Become a Patron of HadIt.com. If you appreciate what we are doing and can afford a monthly commitment, this is a great way to support us
HadIt.com Veteran to Veteran Fundraiser
Revenues are down, costs are up and I need your help.
Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
To: Subject: NDAA Agent Orange Presumptive Conditions
January 6, 2021
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.
Office of Field Operations- NCC
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.
You might want to listen up and take notes, this line of drugs prescribed by the VA and other providers could literally cost you your life!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!
"NVLSP Seeks Class Action Order Requiring VA to Automatically Redecide Thousands of Benefit Claims Denials for Agent Orange-Related Diseases Filed by Vietnam Veterans Who Served in the Territorial Sea of Vietnam
--- More than $4.6 billion in retroactive compensation has been paid to Vietnam veterans who set foot on land but nothing to Blue Water Vietnam Veterans--
WASHINGTON – In an effort to secure retroactive benefits for thousands of so-called Blue Water Vietnam veterans, on July 10, 2020, the National Veterans Legal Services Program (NVLSP) filed a motion for enforcement of the 29-Year Old Class Action Consent Decree in Nehmer v. United States Veterans Administration in the U.S. District Court for the Northern District of California. The motion was filed with the pro bono assistance of Paul Hastings LLP.
The 1991 Consent Decree applies to a class consisting of hundreds of thousands of Vietnam veterans and their survivors who applied to the VA for service connected disability and death benefits due to exposure to Agent Orange, the toxic herbicide used by the U.S. government during the Vietnam War. That Decree required the VA to pay retroactive benefits to members of the class whenever, during the period from 1991 to 2015, the VA recognized an additional disease is associated with exposure to Agent Orange.
Since 2002, the VA paid under the terms of the Consent Decree more than $4.6 billion in retroactive benefits to Vietnam veterans and their survivors if the veteran set foot on the land mass of Vietnam—but absolutely no benefits to Vietnam veterans who served on ships in the territorial sea of the Republic of Vietnam. The VA’s policy was that these “Blue Water” Vietnam veterans were not covered by the language of the Agent Orange Act of 1991, which provided that veterans who “served in the Republic of Vietnam” during the Vietnam era “shall be presumed to have been exposed during such service” to Agent Orange. But in 2019, in Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit rejected VA’s interpretation of that language and ruled that Congress intended that all Vietnam veterans who served on ships in the territorial sea of Vietnam—within 12 nautical miles of the coast—be entitled to the presumption of exposure.
NVLSP’s enforcement motion seeks injunctive relief requiring the VA to redecide the thousands of prior decisions that denied retroactive benefits under the Nehmer Consent Decree due to the VA policy rejected in Procopio v. Wilkie.
“The VA’s refusal to correct the wrong it has perpetrated since 2002 means that Blue Water Vietnam veterans and their survivors will continue to be deprived of the benefits to which they are entitled under the Consent Decree. Some of these veterans have already waited far too long for their country to do right by them. For many of these veterans and their survivors, the overdue compensation could be life-changing,” said National Veterans Legal Services Program Executive Director Bart Stichman.
This is the fourth time that NVLSP has filed a motion for enforcement to obtain compliance with the 1991 Consent Decree. The District Court granted all three prior enforcement motions. As a result of these successful enforcement actions, NVLSP identified and the VA paid more than 5,100 Vietnam veterans and their survivors an aggregate of over $91 million in retroactive benefits.
The Blue Water Navy Vietnam Veterans Act of 2019 (BWN Act) codified the presumption of herbicide exposure for Blue Water Vietnam veterans. However, the BWN Act does not automatically require the VA to assess if any Blue Water Vietnam veteran or survivor is eligible for retroactive compensation. The BWN Act requirement to pay retroactive compensation is triggered only if a Blue Water Vietnam veteran affirmatively files a claim after January 1, 2020 and the veteran specifically identifies the Agent-Orange related disease that was the subject of the earlier claim.
The BWN Act does not completely correspond to the Nehmer Consent Decree. Some Blue Water Vietnam veterans and their survivors may be eligible for retroactive compensation under the Consent Decree but not eligible under the BWN Act and vice versa. As a result, the House Report on the BWN Act states that “Nothing in [the BWN Act] intends to limit the rights of Nehmer class members who seek relief for benefits under the Nehmer Consent Decree.”
The article goes on to state the history of Nehmer. I certainly hope and pray that NVLSP is again successful in their motion to force compliance from the VA with the Nehmer Court Order.
This is another utter disgrace that Blue Water Navy veterans have to put up with, until VA is forced ,legally, to do the Right thing.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,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
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,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)
broncovet posted an answer to a question,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.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,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!
Joey Ross posted an answer to a question,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,
Picked ByJoey Ross,