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Ao Retro Rules
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Berta
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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