limit off coast of Vietnam,durin the Vietnam War , for vets who had been denied in the past for what are  now AO presumptives under Nehmer.

Lots on Nehmer in our AO forum and also the essence of Nehmer is Footnote One, searchable.

[Berta]

Forgot to add, Parkinsons came on the presumptive list after IHD did, so I assume you are an incountry Vietnam veteran, and not a Blue Water Navy veteran.

In any event, you have AO presumptives and the VA is doing a review of them to make sure they give you the proper EED. (Earliest Effective date).

NVLSP will review their decision , via contact from you with a copy of the decision, to make sure the VA has given you proper EEDS and retro amount.

NVLSP won Nehmer. Their review is free.

I am an AO widow and have contact info for them when you need it.

It should also be here as well in the AO forum.

This is good news but with the 100% now ( I assume not for any of those disabilities they reopened ???) it should put you into a SMC S rating. I hope!

If I were you I would not worry about a reduction, and you probably will get the best info you need here at hadit but maybe you should keep the POA you have.

 

 

[Lemuel]

I expect to be notified on the bladder cancer addition. 

May be the reason that they dropped my BVA appeal off of the va.gov website.  I called and verified my 10182 of 01/31/2021 was docketed.  It was on the incomplete examinations that were remanded with specific examination requirements that the DRO ignored, limiting the examinations to the same as the ones that had been held by the BVA judge as inadequate.

Has anyone else had appeals or claims that were open dropped from the va.gov website?

 

[Berta]

I dont know about any dropped appeals Lemeul. but Yes, the VA should be reviewing any past denial you got for bladder cancer.

"Three new conditions were recently added to the list of presumptive conditions for which the Department of Veterans Affairs grants service connection to Vietnam War veterans affected by exposure to the chemical herbicide Agent Orange.  This means that tens of thousands of veterans will now be eligible for VA disability benefits if their Agent Orange exposure resulted in bladder cancer, hypothyroidism, or Parkinson’s Disease-like symptoms."

 

https://cck-law.com/blog/new-agent-orange-presumptive-conditions-2021/    

 

(Note- Parkinsons was already on the AO presumptive list but this involves Parkinsonian symptoms that are not diagnosed as full blown Parkinson.)

 

[Lemuel]

I have not received a denial of bladder cancer yet.  Began treatment in November of 2020 and filed in December when I found out my 11 year treatment with Ranitidine by the VA was carcinogenic.   Signed on to an attorney suing the company and the VA and filed my claim in December.

The thing I am primarily concerned about is that I found an I-9 response, (not specifically labeled as such) that was claimed to not exist in an appeal denying a BVA hearing dated 11/26/1994 to an SOC dated 5/26/1994 and further denied to exist by the Director, VARO Denver on 7/20/1998 in a letter responding to the VAOIG.

The letter includes a request for an "administrative hearing" (should have gone to the Director, Compensation Services) including an extra-schedular rating request for myself and as a next of friend claim for other veterans with organic brain syndromes from TBI and other service connected conditions such as cerebral malaria.

This claim was 16 years earlier (1992) than the 2008 TBI date set by Congress.  (Developed during a suicide ideation hospitalization from 8/11/1991 to 1/15/1992)

I invite any veteran with a TBI or other organic brain condition that caused a reduction of employability (and/or ability to process a claim for an organic brain condition in the face of the VA obstruction at the time) to join me in my appeal.  Will get the Docket Number for the BVA hearing on Monday.  Have to call in to get it, but I know the appeal has been docketed.

We should not get an attorney before the BVA makes a decision.  If we need to appeal to the CAVC we will then seek attorney help.  I have had two scam attorneys who took quick hits for big bucks from my awards at the BVA level and both appeals were slam dunks that required little time and resulted in over $110,000 being deducted from my awards.

I am 80 and have been fighting this since 1987.  Lot of whistle blower retaliation indicated in my over 10,000 page compensation and pension file.

Maybe you could move this under its own heading with the question for Veterans with organic brain syndromes about joining.

19940526 SOC 1992 appeal_Redacted.pdf 19941126 Lem to BVA re evidence copy Cheye_Redacted.pdf 19980720 VARO Den response to OIG_Redacted.pdf