Posted on Feb 6, 2019
Court Decides 'Blue Water' Navy Vets Should Be Eligible for Agent Orange Benefits
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Posted 6 y ago
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If a veteran has been denied for a presumptive AO claim you should cite Nehmer v US Department of VA. Potentially this will get your claim back dated to the original date of claim or the the date the condition became a presumption.
If you know someone that this applies to encourage them to put in a claim. The va has 90 day to appeal and then can get extensions to a total of 150 days. This courts decision is effective until overturned by the Supreme Court. It is not likely that that will happen. There has been over the past two years more cases and one pending case that will be seen by the Supreme Court soon that will address the VAs ability unfairly interpret the Code in their own favor when Congress was ambiguous see Kisor v Wilke.
Boots ont the ground dose not exist in any legislation/federal statute.
If you know someone that this applies to encourage them to put in a claim. The va has 90 day to appeal and then can get extensions to a total of 150 days. This courts decision is effective until overturned by the Supreme Court. It is not likely that that will happen. There has been over the past two years more cases and one pending case that will be seen by the Supreme Court soon that will address the VAs ability unfairly interpret the Code in their own favor when Congress was ambiguous see Kisor v Wilke.
Boots ont the ground dose not exist in any legislation/federal statute.
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