Head Nehmer Coordinator

[Berta]

In trying to a status on my CUE claim, which was an exercise in futility,(it is in 3 separate places per VA -in PA, DC and Togus Maine per their PC- maybe Buffalo farmed it out)

I asked what the PC said regarding my new AO IHD claim ( hoping they in fact could verify they got it).

They received it and sent it already to the "head of the Nehmer Coordinators" in Philadelphia and said I could expect a letter soon.

Anyone else here told anything like that?

[Donna]

My husband received another VCAA "Nehmer Review Packet" he was to add any new evidence to support his claim filed and denied in 2006 and return it and a declaration of dependent status to the Nehmer Division at Muskogee Oklahoma RO.

[stillhere]

Berta, I just received the below response from a Iris about Nehmer. It seems as usual they are telling many of us different things?? I just don't get it?

From Iris:

We have received a response back from our Roanoke Regional Office, advising your claim for CAD is being handled as a Nehmer Case. You will be advised when the claim has been completed. We appreciate your continued patience as we process your claims.

One other thing they are still messing with calling it a CAD claim?

By the way I have still not received anything from the RO in writing!

[Donna]

That is good news that you have been notified you are a Nehmer case. We received the same notice per Iris and about 2 weeks later, received a Nehmer packet asking for a VCAA ( any new evidence) and a dependent status update. We were told to return it to a Nehmer Division in Muskogee OK.

[Berta]

I have been given such messed up info from 800# over the 20 years- that I dont base much on what they say- however I did email the AO person at NVLSP web site last week and received this yesterday.

"Dear Ms. Simmons:

Thank you for your email. The National Veterans Legal Services Program will ensure that the VA reviews your case to determine your eligibility for retroactive Agent Orange-related benefits. The VA published its final regulation adding ischemic heart disease, Parkinson’s disease, and B cell leukemias to its list of Agent Orange-related diseases on August 31, 2010. Before benefits can be paid, there is a two month Congressional review period. After the review period, the VA will begin finalizing decisions in cases such as yours regarding entitlement to retroactive Agent Orange-related benefits. As this process may be lengthy, please keep us informed if your contact information changes. Additionally, please let us know when you receive a decision from the VA regarding your eligibility for such benefits.

Sincerely,

National Veterans Legal Services Program"

This doesn't really say much except it says NVLSP will "ensure" the VA reviews my case.

They ask in their email form at NVLSP site for any dates of past claims for IHD that were denied.

I haven't found the exact date yet of my past denied claim but gave them hyperlink to one of the BVA decisions I had regarding that denial.In 1997 I think it was.Need to find it.

The 800# again verified that my IHD claim mailed on Aug 4th was at Nehmer offices in Phiadelphia, as of Aug 10th along with my SMC CUE claim sent there on Agust 16th but I have not received anythng from the VA at all.

[Berta]

PS= my AO claim situation is unusual as it was a FTCA matter years ago which NVLSP is aware of (told me it was a first of it's kind many years ago)_ so I think the statement"this process may be lengthy" is only due to what they know of my specific situation and would not apply to most other IHD claims at all.

I expect another battle-

but I sure do expect to prevail.

[stillhere]

I honestly do not know why we both have not received said Nehmer packets from the VA but I think I will send theses guys you speak of NVSLP and see just what they can find out.

I am also told by Iris that this claim for EED is at the rater's and was waiting for the new rules. But they have been posted so it should see some movement of some kind. I asked for 60% based on the LVE reading of 50% but of course my denial said that there was no heart disease and not that it was just not SC. So I am fighting a double edge sword.

If they do service connect then there is know doubt that it will go back to 2003 where in there denial they said while I was experiencing angina they have doing just a walking stress test could not say why but that I was being treated and taking meds for hypertension and cholesterol.

The simple way and what I am hoping is that they face up to the fact that the testing was insufficient at the time and in fact almost killed me in 2005.

I plan on staying with this as long as it takes. I am 100% for my heart now so I am watching my stress level while they play their shenanigans as I would tell all vets waiting them out. If at all possible try and keep control and at ease, do not let them win by killing you!

By the way I have heard back from the committee having the hearing on the 3 presumptives and they will not grant me the opportunity to ask a question or make a statement at the hearing. I am weighing if I do want to attend this hearing and have to use the public transportation system and have to walk quite a ways (or taxi) when all I will be able to do is observe.

Understand it will be televised so might have to treat it like football games and stay home.I certainly hope for all the Vietnam vets to be able to put this behind us with a win in the next few months!!