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pkelly4576
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Posts posted by pkelly4576
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//How long have you been waiting for your letter??? It is such a disgrace.. I talk to some people and they tell me oh I only waited 1 year. I know that the remand took long, but with the VA admitting that my IHD was service connected I thought it would be a couple of months. I happened to stop in the RO here in Philly on 9/16/2011, for other VA business the day after my claim was rated at the BVA. I noticed that my DAV person was there and I talked to him. He look my claim up and mention that it had just gotten to the Philly office. I think that they all say they same thing. He looked on his computer but did not give me much information. He said something about 60%, but then I mention SMC and he said well we may have to send in additional paperwork. Why couldn't he just tell me what the paperwork said. It is so frustrating when you deal with the VA even the DAV. The only persons who take my calls are Bruce from the AMC and Dean at the NVLSP. Everyone else thinks they are doing you a favor.
So Sorry Coachchas-YES I remembered you posted this stuff here some time ago-sorry I asked again- I have a lot going on in my life.
"I don't know where to look fo rthe information that you want me look at about loopholes"
I hope Chuck replies-I know what he means but often the loopholes are found in the C & P or in the SOC.
I dont think you should worry about that at all.
"I do know one thing, if I do not receive what I deserve. I will be right on the phone with Dean at the NVLSP." Just remember that NVLSP's main concern is the proper EED.If they make a wrong rating, we have to appeal that, or ask for reconsideration or tell them to go CUE themselves.
I am prepared to do all three if needed and anything else I can think of (maybe even go to the press this time) and/or give testimony to the H VAC again. There should not be a lot of erros in these claims ut as NVLSP said recently- tere have been EED errors in Footnote One Neher claims.
Go to this main page for the VA and then to the site index at the bottom of this page and then to Disability Compensation and then to Historic rate charts.
The dates of the rates are listed as of Dec but applicable to the following year.
In other words say they give 100% comp rating for 1V-1S-1C in Dec 2000,it means this is the amount of comp beginning in January 2001.
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Thanks Berta... for the info.. II was told that my claim was a Nehmer claim just recently from my DAV guy here in Philly after he wrote me a NOD letter stating that they must go back to the originaly file date. I don't know if you recall but I did attach my BVA decison here awhile back and you gave me some very good pointers which I follow through with. I did post here back in July my decision from the AMC stating that my IHD was service related and they needed more infor from my doctor which I sent them. If it were not for you telling me the correct paper that my doctor had to fill out I still think that they might not have it. I have been in contact with a man by the name of Bruce Britten from the AMC who must have handled my claim and and I sent him all of the information from my doctor along with copies to Dean at the NVLSP. I have call Bruce every few weeks since July just to make sure everything goes correctly, ( don't know if it will ), but he was the only number that I had they could me me some information. I don't know where to look fo rthe information that you want me look at about loopholes.. Where is it? Also where can I find that rate table
I do know one thing, if I do not receive what I deserve. I will be right on the phone with Dean at the NVLSP.. he told me I have to wait for the decision letter.
I still don't know why my name was not on the Nehmer list...
Coachchas
It concerns me that you never received the formal Nehmer letter -then again mine came about 8 months after they had the claim.
The letter I got told me exactly what they still needed-only a probate court paper and beneficiary info.
After I sent them what they needed, they confirmed they got it and that as of April 15th ,2011 -the claim was ready to rate.
I also had Nehmer confirmation from NVLSP too.
Chuck is correct here:
"(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )
This can cause a delay, to say the least."
Anything over 25 thou requires 3 signatures but hard to even guess if this is the case here.
Have you used the historic rate chart to figure out any potential retro you could expect?
I figured out the lowest lowball amount they might award on my claim so that-if the Nehmer people call me(they have called some Nehmer claimants to tell them of the awards and retro amounts )I can raise hell- ooops I mean my disagreement to them in the same phone call and then prepare either a formal NOD or better yet ask them to CUE themselves and/or reconsider.
October has been, since I have been in the electronic vets community over 20 years-a month in which it always seemed many claims are resolved and awards are made (due to the fiscal budget I guess)
and the VA wants to resolve these Nehmer claims by this month's end.So I think those two factors are going to bring either many decisions this month that might be non Nehmer as well as the pending Nehmer claims.
Or be factors that hold them all up again.
Did you get a VCAA letter? Has NVLSP confirmed that you fall under Nehmer?
My claim has the same EED that yours has.
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I hope that they go back to the original filed date... It does fall under the Nehmer claim although I never received a laeeter stating that. If not the origianl filed date I will be on the phone with the NVLS
I'm going to make some assumptions.
1. The claim was approved, with an ED of 1994-5.
2. The retro will be for a significant schedular %
3. As a result, the retro will be above the amount that requires additional "processing".
(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )
This can cause a delay, to say the least.
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Still no news on my appealed claim that was remanded to the AMC. All I know that a decision was made on 9/15/2011. According to e-benefits my claims folder was sent back to the VA medical here in Philly. It also states on e-benefits, when I go under appealed claims that I have no appealed claims. When I called the 800 number they also told me that a decision was made on my claim and it is back in the Philly RO. They told me I should have received or will receive a notification letter soon.... that was 3 weeks ago. They are really slow. but I hope that they made the right decision on my claim which was originnaly filed in 1994 and 1995 for my IHD.
Coachchas
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07-15 557 a few of my appeals were at the AMC for remands which were on this docket. These items IHD die to agent orange have just now been rated.
PKELLY,
What was your docket # , i ask because when i called in they said they are just starting 2010 appeals .Wondering when your appeal was started ! Possibly tell everybody here where the BVA is at now with appeals.
Sgt Sandman
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How can I do that???
You can't search for the BVA case online? Maybe you can find what the board decided that way...?
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Discussion Thread Response via Email Via Email (Department of Veterans Affairs)09/27/2011 08:47 AMDear Mr. Kelly:
Thank you for your inquiry. Your appeal is important to us and we hope this information is helpful to you.
Please be advised that the Board of Veterans Appeals (BVA) in Washington, DC made a decision on your appeal on September 15, 2011.
Once we receive your claims file in the Appeals Unit, we will process your appeal with a rating decision and notification letter.
You will receive a notification letter and a copy of the rating decision once the appeal is finalized.
Thank you for your patience during the appeals processing period.
So who made the decision on my claim the AMC or the Philly RO???? It is a Nehmer claim originally filed in 1994.
Coachchas
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My question is as of 9/15/2011 on e-benefits unders Appeals is states that my claim was decided, since then I have checked e-benefits and nothing else has changed. When should I see an change under the letter generater? I call the 800 number and all they could tell me was that my case was decided on and if I am not happy I can appeal the decision. They did not tell me if my claim was decided in Philly or at the AMC in Washington. It shold be a Nehmer but who knows at this point.
Coachchas
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Don't really understand what you mean. Does it mean that they would not go by the effective date of 1994 when I first had my heart attack??? If that is the case tht I will be right on the phone with the NVLSP.
Coachchas
If you are TDIU plus 60, and qualify under Bradley Vs Peake for SMC "S", then it may not matter if you are a Nehmer class member or not, tho it could affect the effective date.
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I hope so Berta, my claim was the one that I scaned to you from the AMC decision back in the beginning of August. I still never got a letter stating that my case is a Nhemer case.
A TDIU rating plus a 60% SC IHD rating would warrant SMC at the "S" level.
Yes- Philadelphia VARO is where the AO claim should be.
VA 800# told me (this confirmed what I heard elsewhere too)- that VA wants all Nehmer claims done by end of October.
My claim there has been ready to rate since April but they have a lot of stuff to consider so I might not get a decision until November.
Your claim does not sound too complex.
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Spoke to my VSO on Friday he said my claim was sent to phila. to be rated, on the Friday that I spoke to him, 9/16/11. Yet when I checked e-benefits, under appeals it states BVA decision 9/15/11?????
It is a nehmer claim and supposedly phila is a nehmer center, so i guess when they rate me, all that is left is to notify me.but who knows how long it will take to rate me .patience is a virtue. i hope this pays off.
semper fi coach chas
. p.s. also asked about smc he said that you need to be rated at 70% for one disability i am rated at 70% for 2 disabilities i do have iu. but if i am only rated 60% for ihd i don't think i can get smc. will see time will tell what my rating is. some day i guess i will get the answer
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Appeal was for claim I put in back in 1994 for heart issues. That is why is should be a Nehmer claim. I already get IU and 70 percent for PTSD and wounds. I have een receiving this since 08.
pk,
It might even be a couple of weeks before the letter arrives.
Is the claim for additional issues other than PTSD ?
I ask because mental health (other than eating disorders)
don't cop at the 60 % level.
Mental Health comps at : 10 - 30 - 50 - 70 or 100 percent.
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Just check e-benefits and on my appeals is states decision on 9-15-11. How much longer until I receive my letter. I was at my RO here in Philly and spoke to my DAV officer and he told me that my claim just arrived there today 9-16-11. When he looked up my claim this is what he stated he also mention I would probably get 60%.. After checking e-benefits it seems to me that he probably knew, and that I my not be too happy with the decision.
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I agree Berta..., as you know my claim has been there for almost 2 years and after the decision they gave me in July I totally agree with you. I just hope now with all of the new info they get it right. According to the 800 number my claim is at the raters as of August 23rd. We will see how long this takes now.
Coachchas
Berta...
I would like to know where you got your "genuis" license, because I would like one, too. It is incredible that you got that aggravation stuff out of that.
While my 2 cents wont mean much, I would add that AMC is:
1) mostly operated by the RO
2) is the best example of why they call the VA a "bureaucratic mess"
3) Is a "black hole" where Veterans claims go in but cant escape, similar to a "roach motel".
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Called the 800 number today just to check on my claim. The person told me that my claim was sent to the raters as of August 23rd. I hope that all of the info that I sent them from my doctors and the IHD for that he filled out should be all that they need. We will see. I will keep everyone posted. Hopefully they get it right this time and go back to my original calim from 1994.
Coachchas
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Went to VA medical today after getting a phone call stating I had an appointment. I knew that I didn't but went anyway. After waiting for ten minutes, a doctor came out to apoligize and told me there was no need for me to come in. The AMC, just needed a paper filled out by the VA medical center, which was done an already sent back. I am hoping now that maybe my claim will be looked at again and rated again back to 1994. I will keep everyone posted.
coachchas
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e-benefits down again!!!!
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Yes Berta, it was a VAF-21-4138... [
quote name='Berta' timestamp='1312808934' post='253249']
OH that is different - do you mean it is a 21-4138? Statement in Support of Claim.
That is much better than someone filing a NOD at this point!!!!!!!!!!!!!!!!!!!!
I believe our member evandc might have had Dean from NVLSP too on his AO claim.No need to tell Dean of this in my opinion.
Unless he thinks a NOD was filed.
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Berta, I just realized that the VAF 21- 4148 form is a Statement in support of claim. Although I did not fill out one of these, would the recent paperwork that I sent to the person at the AMC such as the recents doctors reports and the IHD form filled out by my private doctor count as the Statement in support. Sorry for the wrong info yesterday, I must have read the form wrong. E-benefits is stating this as evidence along with another form which is just a form stating that they talked to me.
Should I still e-mail Dean from the NVLSP.
Coachchas
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Berta, I just realized that the VAF 21- 4148 form is a Statement in support of claim. Although I did not fill out one of these, would the recent paperwork that I sent to the person at the AMC such as the recents doctors reports and the IHD form filled out by my private doctor count as the Statement in support. Sorry for the wrong info yesterday, I must have read the form wrong. E-benefits is stating this as evidence along with another form which is just a form stating that they talked to me.
Should I still e-mail Dean from the NVLSP.
Coachchas
The rep should have done better then file a NOD-
regardless- fortunately NVLSP has looked into your case.
NVLSP won the Nehmer Decision and they will handle this much better than the DAV could -in my opinion.
All you can do at this point is wait and if I were you I would let your NVLSP contact know of the 4138 that was filed apparently by the DAV.
I dont use e benefits -I guess you cannot read the entire 4138 and see who filed it?
If NVLSP filed the 4138 that is one thing but if DAV did- I feel their approach was wrong.
Did you have other issues that required a NOD in addition to the IHD claim? Maybe DAV filled it out on them?
As I understood this claim, the VA screwed up if they knew you ave private treatment records and they never obtained them nor advised your private doctor to fill out the IHD medical form.
In that case the VA committed a clear and unmistakable error in the ridiculous letter they sent to you.
But without all the facts that is just my opinion here.
NVLSP lawyers are the top guns regarding Nehmer claims and wont steer you wrong.
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I think that I will soot an e-mail off to Dean at the NVLSP to let him know that there was a NOD filed. and I an not sure who filed it...
I
The rep should have done better then file a NOD-
regardless- fortunately NVLSP has looked into your case.
NVLSP won the Nehmer Decision and they will handle this much better than the DAV could -in my opinion.
All you can do at this point is wait and if I were you I would let your NVLSP contact know of the 4138 that was filed apparently by the DAV.
I dont use e benefits -I guess you cannot read the entire 4138 and see who filed it?
If NVLSP filed the 4138 that is one thing but if DAV did- I feel their approach was wrong.
Did you have other issues that required a NOD in addition to the IHD claim? Maybe DAV filled it out on them?
As I understood this claim, the VA screwed up if they knew you ave private treatment records and they never obtained them nor advised your private doctor to fill out the IHD medical form.
In that case the VA committed a clear and unmistakable error in the ridiculous letter they sent to you.
But without all the facts that is just my opinion here.
NVLSP lawyers are the top guns regarding Nehmer claims and wont steer you wrong.
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Berta, I just looked up the VAF-21-4138 it is a NOD. I was wondering if they, the VA would consider my doctors papers and new VA form for IHD a NOD. I did not fill one out for my most recent decisons from the AMC. Unless my rep from the DAV filled one out.
Coachchas
pkelly-it might mean the VA will CUE themselves on that ridiculous letter you got and re adjudicate your claim.
I expect that to occur.
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Just seen this on my e-benefits page under the evidence.
I hope that this is because I sent my recent doctors papers and also the IHD form that he filled out for me. The NVLSP also has a copy of this.
Does any one know what this means.
Coachchas
VAF 21-0820 - vet request heVAF 21-0820 - vet request heart condition under the new agent orange guidelines. VAF 21-4138 - vet like the status of his claim. - VAF 21-674c -
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GREAT!
Most of the AO awards are being done right but yours was certainly done wrong.
[/q
Thanks Berta,
I am faxing the form back to Dean this morning. According to his e-mail, he said that it may take a few months just to get copies of my records from the VA. I am only hoping that once the VA sees that the NVLSP is involved in my claim things will get dont a little quicker. I am wondering about the time frame now....
Thnaks Coachchas
Still No News
in VA Disability Claims Research
Posted
My benefits states the same thing. My claim was remanded to the AMC and a decision was made back in July. The decision stated that my IHD was service connected, but they granted 0% until they received more information from my doctor and also a VA form for heart diease. I just hope that they get it right this time. The AMC, DAV, and NVLSP received all of my paperwork. I did not want to leave anything out. According to IRIS they stated that once it is received in the Appeals unit all paperwork will be completed. Who knows it is anyones guess.
Coachchas