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Nehmer Class Retro Pay For Ao/ihd Effective Date

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NSA-Saigon-ET

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Hi all,

Was rereading the Nehmer Class action concerning my AO/IHD original claim.

I am a little confused how the law reads for retro payment dates.

Here is the short background summary.

Service including in-country Vietnam from 1967-1974

First felt Angina pain in 1994 and became a patient of a heart specialist in Cambridge, Ma.

After exhaustive testing was placed on medication and have been every since. (IHD diagnosis of some type, CAD,etc..)

Veteran lost private medical coverage and requested care under VA since 1997, first as a 0% SC and later on at 20% SC.

Archived VAMC records should have the IHD condition listed. I have not requested the older archived records, but did retrieve the newer records for another issue some time ago. They also list the IHD condition. These go back to 2001-2002.

Ok, so the VA has records that confirm this disability all the way back to 1997 and I can get the records from private doctor pretty easily

that take it back to 1994.

The veteran first filed for IHD disability in 2008, which was denied.

So the veteran comes under Nehmer.

The veteran then filed again in spring of 2010 for AO/IHD.

How far back will the Nehmer class take the compensation by law?

Please state the actual sentence for this.

Thanks!

donald

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I think they will use the date of your 2005 CAD claim as EED.

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Hi Everyone,

Just a note here to close out my thread in this topic.

I received my rating for AO/IHD at the end of this March 2011 from the Waco Nehmer team.

My IHD is controlled using medication at this point so I am lucky, but still have a 10% rating w/ EED of 2003.

That gave me a nice little 11k payday and paid for my relocation to Las Vegas, NV.

It was just as I had analyzed as being a Foot Note 1 claim.

I did have a totally unrelated claim filed in 2003 for PTSD. This was at the St. Pete RO in Fl.

The Nehmer team found my VA records w/ dx of CAD and my treatment at the VAMC.

That was the earliest they could go back under Nehmer.

I did not file for AO/IHD until my 2008 claim in Houston RO. It was denied.

I then filed again in 2010 for AO/IHD just to be sure it did not get lost in the shuffle.

It is nice to have the VA actually do a good job on one of my claims.

Thanks to anyone who discussed this claim with me.

Oh, and to the vet who thought I was beating a dead horse, well it came back to life!! LOL!

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  • HadIt.com Elder

Congrats and it is always nice to hear when the VA does the right thing by a Veteran.

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YES- I remember this was a Footnote one claim.

This sounds right but if you did contact NVLSP when you filed the IHD claim- via email at their AO addy-they will be happy to review this decision for you to make sure it is correct.

This is wonderful news!

(VA can be sanctioned for major errors on these new AO claims. I wish those sanctions were in place for ALL claims)

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