Blue Water Vet, Agent Orange, Retroactive Pay Question

[mrmo]

In Aug 2006, at the urging of a VA oncologist/hematologist, I submitted a disability claim for  myeloproliferative disorder as a result of Agent Orange.  On Jul 5 2007, my claim was denied.  I filed an appeal on Jun 12, 2008.  The appeal was denied on May 26,2009 with the reason for both denials being;     "Service connection for myeloproliferative disorder associated with herbicide exposure remains denied because the veteran did not serve "in country" in the Republic of Vietnam during the Vietnam era."    And that was true since I was a "Blue Water sailor."

 

Shortly after the Blue Water Vietnam Veterans act of 2019 went into effect in Jan 2020, I submitted a supplemental claim for myeloproliferative disorders as a result of AO on Jun 6, 2020.  Twelve days later on June 18, my claim was denied because myeloproliferative disorders are not on the AO presumptive illness list.  On Oct 29, 2020, I filed for a Higher Level Review.  They sent me for a C&P exam in May 2021, and my claim was approved at 30% on Jan 25, 2021, retroactive to Jun 1, 2019 when I had submitted an intent to file.

 

My question is, do I have a case to request that my claim be retroactive to 2006 when I first filed?  Do I fall under Nehmer?  I assume not since my illness is not one of the presumptive AO illnesses.  Yet I would have continued to pursue my case had the fact that I did not serve "in country" was so cut and dried.  I did appeal shortly after the Blue Water sailor ruling was instituted, and my disability was approved after a Higher Level Review.  

 

[Lemuel]

Check the new AO presumption list.  My Bladder cancer was added.  Your health problem may be also.

[mrmo]

Berta,

No, I do not have a copy of my C file.  I requested it a year ago and have gotten nothing.  I do have a copy of my VA medical records.  I only went to the VA for medical treatment from 2006 to 2009 as I lost my private insurance during that time.

I was diagnosed with myeloproliferative disorders in 2001 and have been treated by a private hematologist continuously except for the 2006-2009 timeframe when I was treated by VA hematologists.  

Thanks, Lemuel.  Unfortunately it didn't make the list.

[Jim Radogna]

The earlier effective date provisions of Blue Water Navy and Nehmer only apply to presumptive conditions.

[Berta]

Mrmo- As I  mentioned before,NVLSP can check your retro date-

when you got a copy of your C file (or did you have a VSO on this award?)

it will tell us more-

NVLSP will need a copy of the older claim and it's denial, and the rating sheet, as well as a copy of the award letter. 

You can call them and ask this question or use their web site contact when you find the above documents.

I do believe the award might contain a  CUE and will help with that, depending on the documents we need to see here.

 

[mrmo]

Thanks, Berta,

Like I said, still waiting on a copy of my C file.  I'll try and find whatever I can.  I have moved twice since the initial filing and not sure I have everything.  Since the "in country" issue seemed so final, I had pretty much given up on this and didn't do very good with old records.