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Berta

Anyone Denied For Ao

Question

NVLSP (the lawyers who won NEHMER) want to hear from you.

They want the following info in emails from any vet or widow/widower whose past claim for what is now an AO presumptive (IHD,Hairy Cell B, Parkinson's)was denied by VA in the past-

to make sure these vets and survivors get the proper retro amount under Nehmer.

Send this info to

agentorange@nvlsp.org

1. full name of veteran

2. full name of claimant (survivor)of veteran is deceased)

3. VA C file number

4. their address and phone number

5. approximate date of the initial claim for same disability that VA denied

6. the disease that was the subject of the initial claim.

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4 answers to this question

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Thank-you Berta!! We sent all this in to them in April and we also included the fact that my husband has a AICD implant. You are a great American for helping all these Vets. We have been notified his claim is under a Nehmer review, but no C&P yet. His C file is heavily documented that he has had IHD since 1994 with the same cardiologist treating him. SSDI in 2004 and AICD implant in 2004. Claim submitted and denied in 2006. Now this 60 day wait...ugh...I remember the torture of the SSDI wait, his company would not let him take medical retirement unless he was declared disabled by SS. We lived on short term disability for a year and my salary. Big cut in pay. We learned to live very frugally and we still do.

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Berta-some confusion as to whether or not I should submit spouse's AO/IHD claim info to NVLSP as I don't want to inundate them with claim info that doesn't qualify.

He filed a claim for hypertension back in 1979 when his retirement physical had evidenced hypertension and was advised to file a claim. He was told by the VA doc who did the exam that he was fine, didn't need any follow up for hypertension and the claim was denied. We were relieved, we were young, what did we know? Within a couple of months, at age 39,, he had a massive MI and three cardiac arrests, followed by four by-passes before his 40th Birthday. (Ya gotta wonder if he'd had treatment for his hypertension early on if he would have had a MI at age 39?) His medical file since the MI in 1979 is full of references to his severe IHD. He has since another quintuple by-pass. Had a VA requested C & P in March 2010 with an echo that evidenced an EF of 50%. Have not had decision from them and haven't heard anything about Nehmer, but he has not ever received any compensation, so don't know where he stand on that.

My confusion is the hypertension/IHD issue. His re-opened claim states that his claim is for: " Hypertension Secondary to Ischemic Heart Disease(Previously Denied) and Ischemic Heart Disease (Claimed as Heart Disease)(Previously Denied)".

Please advise as to whether or not you think this is an appropriate claim for nvlsp.

Thanking you in advance for any input. You ARE the AO guru and your wealth of knowledge of working within the VA system is incredible. Thank you so much for your time and effort and studying!

Lorraine

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Do I have to reopen the previously denied claim for NVLSP to help? Since the VA was to reconsider those claims (probably won't happen) is it possible that the claim is proceeding without the vet doing anything to restart the process?

Just thinking out loud,

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The VA is supposed to be searching for previously denied,but now AO claims.

I was shocked to learn minutes ago that they have pulled my SMC CUE claim (at this same VARO for 6 years already) to go into the Nehmer claims.In some cases they are seeking any mention of any new AO presumtpive in past claims.My SMC CUE claim however was a pending claim.

I filed a new separate Nehmer claim already - even though the VA denied one of my very old claims in 1998 and that was for PTSD contributing to my husband's death due to IHD and was prior to my recent SC death AO award.

I am not counting on the VA at all to properly identify all Nehmer vets and widows.

"Do I have to reopen the previously denied claim for NVLSP to help? Since the VA was to reconsider those claims (probably won't happen) is it possible that the claim is proceeding without the vet doing anything to restart the process?"

NVLSP won Nehmer. After this decision was rendered the VA began to pay Nehmer retro to AO vets and widows .But they forgot to pay MILLIONS in retro (full story is in the VBM)

NVLSP went into the VAROs and squared them away.

That was in the late 1990s.

I found some vets here over the years who I knew the VA had snookered AO retro from.

I sent those vets or posted as attachments here, the part of the Nehmer regs they needed and they sent them to the ROs and got their proper retro cash.

VA even tried to snooker me out of a very high 5 figure award due to my AO death claim.My award from BVA was in April 2009 and the RO finally released me money in Feb or March 2010.

After a battle.

NVLSP wants to hear from vets to make sure if they were denied in the past for what is now an AO presumptive that they get their proper retro under Nehmer.

I dont know what individual input they will have for anyone they hear from.

They dont want a repeat of the past whereby VA failed to honor the Nehmer COurt order as to retro payments.

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