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!

 

[GBArmy]

Berta is the resident expert on Nehmer and she has commented on it. I would suggest that you consider the lottery saying "you can't win if you don't play." You have to win your claims first, then, appeal most likely on the EED if you need to. I also suggest that you order your c-file; going to take a long time to get but there very well can be some great info in there from years past. Get going my friend.

[Berta]

Every in-country Vietnam Veteran was exposed to AO They dont have to prove their exposure.

Buck stated:

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.

Can you explain how a Vietnam vet could possibly get an EED back to his/her dates in Vietnam?

I guess if they filed within one year after service they could certainly get compensation  for an inservice documented disability, back to their date of discharge. This goes for any vet, regardless of when and where they served.

But as far as I know, the 2 original  AO presumptives , Chloracne and PN, were not even AO disabilities until around 1991.

 

 

 

 

 

[Buck52]

GB Army and Ms Berta has some great info  for your Father.  check the Nehmer footnotes Ms Berta has on hadit.

As FOR A  GETTING HIS C-File  as GB MENTION you guys comb through it and look to see if they were any mention of the codes OR non-codes Ms berta mention .

They maybe something in his exit exam from the military , these will be on most rating sheets but some time these rating sheets will not be in the C-FILE, but old medical reports/medical notes will  while in Vietnam  or closely after  look at the dates he was medically treated for any condition.  look closely for any diagnoses  he may have had back then...ect,,,ect,, they maybe of some help  the attorneys will know.

[Buck52]

46 minutes ago, Berta said:

Every in-country Vietnam Veteran was exposed to AO They dont have to prove their exposure.

Buck stated:

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.

Can you explain how a Vietnam vet could possibly get an EED back to his/her dates in Vietnam?

I guess if they filed within one year after service they could certainly get compensation  for an inservice documented disability, back to their date of discharge. This goes for any vet, regardless of when and where they served.

But as far as I know, the 2 original  AO presumptives , Chloracne and PN, were not even AO disabilities until around 1991.

 

 

 

 

 

I stand corrected   Ms Berta.  you are spot on here on the EED.

https://www.law.cornell.edu/cfr/text/38/3.816

 

[Vync]

@Buck52 and @Berta just to make sure I understand the Nehmer stuff, is it correct that he would not receive retro back to when he got out of service or while in Vietnam?

 

Prior to retirement, his self-reported medical history included some key boxes that were checked YES: coughed up blood, bled excessively after injury or tooth extraction, dizziness or fainting spells, head injury, shortness of breath, pain or pressure in chest, palpitation or pounding of heart, heart trouble, cramps in your legs, stomach/liver/intestine trouble, frequent trouble sleeping, and periods of unconsciousness.

Of course, the examiner who performed the exit exam marked everything as normal.

He filed claims for a knee injury and heart palpitations and the results are shown below:

Back then they were a bit fast and loose with how they phrase things. Am I correct to assume that he is SC for both, as in 0% SC for heart? I assume this might be the situation because it is under the heading of "1. SC".

[Berta]

 Am I correct to assume that he is SC for both, as in 0% SC for heart? I assume this might be the situation because it is under the heading of "1. SC"."

I assume that too.

If he is diagnosed with Ischemic heart disease that would be an AO disability that he could  claim.

But arrhythmia is not the same as ischemic heart disease, maybe it could be a precurser to it , but I dont know.,