earlier effective date BERTHA

[WARREN WHITE]

BERTHA HELPED ME ON THIS SITE ABOUT FIVE YEARS AGO ON MY AGENT ORANGE CLAIM FOR PARKINSON'S AND I WOULD LIKE TO HEAR FROM HER CONCERNING MY POST ON AN EARLIER EFFECT DATE FOR LOSS OF USE ON ALL FOUR EXTREMITIES THAT I POSTED A FEW DAYS AGO.

THANKS

 

HARRY WARREN WHITE

[Berta]

yOU POSTED :

"i have been awarded loss of use for both feet and both hands due to parkinson's.  they gave me an effective date of oct. 2021 when i filed my claim but my medical records show symptoms back to 2016. should they have made the effective date 2016 since parkinson's falls under nehmer law."

Can you scan and attch here the decision to include the evidence list?

Cover your C file #, name, address, prior to scanning it.

I do agree with Bronco vet-

NVLSP will review your decision to make sure they gave you the proper EED.

Email them at agentorange@nvlsp.org.

Footnote One  (with explanation and disussion here under a search)is the essense of Nehmer and is based on past ratings sheets that contained a percentage as NSC for what the veteran can prove now falls under Nehmer as SC.

Was the claim for loss of use ,all 4 extremeties, indicated  on a past rating sheet

or should it have been  coded.

NVLSP will review your decision at no charge because they won Nehmer. 

 

 

 

•  
• Quote

Edited January 7, 2022 by Berta (see edit history)

[Berta]

Just to add- we dont get many claims involving seondary disabilities to established AO disabilities under Nehmer. 

I could only find one so far, at the BVA:

https://www.va.gov/vetapp21/Files3/21014437.txt

[Berta]

To add, and to clarify what I said above  I dont thinkwe get many secondary claims to AOs because they are properly awarded at the VARO level-

 

Warren , this seems to be one of your past posts here: 

 

"Collaborator

First Class Petty Officer

 114

Service Connected Disability: 100%

Posted January 18, 2014

I was awarded a temporary rating of 30%. My civilian doctor filled out a DBQ (Disability Benefits Questionaire) and i was granted service connection for residuals due to parkinson's. The 30% was discontinued and i was awarded a percentage for each residual, from 10% to 50%. The doctor will assign a none, mild, moderate or severe impairment to the residual's caused by having parkinson's. Don't forget about sexual dysfunction (ED), if that also is a residual, you will receive smc (k). Down load a DBO from VA site or others and look at the sections on the form.

 

If you have any more question's, It would be my pleasure to help you. If he qualifies, I would file for IU, which is 100%. From my own personal experience, your husband is going to need all the support you can give him. I would also file for smc (s) housebound. I didn't know i could file for housebound until two years after i was awarded IU.

 

GOD BLESS"

https://community.hadit.com/topic/54469-does-anyone-really-know-how-they-rate-parkinsons/

 

I am assuming ....

just lost entire rest of my post-----------have to write it again- bad weather here

[Berta]

To add, and to clraify what I said above  I dont thinkwe get many secondary claims to AOs because they are properly awarded at the VARO level-

 

Warren , this seems to be one of your past posts here: 

 

"Collaborator

First Class Petty Officer

 114

Service Connected Disability: 100%

Posted January 18, 2014

I was awarded a temporary rating of 30%. My civilian doctor filled out a DBQ (Disability Benefits Questionaire) and i was granted service connection for residuals due to parkinson's. The 30% was discontinued and i was awarded a percentage for each residual, from 10% to 50%. The doctor will assign a none, mild, moderate or severe impairment to the residual's caused by having parkinson's. Don't forget about sexual dysfunction (ED), if that also is a residual, you will receive smc (k). Down load a DBO from VA site or others and look at the sections on the form.

 

If you have any more question's, It would be my pleasure to help you. If he qualifies, I would file for IU, which is 100%. From my own personal experience, your husband is going to need all the support you can give him. I would also file for smc (s) housebound. I didn't know i could file for housebound until two years after i was awarded IU.

 

GOD BLESS"

https://community.hadit.com/topic/54469-does-anyone-really-know-how-they-rate-parkinsons/

 

I am assuming -I just lost my reply in hyperspace what was the EED for the Parkinsons'

 

In severe weather

To add, and to clraify what I said above  I dont thinkwe get many secondary claims to AOs because they are properly awarded at the VARO level-

 

Warren , this seems to be one of your past posts here: 

 

"Collaborator

First Class Petty Officer

 114

Service Connected Disability: 100%

Posted January 18, 2014

I was awarded a temporary rating of 30%. My civilian doctor filled out a DBQ (Disability Benefits Questionaire) and i was granted service connection for residuals due to parkinson's. The 30% was discontinued and i was awarded a percentage for each residual, from 10% to 50%. The doctor will assign a none, mild, moderate or severe impairment to the residual's caused by having parkinson's. Don't forget about sexual dysfunction (ED), if that also is a residual, you will receive smc (k). Down load a DBO from VA site or others and look at the sections on the form.

 

If you have any more question's, It would be my pleasure to help you. If he qualifies, I would file for IU, which is 100%. From my own personal experience, your husband is going to need all the support you can give him. I would also file for smc (s) housebound. I didn't know i could file for housebound until two years after i was awarded IU.

 

GOD BLESS"

https://community.hadit.com/topic/54469-does-anyone-really-know-how-they-rate-parkinsons/

 

I am assuming -I just lost my reply in hyperspace what was the EED for the Parkinsons'

 

In severe weather

[Berta]

Instead of taking the time to rewrite the post I lost -just contact NVLSP:

"Vietnam veterans and their survivors who believe that VA has not assigned them the correct effective date for the award of benefits for their Agent Orange-related disease can contact NVLSP’s Nehmer team at the team’s toll-free hotline number – 855-333-0677."

https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit

 

Or email them at 

agentorange@nvlsp.org

 

I suggest emailing them as I will do today on a different Nehmer  matter- but they are easy to talk to by phone-yet emails can contain the details they need to see.

Covid still affects the VA OGC and many other VA entities and I imagine it  might certainly have affected NVLSP, and their response time to emails.

 

 

 

 

 

[broncovet]

Berta has given great advice, as usual, helping many, many Veterans on hadit to include nearly all members here, including myself.  

While Berta herself is our hadit "Nehmer" expert, she, too, understands the importance of basing the advice only after reading the Veterans cfile/vbms file, so she correctly advised Mr. White to seek the advice of NVLSP.  

Mr. White apparently did not choose to post his file publicly, and I can certainly appreciate why he may choose to keep his records private.   Like Mr. White, I too, am more than a little bit reluctant to post private information from my cfile/vbms file.   For that reason neither Berta, nor other hadit members can give detailed specific advice on claims without having detailed specific information found in the cfile/vbms file.    Therefore, I commend Berta for advising Mr. White seek the highly competent advice of the experts on Nehmer, NVLSP.  I agree with Berta.  

Even better, NVLSP advice on the matter is at no cost to the Veteran.