pkelly4576

Thanks Berta for all of your imput.. Yes is was awarded 70% service connected in 2008 Rated as having a total disability permanent in nature resulting from service connection and assigned a total disability rating for compension based on unemployability. This was before the Nehmer cases came into play. What I did find when looking through his 1994 denial letter for his IHD claim was: entitlement to service connection for PTSD rate at that time 10% entitlement to service connected pension not established REASONS AND BASES service connection is established for PTSD is assigned based on psychoneurotic symptomatolgy productive of mild social and industrial imparment I know in my heart that this is why he could not hold down a job for longer than 2 years. pkelly

Berta, he is keeping his options open. Right now we just put in the dependent papers for my 3 children. They were all under 18 back in 1993 and the VA did send dependent papers along with their decision letter. He just handed them in on Wednesday. He had them stamped and I see the claim receive on ebenefits. Two of my three children whet to four years of college, so I don't know if they are entitled to any Educational benefits. My husbands is just thinking out loud for now, he dont want to messed up the dependent paper for now. As for the answer to your questions He did receive 10% for his PTSD back in 1993, it was not up to 40% until he put in another claim for it back in 2006, granted the 40% more and his woulnd and tinnituis were defered. In 2008, his was granted 70% and was awadred TD IU and was paid at the 100% rate. After his 1993 heart attack he was not able to go back to his original job in construction, so for almost 4 years did not work. He did work in maintenance at a couple of places but never was there more than 2 years because of his PTSD. He received SSA after he applied in 2007 Like I said he is just thinking out loud for now, he knows that he has 1 year. Why do you think that he did not receive the SMC. He is really on his own here, his DAV officer here in Philly is useless. He still has not contacted my husband as to his award. When my husband handed the dependent papers in on Wesnesday he wasked right by him. One time he even ask my husband why are you here??? This was back in June of 2011, I know one thing if it were not for this message aboard and other VA info boards my husband would still be waiting. That is why I posted the question here... pkelly

Opinions needed, wanted to give you an update on my husband's claim because you have helped to answer alot of questions in the past. My husband got his Nehmer award this week retro- 152,000 since 1993. If it were not for the help of all of these message boards and the NVLSP I really believe he would not have gotten anything. He was granted 100% ffrom Sept 93 till Oct. 94 60% there after No SMC In 2008 he was granted 70% 50 for PTST, 10 for Tinnituis, 10 for wounds He was disappointed that he did not get SMC or more years at 100% but at least he got something. My question to you is he was thinking about applying for IU back to 1993, he did hold a couple of small jobs but was never stayed long because of his PTSD Any opinions

This may sound like a dumb question but on my Ischemic Heart Disease Questionnaire my doctor filled in under diagnoses 1 CHRONIC ISCHEMIC HEART DISEASE 2 CHRONIC SYSTOLIC HEART FAILURE 3 HYPERTENSION W/CHF My question is: to be rated at 100% there must be chronic congestive heart failure ot workload of 3 METS or less My METS now are 5-7 according to his paperwork but it under conditions it does not say CHRONIC CONGESTIVE HEART FAILURE. Pkelly4576

Just checked e-benefits and it is states: Administrative review closed - -Decision letter sent Compension - closed Decision letter sent Development letter sent Dependency - Closed Decison letter sent All say appeal possible Looked at the letter generator and it states 90% I was getting 70 % already since 2008 50 for PTSD and 20 for Wounds Don't know what the extra 20% is for The monthly payment did not change because I was already receiving the 100% rate for IU. Where is my Nehmer claim???? As I stated before I was denied in 93 and 94 for my heart attack. Even the NVLSP sent me a letter stating that they sent the VA a letter on my behalf stating that I should be a Nehmer and I should receive payment from 1993. Really bummed. Don't know what to expect. I hope that my mail comes early tomorrow. My only hope is that the Compension claim is different because it states Development letter sent Not going to be able to sleep tonight Coachchas

Just checked e-benefits and it is states: Administrative review closed - -Decision letter sent Compension - closed Decision letter sent Development letter sent Dependency - Closed Decison letter sent All say appeal possible Looked at the letter generator and it states 90% I was getting 70 % already since 2008 50 for PTSD and 20 for Wounds Don't know what the extra 20% is for The monthly payment did not change because I was already receiving the 100% rate for IU. Where is my Nehmer claim???? As I stated before I was denied in 93 and 94 for my heart attack. Even the NVLSP sent me a letter stating that they sent the VA a letter on my behalf stating that I should be a Nehmer and I should receive payment from 1993. Really bummed. Don't know what to expect. I hope that my mail comes early tomorrow. My only hope is that the Compension claim is different because it states Development letter sent Not going to be able to sleep tonight Coachchas

Claim just went to Pending decision approval... Hopefully not too much longer Coachchas

Well Berta, when I filed my original claim in 1993 after my heart attack I am not sure if I was asked about dependents. At that time I had my wife and my 4 children under 18. I did not evn know that I was rated 30% non compensional until the NVLSP told me. I neven got a letter stating that. All I receive back then was a denial letter from the VA, which I still have. Hears hoping and thanks Berta for the rate table... Hoping I am rated greater than 30 % but I will have to wait and see. Coachchas

Thanks Berta, Well as of now we did not hear anything. So I am assuming that we shouldget some form of paper for dependents. I do know one thing and that is if it were not for thi web site, I really would not have know what to do sometimes. There is so much information here, mush more than your rep tells you. Coachchas

I hope so Susan... I told my husband that we should hear from the VA for the dependents issue.. According to e-benefit, which I know is not areliable there was an Administrative review on Feb. 22, which stated claim received and when I looked on Friday March 2nd, it states decision pending. Don't know if this is the Nehmer claim or not. I am assuming it is because we have not put in any other claim... Coachchas

Wanted to let everyone know the the NVLSP, sent me a letter this weekend, stating that the VA was not in compliance with the Nehmer decision when they made my decision back in July stating 0 percent for CAD, even though in their decision it stated that my CAD was service related. I have been back and forth with the AMC and the Philadelphia regional office since then so I am hoping that now with the letter from the NVLSP the VA will be deciding my claim soon. According to their letter the VA must decide on my case by June, 2012 and I must be paid by July 21, 2012. Hopefully this is the end of the road for me. The person at the NVLSP told me that my claims file was very large. They also told me that when I originally file for my CAD claim back in 1993 and again in 1994, they granted me 30% disabling but non compensational.I was discharged from the hospital with a diagnosis of cardiogenic shock secondary to acute anterior mycardial infarction. A VA examination on Nov 16, 1993 also gave me a diagnosis of CAD At that time back in 93 my ejection fraction was 36%. In May of 1995 I was given an Agent Orange examination also with a histoy of CAD denied again at 30% disabling. Sorry to rant but my question is, I know now that they will go back to the orginal date, but I think that with an ejection of 36% I am hoping to be granted 60% or higher. At the time of my original file date I had 4 children under 18. I now receive 70% IU since 2008 for my post tramantic stress and loss of hearing. Any imput would be helpful. PS I was looking for a rate table for back in 1993 but was unable to find one Simper FI Coachchas

If the VA has a target date for your claim to be completed is that just a farce???? Coachchas

Hi everyone... Hope all of you had a great Thanksgiving.. My computer has been down so I have not been on this site in a few days. Just wanted to let everyone know that I was at the Philly VA regional office on Friday and had someone there look up my claim and he told me that there was a target date of December 15 for my BVA decison and appeal. He also gave me a name of someone to call just in case I don,t hear anything by the 15th. I hope all goes as planned. lol... When I look on e-benefits now there is a claim under Compension with a date of November 15, 2011. It states that I am in the decision Phase . I hope this is my Nehmer claim. Will keep all of you updated. Coachchas

Just checked e-benefits to see if there was any movement on my BVA decision from Sept . 15 and noticed a new open claim under compension and pension dated 11/15/11. Here it was it states: Details on your Compensation claim received on 2011-11-15 Regional Office of Jurisdiction: Philadelphia Power of Attorney: DISABLED AMERICAN VETERANSStatus: Decision Phase Next Steps: Your claim is currently located with our rating activity. We will review it to make sure... we have everything we need to make an informed decision. If we have everything we need, we will prepare a proposed decision on your claim. The length of time it takes to complete the Decision Phase depends on several factors, such as the type of claim filed, complexity of your disability(ies), the number of disabilities you claim, and the availability of evidence needed to decide your claim. The Decision Phase is completed on most claims between 16 and 28 days. The number of days provided is a national average of time claims spend in the Decision phase based on data at the end of May 2010. Please be advised that a claim may take longer in this phase based on the specifics of your claim. Could this be my BVA appeal???? Coachchas

Chuck I did give them permission back in July when I received a letter from the AMC stating 0 percent on my remand for IHD. I had to send more info to the AMC along with a doctors paper with my mets and Left Vent. My AMC decision is on here somewhere. That is when I contacted the NVLSP. As for my name being on the Nehmer list it is not, why... I do not know. I filed for and IHD claim back in 94 adn 95 when I had my first heart attack. I just wish that someone would tell me the truth. Everyone you talk to Peggy , IRIS etc has a different story. My DAV officer has yet to call me back after 2 phone calls and 2 emails. This was over two weeks ago. I am totattly disgusted. Coachchas quote name='Chuck75' timestamp='1321478679' post='263327'] Assuming a Nehmer class member, when you give NVLSP permission, they can request a copy of the claim file. They are then entitled? as the class action lawyer to review it to see that the VA did or didn't comply with the law and the court order. This is advantageous to the veteran, mainly because the VA really, really doesn't want to get into what happens when/if they have to "explain" why the in compliance.

Berta, any thoughs on why Dean at the NVLSP would have my claims folder when I have not even been notified yet. I did fill out in the summer allowing him to look at my decision once I get it. Coachchas

I call peggy again yesterday to no avail. No info, he really was not helpful. Tried to get in touch with my DAV officer here in Philly.... not there. He still did not answer my email from 2 weeks ago. I understand that these guys are busy but all I want is an answer as to why I am still not notified of my BVA decision of SEpt 15. I decided to call Dean at NVLSP.. He told me he just received my claims folder and would get back to me in about a week after looking through it. I was so upset with no answer from Peggy and IRIS and DAV. that I did not ask him why he had my file. This is certainly not good for my PTSD. Any thoughts on why he would have my folder????? Would like to know something.. Coachchas

If the BVA made a decision on my calim on Sept. 15, 2011... would I be able to look it up in the dockets even though I was not notified yet.... Coachchas

I decided to email my DAV officer at the Philly RO to see if he can get any information on my BVA decision of September 15, 2011. I hope he gets back to me , because IRIS and ebenifits is useless. They say that patience is a virtue, but this is ridiculous. Coachchas

Berta, I too have learned alot from your posts. If it were not for your help, I still would not have the form that was needed for my doctor to fill out. This is a great web site with alot of material and knowlage to gain. I am grateful for all of the answers to my many posts, and I hope to post soon when I get my award letter. Semper Fi Coachchas

I already get IU. I am rated 70% IU since 2008. This is for PTSD and damage to my eardrums. I also the AMC this morning and spoke to a man that had called me several months ago about my claim and this is what he said in a nutshell. Spoke to the people at (amc) they told me they rated my case as of sept15th and i was granted full grant. They also told me my file was sent to Phila. at the nehmer center there, after they write my case upIi should be notified. I don't know how long it takes for the nehmer center to due this. Also, according to the (amc)a full grant means you would get the most you can get for the disability you are applying for.( don't know about this ). So the most you can get for IHD is 100%? According to them I was rated at a full grant, we will see. My question is, once at the nehmer center how long does it take to receive notification, and after notification how long for the money to arrive. Hope it comes before Christmas. Semper Fi Coachchas

What does that mean????

Got this letter in the mail yesterday. We have received your application for benefits. It is our sincere desire to decide your case promptly. However, we have a great numbers of claims. Action on yours may be delayed...We are now in the process of deciding weather additional evidence or information is needed. If we need anything else from you, we will contact you, etc, etc,... Are they for real, My BVA appeal has been in the system for years.. According to IRIS and e-benefits and speaking to someone, my claim was decided on 9/15/11. Last I heard, it was in the Philly RO waiting to be processed. Does anyone know if this is just a form letter that is sent every once in a while. Now really confused and angry.. Coachchas