Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    111%
    $1,668.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021

Question

By statute the HR 6395 NDAA for Fiscal year 2021 Sec. 9109 (I)Parkinsonism (J)Bladder Cancer (K)Hypothyroidism will added to the presumptive List. My question iis if filled previously and denied. Under Nehmer Footnote one will it be automatically awarded ?.

Link to post
Share on other sites
  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Good question.  "Counting on VA" to always do what is right is often at odds with maximizing your benefits.   My advice:  Dont count on VA.  Pick all or some of these things: 1.  Contact NVL

NVLSP This should be "at no cost to you" provided that, you meet their criteria for representation.   Generally their criteria is not all that "tough", you need to have a dd214 (which proves your

Recommended Posts

  • 0
  • HadIt.com Elder

NVLSP ,upon receipt of your decision -(they will need the actual VARO decision for any new AO presumptive claims) will  assess the decision to see if the retro is correct.

This was the way they handled many of us here when they added IHD,Parkinsons, and Hairy Cell B to the presumptives in 2010.

The email I used at that time was agentorange@nvlsp.org.

When they got my decision a few years later, (I filed as soon as the formal new regulations were published but my claim was lost by VA twice) ),as soon as I received it, I sent it to them and they contacted me and assessed the retro. They also needed a past rating decision I received...because I was a Footnote One claimant.

I also had to send them proof of the "should have been coded" criteria in Nehmer.

I have explained this in our AO forum- a AO disability that was never coded on a rating sheet the past that "should have been coded" to give the claimant the best possible EED.

The EED for my AO IHD death claim was 1988 up to the date of my husband's death.

 

I assume Footnote One will be applied to the new regulations, as it is the essence of Nehmer, but that is just my assumption.The new court order will be published and I or someone here will post it here.

The AO IHD retro in my case,was correct. Two other awards ( under CUE and 1151 in the same decision were granted but one award is still wrong.It has nothing to do with Nehmer and AO however.)

If they handle this differently due to the new presumptives, I will let everyone know.

Also my last AO NVLSP contact lawyer under Nehmer , now works on the VBM and if many here have legal questions with the new regulations, that I cannot answer,  I will contact NVLSP to get their advice, as I did in the past.I have been involved with Nehmer since 1991, as an advocate.

Your VSO should definitely know all about Nehmer .

Also I have not time to read the new VBM as to the new presumptives.But I don;t expect to find much there as this news came out after their publication date,I believe.

 

 

 

 

 

 

 

Link to post
Share on other sites
  • 0
  • HadIt.com Elder

To add, I re -read your initial post-

there is nothing "automatic" under Footnote One.

It all depends on past VA decisions.

This recent BVA case reveals what I mean:

https://www.va.gov/vetapp20/files5/20030953.txt

 

 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By brokensoldier244th
      To: Subject: NDAA Agent Orange Presumptive Conditions
       
      January 6, 2021
       
      Directors (00):
       
      Please distribute to National Call Centers and Public Contact Teams.
       
      The National Defense Authorization Act for Fiscal Year 2021 (NDAA) (H.R.6395) added three (3) more conditions to the Agent Orange presumptive-conditions list wherein Veterans who were exposed to Agent Orange may qualify for benefits:
      bladder cancer, hypothyroidism, and Parkinsonism, or Parkinson-like symptoms.  
      Veterans and survivors are encouraged to submit claims.
       
      Thank you.
       
      Office of Field Operations- NCC
    • By Carlos C. Parscal
      I have a appeal for hypothyrodism. It was passed into law Jan 1, 2021. with bladder cancer and Parkinsons symptoms. When is is added to the list what happens to my appeal?
      You are rated 30 percent for six months. My appeal would of been a 100 per cent rating.
      thanks
    • By Berta
      There are ten pages of discussion here on Footnote One-iti hard to find the info yu might need so I posted it here:
      This recent topic here  has the main explanation of this part of Nehmer, from email I received from Rick Spataro NVLSP.
      I will post email addy another lawyer there re: AO claims, when we get a decision that needs their input on the EED.
      Rick now works on the VBM.
       
       
      https://community.hadit.com/topic/82878-ao-hypertension-award/page/2/
       
    • By jamescripps2
      I have service connected Chloracne, Diabetes II, and heart disease. In Dec, 2019 I was prescribed by the VA to take 25 mg per day of the relatively new drug Jardiance.  My cardiologist said that it would help with my Diabetes as well as the heart disease. I then started complaining of huge boils coming up in my right and then left inner groin. After many dermatology and emergency room visits, no diagnosis or treatment, other than a look see and another bottle of antibiotics.antibiotics.
      On July 1, 2020, things got a lot worse, so another trip to the ER and another bottle of ills. The pain was so great that I took some very strong opioids and slept away a day and a half. On July 3rd I once again returned to the ER. I have no memory of opening the ER door or seeing anyone. I woke up weeks later in the VA SCIU with  really bad pain. I didn't know why I was there or what had happened to me. I deduced that I must have been involved in a really awful car crash, perhaps someone was killed! Was it my wife, or maybe my grandchildren! With the covid 19 restrictions in place, no visitors. I asked everyone attending me but I got no answers.
      Some time weeks later my cardiologist appeared at my bedside and told me that I had to have emergency surgery for Fournier's Gangrene, a flesh eating bacteria that was caused by a perfect storm, created by the Cloracne, the Diabetes, and the medication, Jordiance. I had lost my private parts, including from three inches above my navel in the front to include my anus in the back. I have huge skin graft sites in my upper legs. the grafts were used to reconstruct from my buttocks to my navel and everything in between. I was given a 4.74% chance to survive the operation. At this time ,I am close to two months out, where I was given a 17.11 % chance of survival of 180 days. 
      There were only 19 cases of Fourniers Gangrene in 35 years, that is until they started prescribing Jardiance, now the FDA has identified 55 new cases.
      The drug goes by several names such as Jordiance, Emphgliflozin, Canagliflozin, and Dapagliflozin, Dapagliflozin is better better known as Farxiga.
      For a more complete story on my experience with the drug listen to the September 17th podcast in Exposed Vets. There will probably be a follow up broadcast later on this year, If I can survive the 180 day period, which is up December 3rd. And yes, I am making plans for the future.
      All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed.
      Merry Christmas, and Happy new year!
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 41 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines