My Benefits Claim Disappeared !!

I received another interesting communication from my local VA office.  It states that "A review of your claims folder shows neither a prior claim for benefits nor a prior denial for benefits between September 25, 1985 and August 31, 2010.  In the absence of such evidence, further review is not required".

Let's see, the VA acknowledged my initial claim, as being received, with a letter dated 3/16/2009.  So much for no "prior claim".  I received my denial letter on 10/20/2009.  So much for a "prior denial".

Amendment to Block Compensation for AO Exposure Blocked

(Washington, D.C.) – Today, U.S. Senator Patty Murray, Chairman of the Senate Veterans’ Affairs Committee, helped defeat an amendment that would have created a nearly impossible standard that must be met before VA can establish a presumption of service connection based on exposure to Agent Orange. In a speech before the vote, Senator Murray described the amendment as another hurdle Vietnam veterans would have to overcome in their 40 year struggle for compensation.  The amendment, which Murray led the fight against on the floor of the U.S. Senate, ultimately failed to be included in the Military Construction and Veterans Affairs Appropriations bill when Murray successfully asked that the amendment be tabled and prevailed by a vote of 69-30.

VA Conducts a Nehmer Review

After waiting for a year and a half, the VA finally decides to communicate by asking for more information.  This is because my case qualifies for special review based on my claim for benefits due to CLL.  May I add its the same information they asked for two years earlier for which I responded.  This time they are again asking for proof that I was in Vietnam.  At the top of the list of information requested are travel vouchers.  This is something the VA should be requesting from the military.  Instead they want to shift the burden of proof to the veteran knowing how difficult a task it will be.

Finally a Decision from the VA - But the Wrong One

The decision on my March 2009 claim finally arrived on 10/20/09.  I was turned down, of course, for the reason I expected - "not related to military service, so service connection couldn't be granted".  This relates back to the fact that I cannot prove I stopped in Vietnam on my way to Thailand.  The records sent by the NPRC were of no assistance.  I have uncovered eight citations that directly relate to my situation.  Most of these citations, as decided by the Board of Veterans Appeals (BVA), explain how many servicemen's flights stopped over at Saigon on their way to Thailand.  These citations were decided in the veteran's favor and benefits were granted.

VA Extends Agent Orange Benefits to More Veterans

Relying on an independent study by the Institute of Medicine, the Secretary of Veterans Affairs decided to establish a service connection for Vietnam Veterans with three specific illnesses based on the latest evidence of an association with the herbicide referred to as Agent Orange.

Time to Get Congressional Help for My Disability Claim

As of this date I am still waiting for the content of my military files from the Personnel Center. I have tried snail mail and email with no response. Also the VRO has not responded to my application nor have they given me a progress update. There is a local office for Congressman C. W. Bill Young nearby. Since he is on the subcommittee for Veterans Affairs it is possible that he can be of some assistance.

New VA Rules for CLL Result in Application

Information just released from the Veterans Administration (VA) http://www.vba.va.gov/bln/21/benefits/herbicide/aono1.htm states that  they are extending benefits to those veterans that were exposed to Agent Orange, used to defoliate trees and remove concealment for the enemy in Vietnam, from 1/9/62 to 5/7/75.  It makes no difference if one was stationed there or just visited.