Huh? Ihd And Ao Eed Claim

[stillhere]

I know I know. I have been at this a long time and should never call the 800# but I guess I just needed a laugh or nothing to do. Anyhow I have a claim in for an earlier effective date for my heart disease and with them finally sometime or other putting IHD as presumptive. I thought this would be a good time to get my heart disease with a start date other than the one I have now which is the date I had my Heart Attack Oct. 24,05.

I always thought that was rather stupid on my part to accept that from the VA but hey I had other things (like staying alive to worry about)!

Back in Oct. of 09 when they said it was going to be added I filed for an EED and of course the VA screwed it up and thought I was filing for an increase which turned out pretty good actually but I was still ticked that I have not gotten my EED correct. So when they did award me 100%P&T they asked if I still wanted to claim an EED? Well I said yes and they started a claim for me in March I think.

Anyhow no harm done because I am arguing that I had heart disease back in 03 when I first filed and that their testing just was not significant and almost ended up killing me.

Back to the 800 call, I had sent in an Iris and got some kind of cryptic answer so I asked again where was this claim status wise. I was really hoping to get them to send me a letter or tell me it was on hold until the new regs come out because it would fall under Nehmer. No such luck! When I called today the guy told me it was at the rater and has been there since the 13th!! Well I said are you sure and he said YES is there anything I can help you with??

Just proofs once again to those that don't believe it but calling the 800# is a Waste of time??

Still hoping for Nehmer and an answer to my Iris!!

Good luck all and if anything new is going on let us know for the good of ALL VETS!

[stillhere]

Well I got an answer from the VA somewhat in the form of a letter. My claim for an earlier effective date the VA appears to be treating as because of CAD.

Now I clearly stated that I felt my claim should be in the nehmer batch and qualify.

Wonder if I am going to have my denied claims looked at for IHD or not??

I had an LVE back in 2002 when I was denied and they also stated in the appeal that I had hyperlipidemia so I wonder what is going on here.

Any opinions on this?

[N4XV]

 Stillhere

You filed a claim in 2002 for CAD ( CAD is IHD ) or maybe it was inferred and it was denied. It makes no difference what the reason you stated in your claim for SC. You filed a claim for CAD/IHD it was denied. IHD is now a presumed AO condition Therefore you fall under Nehmer class member and you are entitled to retro back to your first claim. I just don't see a problem for you here.

[stillhere]

The answer finally to an Iris I sent:

This is in response to the inquiry you submitted on August 11, 2010, to the Department of Veterans Affairs, regarding your appeal.

At this time we are currently waiting for the regulations regarding these new presumptive conditions to be released. In order to add this disease, we must follow a series of legal requirements, including publish a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requirements have been met. When the process is complete, we will make a determination on your claim and provide you with a notice of our decision.

All claims handled under "Nehmer," will be given the appropriate effective date and paid out the amount they are entitled to. If you were to pass away before a decision is rendered on your appeal, your surviving dependents, or estate would then be able to apply for accrued benefits. If granted, they would then be paid the amount you would have received had you not passed away.

If I read this right in this case they still have not decided if I am part of Nehmer or not.

Wonder how the appeals will be handled?

Good Luck all!

[N4XV]

The answer finally to an Iris I sent:

This is in response to the inquiry you submitted on August 11, 2010, to the Department of Veterans Affairs, regarding your appeal.

At this time we are currently waiting for the regulations regarding these new presumptive conditions to be released. In order to add this disease, we must follow a series of legal requirements, including publish a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requirements have been met. When the process is complete, we will make a determination on your claim and provide you with a notice of our decision.

All claims handled under "Nehmer," will be given the appropriate effective date and paid out the amount they are entitled to. If you were to pass away before a decision is rendered on your appeal, your surviving dependents, or estate would then be able to apply for accrued benefits. If granted, they would then be paid the amount you would have received had you not passed away.

If I read this right in this case they still have not decided if I am part of Nehmer or not.

Wonder how the appeals will be handled?

Good Luck all!

No Stillhere, the way I read it is they are handling it under Nehmer. You have a past IHD claim that was denied. By law it has to be handled as a Nehmer class member claim. We still have to wait for the CRA hurdle then the decisions will start flowing.

Edited August 31, 2010 by N4XV