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941 questions in this forum
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Leaving 100% Rating Alone?
I was told by VA 800 number to make new claim to separate the heart disease (filed in 5/03 with approval 6/03 for 60% on stent and 8/03 approval for Defibilator placement making him100%) This was all secondary to the DMII. The couple of people at the 800 number told me different stories. I was very confused. The person I listened to (bad mistake) told me to put in claim for the IHD. My intention was to have it made a condition on it's own merit with the new ruling, and to take it off of the secondary status. The person said it could make a difference if he passed away from the disease. My husband put in claim 10/30/10, went to his C & P exam 12/2/10. The exam…
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Ao Thailand
This is the case that I mentioned here last week but didnt have permission to have docket on but Kurt Priessman got permission: http://www4.va.gov/vetapp10/files4/1033121.txt In part: "The May 2010 C&P Bulletin noted above cannot definitely rule out that the Defense Department used tactical herbicides at Udorn at the time the Veteran was stationed there. The Veteran testified credibly that he worked at the run up pad some 50 yards from the base perimeter where defoliants were sprayed and that he himself was once sprayed accidentally in that area of the base. Further, documentary materials he assembled and associated with the claims file support the conc…
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Jim Strickland Succeeds
From VA Watchdog Today-Jim Strickland: "11/30 We told you of the erroneous denial of IHD benefits by the Pittsburgh Regional Office. The veteran has been notified 12/02/2010 that his award is now correct! The Final Word I'm told Pittsburgh RO will now be required to review and if needed, readjudicate every Nehmer denial they have issued. Once done all those are up for VACO review. Done!" Full story at VA Watchdog Today: http://www.vawatchdogtoday.org/Recent_Headlines.html The denial was unconscionable and Jim took swift action at VACO! This situation-I fear- will repeat itself all over the ROs because even vet org reps do not understand th…
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ptsd What A Trip! Ao
Im a vietnam combat vet from 72 with ptsd that is now 100% p and t back in oct 06 when i was only 50% i had to get a chest e-xray at bay pines I hadnt been able to sleep laying down and my feet were swollen ,and i couldnt walk any distance for about a month without having to stop and rest. anyway after i had the x-ray the attendant said i should stop at the emergency room to have them look at this so i went with the help of a nurse, by this time i was kinda in bad shape. they did vitals then an ekg and within an hr i was on the 4th floor in the heart center for a week.(sorry to be so long winded) i was diagnosed with congestive heart failure with an injection fracti…
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Ihd Earlier Effective Date Denied!
Well got the letter today from VA in a small white envelope and it said denied for an earlier effective date based on all the evidence in my folder.... While I agree that the tests the VA and C&P ran in 2003 and 2005 did not show heart disease I believe it was because of the sub-standard testing preformed at the 2 C&P's. I am at 100% P&T with SMC-s so I guess I should be grateful and just walk away from this now before it really does kill me! I guess I might. Then again I may contact a lawyer and get some advise on how to precede. Berta always said that I might have a better chance at a FTCA claim or a 1151 but I just don't know now. How the VA can…
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Nehmer Question
I am a Thailand vet who worked on the perimeter of Camp Friendship while stationed at Korat airbase, in Feb of 2008 I filed a claimed for CAD which was denied. When IHD was added to the list I asked the VA to reopen my CAD claim as IHD in Nov 2009. Today I got a letter from the San Diego RO saying that they had reviewed my claim folder in accordance with Nehmer but since there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required.. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed? I worked at the Karot AutoDi…
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Appeal For Neck Scar
Hi everyone, I had a claim filed in 2008 for a tumor on my neck. I had it removed from a private hospital back in 1999. It was a benign tumor. I beleived it was due to AO exposure in 1969-70 Vietnam. I filed in Houston and was denied. I have filed a NOD and requested a local hearing and DRO. It should be coming up in January 2011. I know now that I can't get anywhere with the tumor, but I can get a 10% rating for the scar and numbness caused by the surgery. This is a simple claim, but I have learned to run it by the boards just in case. I have attached it here. Comments please! -donald Summary for local hearing of Neck Scar.doc
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Ongoing Saga Of Ihd/ao Claim
Here's a quick update on a pending IHD/AO claim from Oct 09. See SOCIAL CHAT re" Eve call from RO" for humor regarding the claim. After phone calls, emails and checking ebenefits site, the Claim Status is now supposedly in Notification Phase. The RO was attempting to contact us to obtain MY birthdate. Our VSO states that "looks like they are getting ready to decide the claim, but need your birthdate" and that the claim "will be going to the rater as soon as they get your birthdate." He provided "them" with the information. This is more info than we've gotten in months, so am hoping this means some progress? Only those of you with more experience and history with VA…
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Ao Cancers
This is the list of Soft Tissue Sarcomas that VA considers AO presumptive: http://www.hadit.com/vaclaimslibrary/vietnam/agent_orange_claims.pdf There are about 34 medical terms here that no one should overlook f a veteran presents a AO cancer claim and the cancer is not one of the more prominent AO cancers. My former vet rep never heard of this list and I believe many reps dont even consider it if a vet has a form of cancer that is not one of the more prevalent AO cancers. I dont even think VA raters carefully assess this list either. I sent the whole list attached to a friend's medical records to prove he had a ratable AO cancer on this list. The medica…
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Thailand
Bears re posting due to the 3 new presumptives- http://www.publichealth.va.gov/exposures/agentorange/thailand.asp What bothers me is that Nehmer isnt mentioned here-with this info from the VA itself (due to Kurt Priessman's incredible work)
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Retro Pay Denied
I would like to say hello to everyone. I have been reading all the post to this forum and have received a lot good information. I received my claim approval for prostate cancer on November 23, 2010 and agree with the rating of 60%, but my problem with this is that I didn't receive retro pay back to my initial claim which was denied in 2001. I appealed this decision during the next couple years 2002 to 2004 and still was denied. I was originally denied based on I could not prove I had boots on the ground in the Nam. Through my searching the internet concerning this issue (Agent Orange) I found out that the boots on the ground in the Nam had been modified to include S…
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Ihd Iris Response 11/22/2010
I filed mine in Oct.09 and it was for an earlier effective date for my SC cad/IHD. They originally only gave the actual date of my heart attack an operation and I had applied before and been denied. I guess I will see soon how they see this? Dear Mr XXXXX: Thank you for your reply to the Department of Veterans Affairs dated November 19, 2010 regarding the status of your claim. A decision has been made on your claim. Your file will go to the staff that reviews the decision for accuracy and approves the decision, which is usually the final step. This stage should be completed on most claims between 10 and 40 days. Please be advised that a claim may take lon…
0 votes14 answers