Defense Bill will add 3 new AO presumptives

[Berta]

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

[Lemuel]

I called 800 827 1000 after I posted about va.gov dropping my appeal.  It has been docketed but I neglected to get the docket number.

[Berta]

You said:

" 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 hope you reported them to the OGC or that you appealed their fee.

Once of the last vets I helped one to one- I dont do that anymore- got a 8,000 fee held by the RO for his socalled attorneys.

I sent the VARO a statement  as to how they did not even read his BVA decision, and how I had helped him finally get the award.

At that point in time ( this might have changed-I dont know) Attorneys had to satisfy a five point criteria regarding any fee from SC retro.

I stated exactly how they did NOT satify the criteria at all.

The veterans had started to bully me to pressure the VA , as soon as I got his BVA decision ,and I sent him a copy of the letter I sent to the VARO. I had no doubt that if the VA did pay that 8,000 to them ,he would be calling me and relentlessly relentlessly again.

But he never did so I assume the RO sent him the 8,000 they were withholding, as the lawyer fee.

Any vet or their survivor who can prove that an attorney who repped them, does not deserve a legal fee, from any retro they are awarded, should take action ASAP.

 

 

Edited June 4, 2021 by Berta
had to add 2 words

[Lemuel]

I am attaching the 10182 that is being docketed plus an amendment.

I am going to argue as above and that "back pay" is required to be in current dollars under the Fifth Amendment, taking property without just compensation and the 4.42 claims are of a debt required to be paid under the Fourteenth Amendment, Section 4, guaranteeing debts to veterans.

Economically speaking, the current method of paying back pay at the rate of the year missed takes good and services out of our shopping baskets.  My claim is large.  In my TDIU award back to 1985 it would add up to over $200,000.00 and represents the difference between buying a $250,000 home in Los Angeles area in 1987 if the award had been made then instead of in 2020.20210426 Lem to BVA re 10182.pdf

20210131 VA 10182 legacy appeal_Redacted.pdf

[RLouis]

Berta, Thank you for all of your help.  It appears that my status for the appeal that the VA submitted for me is in the evidence gathering/decision phase.  God only knows how long that will take.  I am not sure but it appears that all of the issues are related to agent orange and Isscimic hear deisease, CAD or partkinsons.  I am an in country vietnam veteran.

[Berta]

I certainly hope your claims go well- you are welcome!

One thing about the 3 presumptives in the 2020 post I made-

they were part of the Defense Bill but NOT part of a Nehmer Court Order-

and they should be.

I posted an update on that here today in the AO forum.

Many of us here were in the Nehmer Class Action, and I was as a widow of an AO veteran.

Nehmer made it possible for the VA to go back to any possible past denials they had of what became a presumptive , enhancing the retroactive money due to us.***

Nehmer is not being applied to these newer presumptive claims, but I expect that to change.

*** this is explained under my posts regarding Footnote One - Nehmer.

How are the veterans who fall under the 3 new presumptives of 2020 any different than any other AO exposed Vietnam Veterans? It isn't fair- but I expect that to change because

the VA tried t pull that BS on Blue Water Navy AO veterans, and they sure lost that battle

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-triumphs-court-orders-va-to-redecide-thousands-of-claims-for-blue-wat