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New Ao Regs

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On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

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Durock-I think the regs will be published by July but that might be wishful thinking.

Since many claims have been filed already under the 3 new presumptives,unless there is a question as to the veteran's exposure to AO- I feel they could whip these awards and retro out in a heartbeat as soon as they can determine a proper rating.

I mentioned these stats last night at SVR show- they expect most IHD vets to get 60%$ ratings right off the bat.*I wonder how long the C & P exams will take.

*this might be just speculation on VA's part-hard to know-

Wouldnt this be great- say the vet applied for IHD before and got a NSC rating- then VA could easily turn that past NSC into SC now and then defer the actual permanent rating until a C & P is done.(which of course would be a higher rating in many cases -depending on how old the other claim was before denied.

This would give some of these AO vets some cash-sooner than later- they have been waiting a LONG time for this reg and some could die before the regs are published (the publication gets them into 38 USC,CFR and that makes them Law of the land.

I have a friend with a grandson that works at the VA in Waco, TX and way back in 2001 he suggested that I go ahead and file for every ailment that I had or have. I had just had 3 stents installed a year earlier due to blockages. I now have CHF, and a right coronary artery that is 100% and a total of 7 stents. But at any rate I did not listen to him and failed to apply way back then, makes me want to kick my own rear now. What a payday that would be, but I will be happy to finally get something. That teaches me that just because it is not a presumptive I should go ahead and try anyway, just get it on the books, just in case things change in a couple of years. I know it clogs up the system but they give us little choice in the matter.

Duane Morris "DuRock"

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