Blue Water Navy - Nehmer (new)

[Scottish_Knight]

New information for (Vietnam) Navy vets.  Thought worthy of passing along.

 

Blue Water Navy - Nehmer 

The Department of Veterans Affairs (VA) announced it will readjudicate claims for Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War.

This review is part of the Veterans Benefits Administration’s implementation of the November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs.

Veterans who were previously denied service connection for an herbicide related presumptive condition due to lack of in-country Vietnam service will automatically have their claims readjudicated.

Readjudication means VA will review the evidence of record and provide replacement decisions in the cases of Veterans who were previously denied service connection for one or more herbicide related conditions on the basis that military service was not performed on the landmass of the Republic of Vietnam or on its inland waterways. This review will also apply to eligible survivors of deceased Vietnam era Veterans.VA is dedicated to ensuring all Veterans receive the benefits they have earned.

VA ensures that we have the proper resources in place to meet the needs of the Veteran community. Eligible survivors of deceased Veterans may also benefit from the policy and may be eligible for benefits based on the Veterans’ service.

Veterans who have a condition caused by herbicide exposure during military service can learn more about Agent Orange exposure at this website.

 

[Buck52]

Scottish_Knight 

Thanks for putting this up..great Info

Its about time Bluewater Navy Veterans get their deserved benefits....a MILE STONE TO SAY THE LEAST.

Attention ALL BLUEWATER NAVY VETERANS.GET THOSE CLAIMS GOING ...>   N.O.W.     AND AS I UNDERSTAND IT  THEY COULD GO BACK TO THE DATE THE VETERAN FIRST FILED AND WAS DENIED.

[Former Member]

This information was posted here by me in 2020:

https://community.hadit.com/topic/82623-big-news-ao-bwn-nvlsp/

It is not actually New news, it means the VA is finally taking their thumbs out of their butts, since the lost the NV:SP case. and that is new news.

I have been involved with Agent Orange since 1991 and I truly believe that  although Thousands of Blue Water Navy veterans or their survivors , are eligible for retroactive payment under the same FootNote  Nehmer provision, that many of us here were, when we got our AO awards, that the VA could have started seeking those veterans right after NVLSP won that case , in the link above.

For some reason, we have had only one Blue Water AO veteran here that I can recall.

and the word has never gotten out on the AO benefits that Blue Water 12 mile vets are eligible for.

It has not been in the national news papers,that I know of, and appeared in a few local NY newspapers, and former Sec Wilkie only mentioned it only  once at Fox News.

I guess the VA can blame COVID for the delay- because they could have started this review many months ago.

If you know any potential Blue Water vet, please tell them about this news- 

Many might have to file their very first AO claim, and would not be eligible for retroactive cash, past their filing date.

The DAV posted  a potential 15,000 veterans would be affected but I questioned that with the specific DAV Poster commander, as I believe it is far higher than 15,000.

We had a very interesting phone call and they asked me to volunteer for the DAV.  I might do that if there is any way I can help on the Blue Water Navy AO issue but that would all take time that I dont really have.

There is also an article at Mil.com on AO vets, but I read to contact the writer because he did not mention some important info-on AO HBP.

 

 

 

 

 

Edited May 15, 2021 by Berta
added more. (see edit history)

[Richard Reeder]

On 5/15/2021 at 7:09 AM, Berta said:

This information was posted here by me in 2020:

https://community.hadit.com/topic/82623-big-news-ao-bwn-nvlsp/

It is not actually New news, it means the VA is finally taking their thumbs out of their butts, since the lost the NV:SP case. and that is new news.

I have been involved with Agent Orange since 1991 and I truly believe that  although Thousands of Blue Water Navy veterans or their survivors , are eligible for retroactive payment under the same FootNote  Nehmer provision, that many of us here were, when we got our AO awards, that the VA could have started seeking those veterans right after NVLSP won that case , in the link above.

For some reason, we have had only one Blue Water AO veteran here that I can recall.

and the word has never gotten out on the AO benefits that Blue Water 12 mile vets are eligible for.

It has not been in the national news papers,that I know of, and appeared in a few local NY newspapers, and former Sec Wilkie only mentioned it only  once at Fox News.

I guess the VA can blame COVID for the delay- because they could have started this review many months ago.

If you know any potential Blue Water vet, please tell them about this news- 

Many might have to file their very first AO claim, and would not be eligible for retroactive cash, past their filing date.

The DAV posted  a potential 15,000 veterans would be affected but I questioned that with the specific DAV Poster commander, as I believe it is far higher than 15,000.

We had a very interesting phone call and they asked me to volunteer for the DAV.  I might do that if there is any way I can help on the Blue Water Navy AO issue but that would all take time that I dont really have.

There is also an article at Mil.com on AO vets, but I read to contact the writer because he did not mention some important info-on AO HBP.

 

 

 

 

 

Berta

I am probably the Blue Water AO Veteran that you refer to in your post. I asked you a lot of questions about AO Prostate Cancer

Update. Last Feb 3 I had a C&P exam for prostate cancer. Went well. Feb 5 claim closed. Feb 10  I had backpay in my bank account to 2010 when I first filed my claim.

In 2019 was denied for my Hearing and HBP. Appealed  to the BVA. For HBP I put in my claim a copy of NAS now said there was now sufficient scientific proof that Agent Orange did cause HBP. The judge remanded both hearing and HBP. Long story short 

I am now Service Connected for Hearing and HBP.

I am helping a shipmate and friend with his claims.

I thank you Berta and all Veterans and just everyone on Hadit for helping Veterans with their claims and getting what they so richly deserve.

[Former Member]

Richard,  Yes, you are the only Blue Water  AO Vet we have had here-

We certainly had many Navy vets over the years who might well fall under the HR 299 and/or Procopio regulations.

 It would be great it the VA contacts them via their review of any BWN vet denied in the past for what is now a Agent Orange presumptive, and pays them under Nehmer.

VA's past review of denied IHD ,Parkinsons, and Hairy cell B calls left some of us here at hadit out of the review ,out but we knew enough here to file those claims.

 

I was with the original Blue Water Navy Vietnam Veterans Association.I even wrote draft of the very first Equity Act.

All that has changed and I am not a member of the Military Advocacy group( Commander John Wells,) and perhaps they have a roster of BWN vets with AO that fall under the newest regulations.

I expected a lot of AO BWN vet claims here, and we did get many when IHD went on the AO list- but I have no idea why this was not important enough for most news outlets to  carry this news to all BWN veterans....many probably do not use a PC and depend on TV for their news.

And many of them are deceased by now but they survivors might well be eligible for DIC or accrued benefits ( or both)

You  did VERY WELL with your claims!

I am also surprised that many Vietnam vets here did not file for AO HBP.

 

 

Edited May 17, 2021 by Berta
added more. (see edit history)

[Sgt.Riker]

On 5/15/2021 at 7:09 AM, Berta said:

This information was posted here by me in 2020:

https://community.hadit.com/topic/82623-big-news-ao-bwn-nvlsp/

It is not actually New news, it means the VA is finally taking their thumbs out of their butts, since the lost the NV:SP case. and that is new news.

I have been involved with Agent Orange since 1991 and I truly believe that  although Thousands of Blue Water Navy veterans or their survivors , are eligible for retroactive payment under the same FootNote  Nehmer provision, that many of us here were, when we got our AO awards, that the VA could have started seeking those veterans right after NVLSP won that case , in the link above.

For some reason, we have had only one Blue Water AO veteran here that I can recall.

and the word has never gotten out on the AO benefits that Blue Water 12 mile vets are eligible for.

It has not been in the national news papers,that I know of, and appeared in a few local NY newspapers, and former Sec Wilkie only mentioned it only  once at Fox News.

I guess the VA can blame COVID for the delay- because they could have started this review many months ago.

If you know any potential Blue Water vet, please tell them about this news- 

Many might have to file their very first AO claim, and would not be eligible for retroactive cash, past their filing date.

The DAV posted  a potential 15,000 veterans would be affected but I questioned that with the specific DAV Poster commander, as I believe it is far higher than 15,000.

We had a very interesting phone call and they asked me to volunteer for the DAV.  I might do that if there is any way I can help on the Blue Water Navy AO issue but that would all take time that I dont really have.

There is also an article at Mil.com on AO vets, but I read to contact the writer because he did not mention some important info-on AO HBP.

 

 

 

 

 

 

On 5/17/2021 at 6:33 AM, Berta said:

Richard,  Yes, you are the only Blue Water  AO Vet we have had here-

We certainly had many Navy vets over the years who might well fall under the HR 299 and/or Procopio regulations.

 It would be great it the VA contacts them via their review of any BWN vet denied in the past for what is now a Agent Orange presumptive, and pays them under Nehmer.

VA's past review of denied IHD ,Parkinsons, and Hairy cell B calls left some of us here at hadit out of the review ,out but we knew enough here to file those claims.

 

I was with the original Blue Water Navy Vietnam Veterans Association.I even wrote draft of the very first Equity Act.

All that has changed and I am not a member of the Military Advocacy group( Commander John Wells,) and perhaps they have a roster of BWN vets with AO that fall under the newest regulations.

I expected a lot of AO BWN vet claims here, and we did get many when IHD went on the AO list- but I have no idea why this was not important enough for most news outlets to  carry this news to all BWN veterans....many probably do not use a PC and depend on TV for their news.

And many of them are deceased by now but they survivors might well be eligible for DIC or accrued benefits ( or both)

You  did VERY WELL with your claims!

I am also surprised that many Vietnam vets here did not file for AO HBP.

 

 

According what the rep. From the VFW told me is that if your a blue water

vet filing a PTSD claim under the umbrella presumptive clause that the

veteran ship must be within 12 miles from land of Vietnam set by Congress. I’m a blue water veteran that was just approved under the

presumptive prostrate cancer from herbside exposure May 1972

USS Juneau. We were dropping off fresh mounts in Nam and at the

same time picking up the wounded and taking them back to Okinawa.

Semper Fi

United States Marines 3FMF 9th marines Hotel Co. savoy six

Edited May 22, 2021 by Sgt.Riker (see edit history)

[john999]

I am AO vet and I have HBP.  Is HBP presumptive for AO yet?  If it is I will file a claim ASAP.

[GBArmy]

No John999, it is not (yet.) If you have the evidence from a doctor that links it you A.O, and refer to the National Academy of Science last study that says it is a cause, you should have a good shot. Research BVA decisions. You do need that IMO though. It was recommended to be added by N.A.S. several years ago, but was set aside (because of the cost impact to the VA), so the Congress just made the 3 others new diseases presumptive. Note that the VA has yet to release the method to submit those 3 new ones, bladder cancer, Hypothyroidism, and Parkinson-like disease, even after being directed by Congress to quit stalling and do their job.  Good ole VA.  If/when you do submit, make sure you tie in any previous denials because of the Niemer effect.

[john999]

I read latest VFW magazine and they were saying there was a bill to make HBP presumptive. Since I won't make any more more money from HBP claim I may just file and take the denial.  Then if HBP become presumptive file again and include Niemer.  I think getting an IMO that says AO is cause of HBP might be hard or expensive.  I am going to think about it.

[Former Member]

Sgt. Riker-I have worked with PTSD vets since 1983 and married one.

So I am completely confounded by what the VFW told you.

PTSD does not fall under the BWN presumptves, BUT you can certainly file a claim for it.

Your EED will be the date of the claim.

We have info here in defining a stressor and we also have info here on the 2010 PTSD regulations.

As soon as the BVA finishes their maintainence today- I will find a few cases of Navy Vets on the USS Juneau who have PTSD ratings.

I found two but then BVA site went down-

Here is your ship's crew list:

https://www.navysite.de/crewlist/commandlist.php?commandid=238

It pays to find Buddy's sometimes in your unit as many PTSD vets need proof of their stressors.

Maybe the VFW's point was that the favorable retro benefits of Nehmer would not apply.

Still you should file the claim! 

PTSD has nothing to do with being in the 12 mile limit.

 

 

 

 

 

 

 

 

[Former Member]

Here is one:

USS Juneau veteran

"ORDER

Service connection for PTSD is granted."

https://www.va.gov/vetapp13/files3/1318241.txt

Also here is the roster for 1972:

https://www.navysite.de/crewlist/commandlist.php?&commandid=238&startyear=1970#

You need to join the site to get more info on the crew members.

 

 

Edited May 23, 2021 by Berta
added more. (see edit history)

[Former Member]

John Richard Reeder here got his HBP SCed to AO.

There are AO HBP awards at the BVA, and othr AO HBP claims on remand.

Although AO HBP does not fall under Nehmer, if a vet has a past decision with a HBP percentage, but deemed as NSC, and they succeeded in a AO HBP ,with the NAS report, then they can call a CUE on the past denied claim and possibly get retro ( which would be the same if HBP WAS on the Presumptive list.

That is the way I see it-  It appears that VA has lost my AO HBP claim but that is SOP for how they have dealt with me for over 20 years. I can file it again. I am still eligible for accrued benefits.