Status - Ao Ihd Claim

[jalexand]

Following my claim for compensation based upon IHD as a result of AO exposure which was filed in June of this year and having completed both the C & P exams and having provided the VA with extensive medical records substantiating the IHD I have now received official notification of my claim being placed on hold pending the out come of the legal requirements associated with placing the disease on the list of presumptives.

Here is the content of a letter I received from the DVA today.

Qoute:

We are working on your claim for:

. ischemic heart disease

"We have received your compensation claim for ischemic heart disease based on herbicide exposure. However, this disease has not yet been added to the Department of Veternans Affairs regulatons governing diseases presumptively associated with herbicide exposure. In order to add this disease, we must follow a series of legal requirements, including publishing a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requrements have been met. When the process is complete, we will make a determination on your claim and provide you with notice of our desicion."

I would assume that everyone who has filed a claim thus far will receive a similar letter pending outcome of the proposed regulation.

Jim

[Deceasedvethusband]

Deceasedvethusband said:

"Should I be concerned about the date of May 14, 2010 in regards to my DIC claim? Any advice would be appreciated."

Did the AL possibly request a re-open on that date?

Berta: I'm not sure if the AL requested a re-open - when the VSO that was laid off would come to town (once a month, sometimes less) & he did paper work, I always asked for a copy. Now that it's over the phone, the AL doesn't send me a copy. I'm worried it was a re-open, wouldn't that change the eff. date?? Thank you!

[Deceasedvethusband]

to add -this is on page 16 of the Nehmer Training Guide that stillhere posted in the AO forum.

"NOTE: If the class member‟s claim for DIC for the death was either pending

before VA on May 3, 1989, or was received by VA between that date and the

effective date of the statute or regulation establishing a presumption of service

connection for the covered herbicide disease that caused death, the effective

date of the award will be the later of the date such claim was received by VA or

the death occurred (38 C.F.R. § 3.816(d)(2))."

As I interpret your post here - your DIC EED is your husband's date of death.

This was my understanding as well, as long as the VA doesn't consider the May date a re-open, right?

[Berta]

Technically ,many AO claims are 're opened' claims.

The VA is supposed to even be reopening any past denied AO claims that fall under the new presumptives.

The Nehmer COurt order is what control's the Earliest effective date of any AO claim.The VA doesnt control that date.

[Deceasedvethusband]

Technically ,many AO claims are 're opened' claims.

The VA is supposed to even be reopening any past denied AO claims that fall under the new presumptives.

The Nehmer COurt order is what control's the Earliest effective date of any AO claim.The VA doesnt control that date.

Thanks again Berta - that answers my question - I don't have to be concerned about the May date.

Wanted to make sure I didn't need to address it with the V.A.