I Won! I Won! After A Four Year And Five Day Battle!, To my knowledge, it is the first ever AO claim won inside CONUS Options

[dizzyvet]

Good on ya Mate !!! Way to hang in there.

Diz

[hawkfire27]

On November 2, 2009, I won the first ever VA claim for Agent Orange exposure, "inside the Continental United States." The claim was granted for Chloracne, Diabetes and Heart Disease with ICD implant, as due to Agent Orange exposure at Fort Gordon GA., in the years 1967-1969. You will be able to read the Board Of Veterans Appeals detailed decision along with the supporting evidence at WWW.va.gov in a couple of months when it is posted. From the web site choose Board of Veterans Appeals, then click on Decisions. Next type in the search box Docket No.08-11 937.

Due to the AICD implant, Class 3 CHF and a LVEF of 25% there should be a 100% P&T award.

Other than a $15.00 Medicare copay, here and there, no money was spent on an IMO, so take heart, you don't have to be rich to win!

James M. Cripps,
Vietnam Veterans OF America Tennessee Agent Orange Committee Chairman.

James I just want to say a huge THANK YOU!!!!!!!, My husband has serious heart disease, and we always thought it was service connected to AO. He has had five way bypass surgery etc. We have filed in vain several times, and always been turned down for the heart condition. I don't know what you did to get this service connected, but whatever you did, we will always be grateful..... His heart condition is now service connected and it is thanks to your perseverance and patience. I just want to let you know we are one of the success stories that exist because of your hard work thank you very much!!!!

[Jayg]

This is great news! (the award that is.) The damage to your health is not of course! (giving the 'Vulcan' spread fingers hand greeting "Live long and prosper"'

[pigdriver]

Congrads James, this is an inspiration for a lot of other veterans exposed to AO. Sorry you had to get sick to get the decision though.

[jamescripps2]

The Heart Disease was granted as a residual of diabetes.

[Wings]

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1796

Three new AO presumptives: ischemic heart disease, Parkinson's disease, hairy cell leukemia-B cell neoplasm

Thanks ;-)

[bob_abad]

James,

Congrats also! This is indeed awesome updating for us. Your patience paid off. Enjoy your reward and I hope you the best of health for a long long time.

[carlie]

James,
Fantastic news.
I look forward to reading your BVA decision.
I'm sorry you are sick.
carlie

[Berta]

"Berta

Would a death certificate have to say ishemic heart disease to get the AO award? You know death certificates often are just a couple of words. I guess this is another reason for RVN vets to tell spouses to get a autopsy done on them. You know many people have a hard time talking about this stuff to a spouse"

Probably if not specified that way on the death certificate, the survivor would have to prove with the clinical record that the vet in fact had ischemic heart disease.

My husband had ischemia of brain and heart at death.

Ischemia of brain was on Death cert but the heart disease had a different medical statement on the death cert-
Still his ECHO revealed heart ischemia as well as his autopsy and clinical records.

I would have won my AO claim anyhow- due to this new reg -if I didnt succeed in the DMII CAD claim.

Not all CAD and CHF is due to ischemia.

I feel an autopsy is needed in most cases of DIC these days.It gives a far more detailed account of the actual cause of death.

[Berta]

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1796

Three new AO presumptives: ischemic heart disease, Parkinson's disease, hairy cell leukemia-B cell neoplasm

[john999]

Berta

Would a death certificate have to say ishemic heart disease to get the AO award? You know death certificates often are just a couple of words. I guess this is another reason for RVN vets to tell spouses to get a autopsy done on them. You know many people have a hard time talking about this stuff to a spouse.

[Wings]

x
x
x

Congratulations James, a thank you for setting a new precedent for other veterans!!! ~Wings

P.S. Could someone please post a link to the aforementioned "Shinseki new presumptive ruling"? I haven't heard anything about it! Thanks!

[Berta]

Absolutely-

if ischemic heart disease caused or contributed to the veteran's death and the veteran can prove exposure to AO ( RVN vets dont have to prove that)

If any widow or widower (we had many female Vietnam veterans too) is granted AO death award- NEHMER kicks in-they become a Nehmer class action member.

Nehmer -as class action case -provides the earliest effective date for AO awards and -in most cases but not all-
the initial date when the claim was filed-whether the widow ,widower or veteran even raised AO as the cause of their disability-

Personal example -you know I am fighting for a refund of a FTCA offset-
also I have requested the proper EED for my DIC-Oct 1994.

Either way the VA goes they still have to pay an amount that was offset to my DIC because the Nehmer decision says I get it.
So- say they dont pay the FTCA offset-
I filed my direct SC death claim in early 1995,The EED is Oct. 1994.
Under the Nehmer court Order they owe me retro to 1994 anyhow -because my husband died due to AO causing -contributing.I dont know if I raised the AO issue for DIC (I forget)but used his settlement award from the original AO lawsuit to support my claim for SC death.

Whether FTCA refund or AO EED due to Nehmer the VA owes me what should be the same amount either way they award.
I wrote to Will Gunn General Counsel VA-DC yesterday to see if he will educate the Buffalo VARO on the provisions of Nehmer and my claim.Or he can order them to refund the offset.

I dont have any denial to NOD because the VA also refused to acknowledge my BVA award under Agent Orange, which involves the same thing.

So I have basis for frontal and flank attack!!! Yippee-

The VARO has refused to use the word "herbicides" or Agent Orange or Nehmer at all in what they have sent me.

They do this at VAROs because they hope the claimant will not google Nehmer or go to the BVA web site (decisions)and possibly find out the VA is deliberately withholding their proper retro-in defiance of established VA case law and regs under Nehmer in M21-1. Keep us in the dark and we allow them to keep our money.

I am repeating something I have said here many times because it is important.
VAROS all across the US have deliberately misapplied Nehmer to thousands of claims.

When NVLSP (who won Nehmer) found out -they went into the ROs and got these vets and widows their money.
Full story of this unconscionable travesty is in the VBM.

VA continues to do it- and they will even do it more now with the 3 new presumptives-

When any vet or widow/widower re-opens a VA claim under any new AO presumptive I just hope they find a vet rep-who knows what the Nehmer decision involves as it could-with AO award-kick in a very favorable EED-
which is not VA's money- it belongs to the claimant by law.

This post has been edited by Berta: Nov 5 2009, 08:49 AM

[john999]

That is great news. Now does the new reg for heart disease make an opening for widows to file DIC if their RVN spouses died from heart disease 5 years ago? If the VA grants an AO claim for CONUS I think the walls may be coming down on a lot of other AO claims for navy and others. It is sort of like the Berlin Wall. Once one brick is knocked down the whole wall may come down. We RVN vets are not getting any younger. I was at Ft Stewart and Ft Benning. Did they use AO there as well?

[Testvet]

This is a BIGGIE!

They also awarded AO in Alaska (I posted that here-decision came -get this- from the AMC!)

but this is within continental USA!!!!!

Mike I was thinking the same thing-ischemic heart disease-which is already added to the AO presumptives.

Now I wonder how many pending vet's claims do show ischemic heart disease that VA would have to consider under this new presumptive---but I fear VAROs will not even take the new reg into account if they can deny the claims under a different basis.
I know the BVA would.

I sent Larry Scott this news-=hope he posts it-

this is BIG for the veteran's community-
and proves as James said here at hadit I think-
PERSISTENCE pays off-

If you have the evidence you MUST persist until you get the right decision.

My award was first of it's kind too-1151 rendered moot by direct AO SC-
It went on the BVA web site fairly quickly-

so this award James got might not take too long to be posted there.

INCREDIBLE!1!!!!!!!!!!!!

and NOTHING is impossible with the VA.

DOD has confirmed testing of AO in many spots in the US of A-----I posted that info here many times over the years - but I never saw any vet succeed like James did.

This is a major victory for vets as many claiming USA exposure might have a chance now to prove their cases if they can prove they were in the testing itself or maybe had duty in same area after testing was done.

I bet they used AO around officers quarters and the golf courses as well as in war game scenarios.

I agree Berta this is HUGE Berta what if they used already standing decisons that link AO diabetes 2 to cardiac and SC as secondary to DM2 and the Shinseki new presumptive ruling has nothing to do with this decision we may be getting the horse before the cart it is still a great win as being the first known case of AO awarded from AO use in the United States but the nexus maybe the same that BVA has been awarding to Nam vets for a long time we need to read the decision to learn the full extent

This post has been edited by Testvet: Nov 5 2009, 09:21 AM

[jbasser]

James, I too remember your battle. You are an inspiration to other Vets who have had AO exposure in the CONUS.

I see a 100 percent P and T with the EF of 25. I believe an SMC is also in store.

Enjoy the award and take care of yourself.

J

[Berta]

past discussion here at hadit:

http://www.hadit.com/forums/index.php?show...hl=jamescripps2

there are links there that might help someone else put there

[Berta]

This is a BIGGIE!

They also awarded AO in Alaska (I posted that here-decision came -get this- from the AMC!)

but this is within continental USA!!!!!

Mike I was thinking the same thing-ischemic heart disease-which is already added to the AO presumptives.

Now I wonder how many pending vet's claims do show ischemic heart disease that VA would have to consider under this new presumptive---but I fear VAROs will not even take the new reg into account if they can deny the claims under a different basis.
I know the BVA would.

I sent Larry Scott this news-=hope he posts it-

this is BIG for the veteran's community-
and proves as James said here at hadit I think-
PERSISTENCE pays off-

If you have the evidence you MUST persist until you get the right decision.

My award was first of it's kind too-1151 rendered moot by direct AO SC-
It went on the BVA web site fairly quickly-

so this award James got might not take too long to be posted there.

INCREDIBLE!1!!!!!!!!!!!!

and NOTHING is impossible with the VA.

DOD has confirmed testing of AO in many spots in the US of A-----I posted that info here many times over the years - but I never saw any vet succeed like James did.

This is a major victory for vets as many claiming USA exposure might have a chance now to prove their cases if they can prove they were in the testing itself or maybe had duty in same area after testing was done.

I bet they used AO around officers quarters and the golf courses as well as in war game scenarios.

This post has been edited by Berta: Nov 5 2009, 06:40 AM

[red]

Congrads to you.

[Testvet]

James..
Congratulations. 4 years and 5 days is pretty fast for the VA, since many Vets claims takes much longer.

I agree my claim started in October 2002 and finally awarded on 7 April 2009 6 1/2 years and that is quicker than a few of them here some have waited 10 years and longer before the claim was awarded by the CAVC.

[Testvet]

On November 2, 2009, I won the first ever VA claim for Agent Orange exposure, "inside the Continental United States." The claim was granted for Chloracne, Diabetes and Heart Disease with ICD implant, as due to Agent Orange exposure at Fort Gordon GA., in the years 1967-1969. You will be able to read the Board Of Veterans Appeals detailed decision along with the supporting evidence at WWW.va.gov in a couple of months when it is posted. From the web site choose Board of Veterans Appeals, then click on Decisions. Next type in the search box Docket No.08-11 937.

Due to the AICD implant, Class 3 CHF and a LVEF of 25% there should be a 100% P&T award.

Other than a $15.00 Medicare copay, here and there, no money was spent on an IMO, so take heart, you don't have to be rich to win!

James M. Cripps,
Vietnam Veterans OF America Tennessee Agent Orange Committee Chairman.

I remember when your story appeared in the Augusta Chronicle since I used to live in Augusta and was stationed at Fort Gordon back in the days, I am glad that the BVA saw the light and didn't deny the claim I got by BVA award on April 7 2009 and the RO did not issue the award letter until June 4 2009 with the money in the bank the following date, I believe your heart issues were granted to your AO exposure as a result of Sec Shinseki just issuing the ruling making ischemic heart disease presumptive to AO, your award is the first known award anywhere issued let alone the states where the heart problems were granted due to AO exposure I have a feeling the BVA Judge took that new ruling into consideration when he granted all of your issues, a month ago there had been no SC to heart disease related to Agent Orange period.

The "Ranch Hand study" had ignored cardiac issues altogether since the early 60s when the Air Force started keeping data on AO and the crews associated with dispersing AO over Vietnam and other places. Many of us know that the Ranch Hand study was ignoring many issues that should have been addressed decades ago.

This is a tremendous precedent and maybe it will help other non Vietnam veterans decide to refile or to file new claims for AO exposure in places other than Vietnam, we know it was used at many bases other than Fort Gordon, they used it at Elgin AFB, Edgewood Arsenal, Fort Greeley Alaska, Fort Ord, etc the list goes on it was used heavily in Panama in the canal zone around the bases and training areas.

Congratulation to you and your family on your victory, take some time to enjoy it and put some aside for a rainy day, don't forget to sign up for the free 10,000 in life insurance when the paperwork comes. You need to also see what kind of property tax breaks the state will give you on your home and autos each state is different, here in South Carolina I pay no taxes on my home and 2 vehicles and they will give my son a full scholarship to any state university of his choosing that is a great benefit and he can still get his Chapter 35 benefits from tne VA on top of it.

What a win winning a claim everyone told you was impossible to win and then doing it, makes your feel vindicated I am sure, my claim was similar everyone told me to drop it, that I would never get my heart disease SC, I went thru a bunch of different Service organizations and bad SOs that refused to file the claim the way I wanted, they either refused or wanted to start with just a 10% hypertension claim. BS go for it from the start and don't back down, I am glad to see you didn't either you are a champion in my books

http://www.dailykos.com/story/2009/11/5/71828/7133?new=true I posted this on the Daily Kos many veterans read and post there, even the sites owner Markos is an Army veteran.

This post has been edited by Testvet: Nov 5 2009, 06:44 AM

[broncovet]

James..
Congratulations. 4 years and 5 days is pretty fast for the VA, since many Vets claims takes much longer.

[Berta]

WOW_ James-

I will email you later- have some questions---this is AWESOME!!!!!!!!!

VA WAtchdog would love to know if this award too I am sure

Berta

[Pete53]

James:

Congrats, what an achievement and I wonder how many told you that you could not win.

I can't prove it but I think I am the first to get Panic Disorder/with Agoraphobia for 100% P&T in 1996.

Pete

[Josephine]

Congratulations!!
Betty

[jamescripps2]

On November 2, 2009, I won the first ever VA claim for Agent Orange exposure, "inside the Continental United States." The claim was granted for Chloracne, Diabetes and Heart Disease with ICD implant, as due to Agent Orange exposure at Fort Gordon GA., in the years 1967-1969. You will be able to read the Board Of Veterans Appeals detailed decision along with the supporting evidence at WWW.va.gov in a couple of months when it is posted. From the web site choose Board of Veterans Appeals, then click on Decisions. Next type in the search box Docket No.08-11 937.

Due to the AICD implant, Class 3 CHF and a LVEF of 25% there should be a 100% P&T award.

Other than a $15.00 Medicare copay, here and there, no money was spent on an IMO, so take heart, you don't have to be rich to win!

James M. Cripps,
Vietnam Veterans OF America Tennessee Agent Orange Committee Chairman.