VA to re-adjudicate Veteran and survivor claims for possible herbicide exposure

[pacmanx1]

This maybe old news to some but it was in my in box when I came home.

May 14, 2021, 01:06:00 PM

 

WASHINGTON — Veterans who were previously denied service connection for an herbicide related presumptive condition due to lack of in-country Vietnam service will have their claims automatically re-adjudicated by VA.

VA to re-adjudicate Veteran and survivor claims for possible herbicide exposure

[Berta]

I posted this info here in 2020:

https://community.hadit.com/topic/84780-blue-water-navy-nehmer-new/

But thank you and Scottish Knight for posting the newest VA  info.

This regards V\Blue Water Navy vets who served within the 12 mile limit- in HR 3299 or Procopio decision- lots of info on Blue Water Navy-AO in our AO forum.

As an  AO widow I get a laugh when I see anything from VA re: AO that says they will "automatically re-adjudicate" because they left out me and some veterans here, so we had to file our AO IHD  claims without  benefit of their "re adjudication".

I do not feel an BWN AO vet should depend on them and should get their info together now-the AO ships list is here and they will need info from the Ship's logs if their ship Not on the AO ship list.

They are eligible if they have ANY SOpresumptive, and their ship exposure date is before they were on the ship.

In my case, I actually got a denial right off the bat because the VA stated that my husband had NO IHD in service.

I whipped a CUE on them immediately pointing out that these Marines in Vietnam 65-66 were kids and none of them would have been in the military at all if their induction medical exam revealed IHD or any type of heart disease.

I then I used the Nehmer Court Order, as the legal regulation they broke under 38 CFR 4.6.

My claim was sent to a different VARO, and they awarded for IHD, also some 1151 cash, and they also awarded my SMC CUE- at the RO level by then for 7 or 8 years.

It was an obvious and easy SMC claim fully supported by my evidence:

The Evidence was a 1998 rating sheet and the SMC regulations.m for 100% P & T and for 60% or over .

The 1998 rating sheet was due to an award letter- DIC under 1151 and I was burned out by te FTCA issue by then and had to contact the OGC, because they would not grant the DIC-until the OGC ordered them to.

The FTCA issue was the most painful issue I had ( wrongful death) but after I studied studied  a few  of the earliest medical records of my husband, and learned what the acronyms meant on a VA ER certificate,it then became an easy case, ( TIME consuming but easy)

My so called rep vet ( since demoted) told me not to file a NOD even though the award letter did not consider SMC because it was a Section 1151 issue.

It bothered me when my daughter, a veteran, told me to re open my DIC claim for a direct SC death.(2003)I filed the CUE on the SMC-awarded in 2010-02 2011.

My daughter was right- The 2003 claim awarded for AO DMII as contributing to my husband;'s death.It had never been diagnosed or treated by the VA.We cannot file two claims for wrongful death under 1151, so this is why the claim  was for direct SC death. And Granted by the BVA.

I realized a few days ago that a 2004 1151 claim I had for IHD under 1151 is still open.

I am still eligible for accrued benefits.

I know there are widows out there of BWN veterans- and I hardly believe the VA will re adjudicate every one their many past DIC and/or accrued denials ,many  that can potentially  be reversed now due to HR 299 and NVLSP.(Nehmer) but I know many of them will probably never find out that the VA owes them cash...as well as many living BWN AO veterans.

 

 

 

 

 

 

 

 

 

Edited May 20, 2021 by Berta
added more.

[Vync]

@Berta would you describe this?

3 hours ago, Berta said:

I am still eligible for accrued benefits.

I have seen this mentioned a few times, but do not know what it is. The info might be helpful to others who might also qualify for it.

[Berta]

If you mean "accrued benefits"- they are benefits derived from a claim that was pending at time of a veterans death, that the survivor  became the claimant on by substitution.

I will use my personal example. My husband died with two claims pending, one under 1151 and one for a higher rating of his 30% SC PTSD.

I applied for DIC and accrued within one year of his death, and supported those claims with evidence.

DIC was granted under 1151 1998, and subsequently became a direct SC death , under Agent Orange 2010.

I supported his request for higher rating of his 30% PTSD and they awarded with a very favorable EED. 100% SC P& T PTSD back to Nov 1991  up to the date of his death ,about 2 years later( I filed these claims in 1995, within 3 months of his death.

If a survivor does not apply for DIC and/or accrued within one year after a veteran's death, their EED on a successful claim will be the date of the claim.

There is one BIG exception.

If it is a survivor's successful Nehmer AO death/accrued claim, their EED will be the date of death for DIC, if granted, and also the first date "entitlement arose" if they also succeed on any pending claim that also falls under the Nehmer Court Order

That means any widow of a Blue Water Navy veteran who is deceased and died of an AO presumptive causing or contributing significantly to their death, and/or affected any accrued claim the VA might have already denied, can either file a new claim themselves if there spouse fell under

HR 299 or Procopio, or they can hope the VA will contact them during their reviews of past claims of Blue Water Navy vets.

Personally I think POAs should also review their files for the same potential reason-VA is doing the review for  But that is expecting too much from them. And would hold up whatever else they do- 

I don't think they really do enough anyhow for most of their vets on their POA.

NVLSP will review the decision once it is a granted claim, to see if the VA applied the proper EED.

I believe they are using the email I posted here before but will try to find it.

 

Edited May 20, 2021 by Berta
added more

[john999]

When the VA sees Berta coming they begin to cry.

[broncovet]

Yep, John.  Berta's benefits cant be reduced, so she is bold and fights for it all.  Many/most Vets  cant be reduced either, but they often dont know that.   

A P and T Vet (or over 5 years) has serious protections.  I have been on hadit since about 2007, and Im unaware of VA EVER successfully reducing a 100 percent P and T Vet, tho they sometimes try.  They tried with me TWICE.  Crazy.  They tried to take my wife off my benefits.  

TWICE.  I sent them a letter...with my marriage certificate, and a letter from my wife, testifying she has been my wife since 2006, that we have never seperated or divorced.  

A supervisor sent me an email stating that she did not know why they tried to reduce my spouse benefits, and quashed the reduction proposal to remove my spouse.  

However, mark my words.  Had I not contested the proposed reduction, my wife would have been removed from my benefits, lose her champva, and I would lose the hundred or two per month extra for spouse.   

[Buck52]

I was wondering/thinking  about asking the VA to put my mother -in-law as one of my dependents.

My spouse wants her mother to come live with us  (J ULY 31ST) due to her mom was deciare legally Blind (84 years young) 

so when she comes to live with us  can she become one of my dependents?

 Although she gets  SS  Medicare (1.700.00 monthly and a small retirement check about 220.00 month around 1900 monthly.

We are not charging her anything to say here  nothing  no utility's food or anything so all her $$% will be hers to keep.

I was just wondering since she will be living with us can she become  one of my dependents and add her on the VA.?

anyone Know?