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My Iris Response-
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Berta
(My August 4 th 2010 IHD claim per 800 # did go to Togus in late August but they are checking that one per this Iris.
The claim they are mentioning here that is in Philadelphia on appeal is my SMC accrued CUE claim. That has been pending since 2004 .The VA is right in that the IHD CUE claim must be resolved before the new IHD claim and as I stated in the Togus IHD claim- a proper award on the CE will render the newer claim moot.)
Has anyone else been told their AO claim is being handled in Phila or Togus?
"This is in response to your inquiry to the Department of Veterans Affairs dated November 6, 2010, regarding your appeal.
Our records indicate your claims file was transferred to the regional office in Philadelphia. Since your appeal involves accrued benefits for a heart related condition, it may be affected by a court decision made in Nehmer vs. The Department of Veterans Affairs. Nehmer refers to a class-action lawsuit against the Department of Veterans Affairs (VA) by Vietnam Veterans and their survivors (referred to as Nehmer class-members) who alleged that VA had improperly denied their claims for service connection for disability or death benefits caused by exposure to the herbicide Agent Orange in service. The United States District Court for the Northern District of California ruled in the Nehmer case that a VA regulation, issued in 1985, was invalid and voided all prior VA decisions that denied benefits under that regulation.
VA is currently reviewing cases in which Veterans previously filed claims for any of the new presumptive conditions (ischemic heart disease, Parkinson's Disease, hairy cell leukemia), and were denied benefits. The review is taking place to determine if retroactive benefits should be paid based on the new regulations. VA has proactively identified cases involving these conditions, and set them aside for review. Your case appears to be one of the cases that could potentially be affected, and is awaiting such a review.
Both the regional office in Philadelphia and Togus are cities handling Nehmer cases. Since your file is currently located in Philadelphia, we recommend you submit any additional evidence you may have to support your appeal to this office. We have provided the address below, for your information. At this time, we are not able to provide you with the name or contact information of a specific person handling your appeal, or Nehmer review, as security protocol does not permit us to do so. We apologize.
We have forwarded your inquiry to the regional office in Philadelphia, as we were not able to locate a claim dated August 4, 2010. We have requested your claims file be reviewed, to determine if your claim was received. It is important to note, typically, if there is an appeal pending and a claim is filed for the same condition, the claim will not be able to be processed until the appeal is completed. We have requested the regional office provide you with specific information regarding this matter. Please look for a response from the regional office soon.
Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.
Sincerely Yours, "
As soon as I get the additional response I will know if I have to send my medical evidence to Phila as it all went to Togus with the new IHD claim.
I am quite thrilled that Buffalo RO ( the AOJ)-is not handling these claims.They have read none of my legal evidence for my CUE since 2004.
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