Pressure on new VA Secretary to add HBP to AO presumptives

[Berta]

John Plahovinsak: Disabled war veterans waiting for long overdue action | The Clermont Sun

In part:

 

"During McDonough’s Senate Confirmation Hearing and first news briefing, he said he felt the urgency to act on the hypertension issue. He pledged to look at the scientific evidence, rather than the cost. “Inevitably people focus first on the cost. I want to focus first on the facts and the data and what we know,” stated the new VA Secretary."

[Berta]

Update-

Many vey org to include NVLSP are pushing for HBP to become a presumptive.

I just got email from John ( above) regarding this - and also here i Bart Stickman's ( NVLSP)

statement on this issue:

In part:

"But VA has not paid retroactive compensation to Vietnam veterans suffering from or
surviving family members of Vietnam veterans who died from one of the three disease added
by last year’s NDAA. This means that these veterans and survivors are being disadvantaged to a
dramatic degree compared to the hundreds of thousands of Vietnam veterans and survivors to
whom VA has paid an aggregate of billions of dollars in retroactive disability and death benefits
based on claims for the numerous other diseases associated with exposure to Agent Orange
that are listed above.
This disparate treatment is unjust. NVLSP urges Congress to enact legislation requiring
VA to take all of the steps it has taken in the past pursuant to the Nehmer consent decree for
the three new disease covered by last year’s NDAA. In addition, Congress should pass S. 810,
which would grant hypertension and one other disease presumptive service-connected status
due to its association with exposure to Agent Orange, and similarly require VA to take all of the
steps it has taken in the past pursuant to the Nehmer consent decree for the two additional 810 diseases."

https://www.nvlsp.org/images/uploads/4-28-2021_NVLSP_Statement_for_the_Senate_Committee_on_VeteransAffairs_Hearing_on_Pending_Legislation.pdf

I dont know yet what the other potential presumptive is yet.

These things take so much time- my bill S 221 is still in committee, but did pass the Senate Unanimously!

We have good info here on aAO HBP, a link to the NAS report on AO and HBP and also Jbeaasser's great point on this-

if you were incountry Vietnam, your AO exposure was conceded by VA long ago- and Jbasser's point is that if the VA has diagnosed you with HBP (HTN) and deemed it as "Essential", meaning no known medical cause- you now have a cause- Agent Orang exposure.

If not deemed as essential , you probably have an NSC rating for the HBP so you should still file a claim.

 

 

 

 

[Berta]

Here is the Bill S810-

https://www.govtrack.us/congress/bills/117/s810/text/is

This seems to be the other disease they want presumptive to AO in addition to hypertension.

"Monoclonal gammopathy of undetermined significance."

(source text of above bill)

.

[john999]

Berta

 

    I am a Vietnam vet and I have HBP.  I am also connected for DMII and Heart disease, the big three.  Should I file a claim now for HBP?

[Berta]

John, I would file the claim, if I were you-

but I would also file it as AO HBP ( with the NAS report) as well as secondary to your DMII and./or your IHD.

I believe we should give the VA any theory at all for entitlement.

They will only grant one theory, if they grant the HBP as SC, but nevertheless-in many cases, multiple theories of entitlement can enhance the chances of an award.

Some BVA awards have been made- I posted them here- whereby the veteran used the NAS report, but some were on remand, far better than a BVA denial.

The problem is Nehmer- an extraordinary Class Action by NVLSP and you were in it for the DMII and IHD-and it should kick in for the HBP and the other recent presumptives.

Otherwise I guess veterans could attempt to CUE past decisions that denied service connection for HBP, to gain proper retro.

But there is movement to get any new AO presumptive under the Nehmer Court Order.

I read a widows claim at BVA some time ago. The widow had been denied for 3 theories of entitlement but she didn't give up and finally won under one of the past theories, by getting a strong IMO.

Nothing is impossible.

 

 

 

[Berta]

https://www.va.gov/vetapp21/files3/21015204.txt

HBP granted SC due to AO.

https://www.va.gov/vetapp21/files2/21008244.txt

HBP ranted due to AO exposure.

 

 

https://www.va.gov/vetapp20/files12/20077761.txt

Claim for AO BP remanded for consideration of the NAS report.

 

https://www.va.gov/vetapp21/files3/a21005515.txt

HBP granted as secondary to DMII from AO.

I found a granted claim I posted here some time ago where the BVA lawyer granted due to the NAS report, but then the same lawyer remanded a very similar claim, that was also based on the NAS report. However the BVA is quick to remand for consideration of the NAS report and that is good because many vets claiming AO HBP did not even know about it when their claims were adjudicated.