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My father's claims include new AO presumptives

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  • Content Curator/HadIt.com Elder

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!

 

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  • Content Curator/HadIt.com Elder
5 hours ago, Berta said:

https://www.woodslawyers.com/

They have an impressive background-but I don't think you can hire a lawyer until a claim is formally denied.

If he questions his AO EED in any way ( assuming it will be the date of the claim), then he or you can contact NVLSP and they will review the decision to see if the EED and  retro is proper.

CCK also has great info and are very good vet lawyers"

https://cck-law.com/blog/agent-orange-and-parkinsons-like-symptoms/

They probably have info on bladder cancer and hypothyroidism due to AO , as well.

I talked briefly with CCK and Hill & Ponton. Regarding my potential FTCA I posted on a separate topic, they said they don't do those at all (didn't even ask what it was about). However, regarding my father's case, I have to get him on the phone with them so he can go through the intake process and grant permission for them to talk with me about everything. I do anticipate they will want a denial first, but I do like the idea of bouncing the decision off of them up front or after a decision letter is received (win or lose) just to make sure everything was above board. Will also reach out to Woods, too. Will get a feel for who might be the best option before doing a POA.

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One thing I forgot to tell you that a large law firm is going to pick an choose which claim they will file and which one they will not file, so before you agree to go with a big firm make sure you know what they are going to do remember it’s all about MONEY.    (Woods&Woods (812) 426-7200)

Good Luck 

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  • Content Curator/HadIt.com Elder
10 hours ago, Marine Corp 69/70 said:

One thing I forgot to tell you that a large law firm is going to pick an choose which claim they will file and which one they will not file, so before you agree to go with a big firm make sure you know what they are going to do remember it’s all about MONEY.    (Woods&Woods (812) 426-7200)

Good Luck 

I am aware of that. If there is no retro potential, they will pass. I did get a follow up email from CCK saying they do not handle FTCA's. Anyhow, my father said he didn't want any lawyers involved. I tried to convince him otherwise, but in the end this is his claim.

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