My father's claims include new AO presumptives

[Vync]

I have several questions which are at the end of my post, but here is some background information.

I got an email from CCK law firm with a link to this Youtube video. It indicates that the National Defense Authorization Act of 2021 was enacted and includes the three new AO presumptives: Bladder Cancer, Hypothyroidism, and Parkinson's-like symptoms (symptoms similar to Parkinson's without actually having a Parkinson's diagnosis).

 

My father served in Vietnam boots on the ground, non-combat, for one year and had a number of ailments arise over time both during and after service. He did file for one musculoskeletal disability in the early 1990s and won 10% SC, but nothing else. Whenever I asked him to consider filing new claims, he simply did not want to deal with it. I didn't question him, but brought the idea up periodically. Now, after many discussions, my father recently finally agreed to allow me to help him file new VA claims. 

Here are the issues, some are AO-related:

• Mental health, memory problems, antisocial behavior, and triggers related to hearing helicopters. This is in part related to AO/Vietnam, but also due to a head injury later in service.
• Head injury residuals due to a head injury later in service.
• Sleep impairment and daytime tiredness due to a head injury later in service and hypothyroidism.
• Digestive issues including heartburn, dysphagia, voiding dysfunction, and alternating constipation and diarrhea in part related to AO/Vietnam, but also in-service diagnosis of food poisoning, frequent gastroenteritis including hospitalization after drinking contaminated water
• Residuals of insect bites including Lyme disease due to numerous in-service treatments for chiggers and tick bites, including one describing circular formations.
• Nocturia, frequent nighttime urination (3+/night)
• Hypothyroidism due to to AO/Vietnam; He was repeatedly diagnosed with this years ago.
• Parkinson's like symptoms to AO/Vietnam including apathy, cognitive changes, early stage dementia, depression, fatigue, occasional hallucinations, problems swallowing, etc...

Fortunately, he had not developed cancer.

My mother and I are working to write buddy letters to support each of the claims. She has letters, photographs, and even videos to help reinforce this.

 

Question: My father retired from the Army and has a 10% rating. If he happens to get 50% or more, would that mean he would get paid from both Army retirement and VA disability?

Question: Any recommendations or tips?

Question: Would he qualify under Nehmer?

Question: Under Nehmer, because he has never filed for any of these conditions, is there any chance for a backdated EED?

 

Thanks!

 

[Berta]

"Question: My father retired from the Army and has a 10% rating. If he happens to get 50% or more, would that mean he would get paid from both Army retirement and VA disability?"

Yes , under CRDP or CRSC. I posted links to these program here many times and also recently for 

a member:

https://community.hadit.com/topic/72994-va-asking-questions-on-injury-background-warranted/page/4/#comment-502347

 

Question: Any recommendations or tips?

I would raise the Agent Orange issues first, and be specific as the the other issues....meaning using the actual diagnosis ( some might be secondary to others he claims)for the non VA issues.

 

Question: Would he qualify under Nehmer?

He would fall under the Nehmer Classification but:

Question: Under Nehmer, because he has never filed for any of these conditions, is there any chance for a backdated EED?

I believe his EED would be th date of the claim because he does not appear to fall under Footnote One, Nehmer.

Footnote One provides an EED in cases where a past AO was denied, but was coded as NSC with a NSC rating.

If there is an AO condition that "should have been coded", and VA never coded it , on any past rating sheet, that would be a chance for a favorable EED.

 

[Berta]

Under the "should have been coded" theory- I only found one case like that at the BVA, from current to 1992 decisions.

and I am the only other "should have been coded" claimant I know of.

Footnote one is explained in our AO forum in the email from Rick Spataro, my Nehmer contact, regarding the Nehmer Court Order.

I bet there are more widows than me, and other Nehmer vets with AOs that were in a 'should have been coded' criteria.

I received a very favorable EED on my dead husband;s AO IHD.

They didnt code it because it was malpracticed on. Neither he nor I knew he even had heart disease.

But VA knew and failed to diagnose and treat it properly.

 

 

[Buck52]

Vync   your Dad should Hire an experienced Attorney   CCK LAW IS great.. and ask this go back to the date of his Vietnam service....he stands to get a VERY  LARGE RETRO. 

  Your father should file on everyone of these claims,,,he was boots on the ground Vietnam  and if he comes down with any Presumption disease thats on the List then he is eligible to file on them due to the A.O....He may need an IMO and let the Dr. read some of his medical records  Vietnam Medical records if he has them..but thay may not be necessary, DD214 Will Prove Boots on the ground (in-country),   he needs a Qualified Dr to state he as examined your father and make his diagnose  as to the conditions he has(all of them if he can)  and the Dr needs to give his medical opinion on the A.O. that your father was exposed to while in Vietnam Many many years ago   is likely as not related or caused by this A.O. Chemical

The only hard part would be to determine a EED?  IT MAYBE WHEN HE FIRST FILES  BUT HIS EED CAN GO BACK TO HIS MILITARY SERVICE IN Vietnam  the dates he was there.  ( Reason to hire the experienced Attorney) 

Note  some areas of Vietnam was sprayed more heavy than others  the vegetation growth areas (jungles ) was sprayed more heavy   but it should not matter  due to the A.O. list covers all Vietnam Veterans that were ''Boots On The Ground in The RVN.

Edited January 21, 2021 by Buck52

[Buck52]

Note**

If I was your Dad I would file on everything he thinks could be related to the A.O.  There is no limit on the number of A.O. Claims we can file  although he may not have had these conditions when he got Out,  it can take years and years for this A.O. chemical to take effect on us  there is no limit on that.

The  patchy weps of circles your Dad has  sounds like to me the tick lyme disease  and its covered on the A.. List

I have 3 of them on my lower back but the VA Docs are reluctant to give me a diagnose of what it truly is  they are calling it an eczema skin condition  (not on the A/O. LIST.) THEY DID 2 BIOPSY 6 years ago on me and still can't make a diagnose of what it truly is.

Check the A.O. List  of presumption diseases  and critera   a Qualified Dr will need to give his/er medical Impression as to rather or not the condition is likely as not caused or related to A.O. he has now...ect,,,ect,,,

[GBArmy]

Vync Good advise from all. I would not hesitate. Depending on what disabilities your father submitted and was denied for back when, there are several disabilities that you have listed that could be considered presumptive. There is potential for a very big load of cash on this. Get a good law firm; CC&K and Woods and Woods are two of many great firms, but get a good one. The VA will have their "A" Team on this because of the potential early EED potential. 

[Vync]

I appreciate the information and advice from everyone!

I know a lot has changed since I last filed a VA claim, but is it possible to still do the process to preserve effective dates? If we get something in the hopper before the end of the month, his effective date might be Feb 1 2021. Then we can pursue a good law firm to get their perspective.