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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
By Carlos C. Parscal
I have a appeal for hypothyrodism. It was passed into law Jan 1, 2021. with bladder cancer and Parkinsons symptoms. When is is added to the list what happens to my appeal?
You are rated 30 percent for six months. My appeal would of been a 100 per cent rating.
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!
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
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,