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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Ao Retro Rules

Question

http://www.nvlsp.org/Information/ArticleLi...%20Date%20Rules

Lots of legalize here - however- if there was no prior claim denied -a claim that could be construed as involving the same disability as one of the 3 new presumptives-then the date of filing the claim will surely be the date they use for the retro for cl;aims filed under the new regs.

Although the VA is supposed to search for any previously denied claim under these proposed regs-I think it is best that any vet who might have been denied for an AO condition in the past should dig out all of their older decisions.

FTCAers and 1151ers under new AO regs have again been overlooked.(Of COur$e)

Since the VA didn't diagnose my husband's IHD (until I filed FTCA case and sent them definite evidence of MY diagnosis based on their medical records )- they did award recently death directly due to AO but still refuse to consider SMC and rate his AO disabilities-which they malpracticed on.

What got me when I read the financial projections the VA out into the regs-they forgot to estimate how many veterans with AO disabilities they might well have misdiagnosed-and if they never diagnosed the AO condition-they saved money on treatment for it and also saved money under the Nehmer court order.

I am appealing that part of my award as to lack of any SMC consideration-and also filing a Petition for Equitable Relief with the Secretary.

I have to- the VA has never had a similiar case,so there is no precedent and nothing in Nehmer to account for FTCA or 1151 AO claims.

I will be talking to lawyer at NVLSP next week and of there is any other new info re: these new regs I will pass it on-but it would certainly appear at the NVLSP web site.

The entire gamit of Nehmer I and Nehmer II is at their above web site.

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This is really going to be interesting with my case. I have a host of heart problems and IHD is a part. I first filed for the IHD for my radiation exposure in 1994. Several years later I added as due to AO as well, that was in 2000 and this became a Nehmer case. I lost this case for AO and radiation for late filing at the CAVC in 2009. And to top it off I'm sc for asbestosis/pleural plaques that is also related to my heart disease. The DRO is determining what parts of my heart disease are associated.

Berta, this is a can of worms and I can see this will increase the backlog substantially. This is the toughest of all the diseases that are presumptive for AO.

http://www.nvlsp.org/Information/ArticleLi...%20Date%20Rules

Lots of legalize here - however- if there was no prior claim denied -a claim that could be construed as involving the same disability as one of the 3 new presumptives-then the date of filing the claim will surely be the date they use for the retro for cl;aims filed under the new regs.

Although the VA is supposed to search for any previously denied claim under these proposed regs-I think it is best that any vet who might have been denied for an AO condition in the past should dig out all of their older decisions.

FTCAers and 1151ers under new AO regs have again been overlooked.(Of COur$e)

Since the VA didn't diagnose my husband's IHD (until I filed FTCA case and sent them definite evidence of MY diagnosis based on their medical records )- they did award recently death directly due to AO but still refuse to consider SMC and rate his AO disabilities-which they malpracticed on.

What got me when I read the financial projections the VA out into the regs-they forgot to estimate how many veterans with AO disabilities they might well have misdiagnosed-and if they never diagnosed the AO condition-they saved money on treatment for it and also saved money under the Nehmer court order.

I am appealing that part of my award as to lack of any SMC consideration-and also filing a Petition for Equitable Relief with the Secretary.

I have to- the VA has never had a similiar case,so there is no precedent and nothing in Nehmer to account for FTCA or 1151 AO claims.

I will be talking to lawyer at NVLSP next week and of there is any other new info re: these new regs I will pass it on-but it would certainly appear at the NVLSP web site.

The entire gamit of Nehmer I and Nehmer II is at their above web site.

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Since they already ruled out radiation as etiology for the IHD you have-

as long as you had exposure at AO- I would think your EED would go back to the first IHD claim you filed.

But this part might impact on that:

"And to top it off I'm sc for asbestosis/pleural plaques that is also related to my heart disease. The DRO is determining what parts of my heart disease are associated."

If a doctor has stated that the asbestos has aggravated the heart disease -that would make for secondary service connection-of the heart disease -

But if they deny that asbestos contributed or caused the heart disease, then I would think Nehmer would kick in back to the very first claim in which you raised the IHD.

Have you formally filed for the IHD yet as due to O under the new presumptives?

Make sure you tell them that they denied you in the past-it would be good to attach the older denial and remind them to apply Nehmer to your EED.

I dont think any AO vet should depend on the VA to find any past denials in the C files.

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Actually I'm waiting for the DRO decision to see how to proceed. That should be in the next couple of days. The DRO said I was first and it would be about 30 days. I did have to remind her that my case has accelerated status.

The DRO also brought up that my IME connected my cancer to AO(sts) exposure in service. The IME also connected my fibromyalgia to service. The DRO wanted me to submit a claim then but I refused. I want to put everything together. I had the IME done in Feb. 2010 for the asbestosis/pleural plaques and the AO exposure(This is for my new claim). He added in the fibromyalgia. He also confirmed asbestosis because the C and P examiner said I didn't have it. She didn't read my records and I wanted to make sure I countered what she said. She totally missed it, my records are clear. The DRO told me she pays almost no attention to the C and P examiners because there are so many mistakes.

I will be submitting a case for the IHD and AO. That's a given. The C and P I had at the time, for the radiation and nsc, found my heart disease was at least 40% disabiling, that was in 1995. He also found me 100% disabled for my nsc and that I was unemployable.

My cardiologists said the heart disease is being affected by the lung disease. I've got impaired lung function and this just came up last week, my doctor believes I have cor pulmonale and that too is associated with the asbestos exposure.

This is really going to be confusing for DVA. It is for me.

Since they already ruled out radiation as etiology for the IHD you have-

as long as you had exposure at AO- I would think your EED would go back to the first IHD claim you filed.

But this part might impact on that:

"And to top it off I'm sc for asbestosis/pleural plaques that is also related to my heart disease. The DRO is determining what parts of my heart disease are associated."

If a doctor has stated that the asbestos has aggravated the heart disease -that would make for secondary service connection-of the heart disease -

But if they deny that asbestos contributed or caused the heart disease, then I would think Nehmer would kick in back to the very first claim in which you raised the IHD.

Have you formally filed for the IHD yet as due to O under the new presumptives?

Make sure you tell them that they denied you in the past-it would be good to attach the older denial and remind them to apply Nehmer to your EED.

I dont think any AO vet should depend on the VA to find any past denials in the C files.

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You know it might be wise to claim every condition that has a good chance of being added to the presumptive list for AO since under Nehmer you might get an EED one day.

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Yes I agree -claim everything and it appears that the lung disease is aggravating the heart disease.

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