Backpay for Agent Orange Exposure Claim

[jqdaily]

My father was exposed to agent orange in the Navy while in country (he was brown water navy).  He developed ischemic heart disease and finally rated at 100% this year, after being at 90% for several years.  He hadn't applied for ischemic heart disease prior to my helping him this year.  Does the VA pay or allow backpay for agent orange exposure?  I'm just wanting to help him out and wondering how, if possible, to go about submitting information to the VA for him.

Thank you in advance!

John

[Berta]

https://www.law.cornell.edu/cfr/text/38/3.816

Everything a veteran or their survivors need to know about Nehmer.

Maybe since NVLSP won the recent Nehmer case against VA ( making Blue Water Navy Veterans eligible for retro under Footnote One), we will get more Blue Waters here.( or their survivors)

[broncovet]

Given that VARO raters are often unable to read, Im not sure if 99 percent of them know how to tie their own shoes, let alone get footnote 1 right every time.  They certainly dont get the rest of the stuff right, either, even tho we Vets often appeal their decisions.  Im convinced they dont give a rip if their decision is favorably (for the Vet) appealed, its unclear if VARO keeps track of it.   One VA employee boasted that 95% of her VARO decision were correct.  If this is true, how come 60 to 80%  of the BVA decisions are awarded (overturning VARO decision) or remanded, meaning there are one or more errors in "at least" 80 percent of VARO denials reviewed by the BVA.  Further, "just because" a Vet does not appeal his claim, does not ensure the claim was adjudicated 100 percent correct.   Instead, it can mean MANY other things, such as:

1.  Veteran dies.

2.  Veteran is too sick to appeal.  

3.  Veteran is not able to understand the decision is wrong, or did not even bother to read it.  

4.  Veteran did not need the money right now, so they just disregarded it. 

5.   Veteran was involved with too many other things to fight VA for more benefits.  

6.   Other reasons, known only to the Veteran.  My son in law wont appeal his, because "he thinks there are other Vets more worthy".  Maybe there are other Vets "more worthy or injured more".  But those can/should also apply and those can obtain benefits also, if awarded.  Those, too, often think they are unworthy.  Im upset, because its my daughter who could/should get DIC when he passes.  He can no longer work and is only rated at 80 percent, and wont appeal, wont apply for tdiu, or even wont apply for PTSD.  He is afraid, if awarded PTSD, they will take away his guns.  Not true, I have 100 percent for MDD, and I bought a pistol within the past month..no problem.  AS long as your doctor does not state "you are a threat to yourself or others" or that you are violent and should not posses a weapon, you should be good to go.  

      An award of PTSD does not, in itself, preclude purchase or ownership of sporting handguns or rifles.  While I completely agree there are Vets who have no business owning weapons, those are in the minority and a trained physician can easily detect the difference between symptoms of PTSD, and "violent" tendencies with spouse or others.  Not all PTSD or MDD Vets are violent.  Its kind of like "a man in a red shirt" gets drunk and kills 5 people.  So they ban red shirts and no one is permitted to wear a red shirt because "these people" are alcoholics, and drink and drive.  It makes no sense.  

The reason I mention this is that I think Nehmer Vets should ask NVLSP to review anything that may be even close to Nehmer or footnote one.  

It costs the Vet nothing, but could result in a large retro check.  

Edited July 4, 2021 by broncovet

[john999]

Bronco 

           You said it all!  I have talked to many vets who just don't comprehend that they can get TDIU or even 100% if they just file.  They look at me like I am from another planet  when I explain to them to just file on it.  Many think if they ask for more they will lost what they have.  This comes from VA and groups like VFW and DAV.