dizzyliz

We just received the big brown envelope from the VA. I have no clue what they are telling me.Their letter states: 1. They determined that my dad had filed a previous claim for coronary artery disease during his lifetime. 2. They did a special review under Nehmer. 3. The determined that we are entitled to retroactive compensation. What we Decided: Service connection for cause of death granted. Basic eligibility to Dependents' Educational Assistance is established from 11/2/1980. (The date of his death). We couldn't approve your claim for accrued benefits. You are entitled to Additional Benefits: We have enclosed VA Form 21-8765, Service Connected Death Award Attachment (This is a form that does not say anything about the amount of the award, nor does it request additional information). We havce enclosed VA form 21-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by surviving Spouse or Child (not enclosed). You and your dependents may be eligible for Dependents Education Assistance. VA Pamphlet 22-73-3 " Summary of Education Benefits and VA Form 22-5490 were enclosed. I do not understand. They say they couldn't approve accrued benefits. But, They want me to complete an applications for DIC, Death Pension and Accrued beneftis for surviving spouse or child. Then they don't even included the application. I have a call into the NVLSP.

Thanks Berta. My dad retired in 73 or 74. He had a heart attack in 77 and at that same time found the lung cancer. He and my mother, who is deceased, filed a claim with the VA for both diseases and the claim was denied in 78 for no SC. Unfortunately, all of the medical record from the private hospital have been destroyed. I ordered the VA records from the record center and received a letter back telling me that they were all forwared to the VA. I have been in touch with an atty from the NVLSP. He was unsure of what the VA was doing because the dates were prior to Nehmer. I have forwarded the recent letter from the VA to him. I just thought it was strange that all they wanted was our SSN's.

Just received a brown envelope advising that VA is working on my dad's IHD claim. Dad was USN in Vietnam 68-70. IHD discovered in 77 along with lung cancer. He died in 81 of brain tumor resulting from the lung cancer. VA contacted us re Nehmer claim. We have submitted everything we have and they ordered his records from Record Center in MO. The letter we recently received indicates that VA is woriking on his claim, but all they have asked for is my brother and my Social Security Numbers. If they needed more evidence of my dad's claim wouldn't they have asked for that too?

Berta, I am almost positive no other claim was filed. Do I have any recourse?

I just spoke with the new nvlsp handling our case. I told him the following: Notified by VA that we have a potential Nehmer claim for IHD. VA assigned effective date of 7/10/10. Dad served in USN in Vietnam in 68-70. His ship, Dubuque is on the list. He retired in 1974. 11/77 Dad suffered heart attack, diagnosed as coronary artery disease with angina; also diagnosed with lung cancer. A claim was filed with the VA (date unknown) 5/15/78 VA denied claim for coronary artery disease and lung cancer because their inception was not within 1 year after active military discharge. 11/2/80 Dad died with cause of death, repiratory failure due to cerebral metastasis due to lung cancer. Mom died in 2008; my brother and I are only survivors. I understand that lung cancer was added to the AO list on 6/9/94. IHD was added on 8/31/10. When I spoke with my new nvlsp attorney, he said that our claim would probably not qualify because the claim was not pending or denied between 9/25/85 and 8/31/10. He also told me that there was nothing he could do until VA made a decision. Since the claim was made back in 77-78, does that mean it is not a Nehmer claim? If so, do we have any recourse since the lung cancer and IHD are now AO connected? Since VA nevered notified us that lung cancer was added in 94, how were we to know this? I would appreciate any help on this. We were unaware of both of these facts until VA contacted us.

My brother got and LVAD, It changed his life. Most of the symtoms of his CHF were gone. This is a miracle device. Good luck to you.

I stand corrected. Since my dad's claim in 1977 was not denied or pending on or after Sept 25 1985 they would not be considered Nehmer claims. Thanks Berta.

I have read the Nehmer training manual. See page 12- As I understand it, a Nehmer claim means that the first claim of service connection for the condition at issue was received BEFORE the condition was added to the list of AO related disabilities AND the effective date for the grant of service will also be BEFORE the condition was added. The VA assigned the effective date of 7/31/10 which is for the IHD which is prior to the date it was added to the list on 8/31/10. My mom is no longer with us, so I don't know for sure if she filed a claim for DIC, but to the best of my knowledge she did not. So, my dad filed a claim for lung cancer and IHD in 77. This is prior to either of these diseases being added to the AO list. According to page 12 of the Nehmer because his claims in 77 were both made before they we added to the list (lung cancer-1994 and IHD 8/31/10) his claim is a Nehmer claim. My concern is, that he died as the result of his brain tumor. This is not on the AO list. If this was primary cause of death, then will they deny claim of IHD? Also since lung cancer was added in 1994, and claim for lung cancer is prior to the date it was added, do I have to file a separate claim? I have contacted NVLSP, and they say my claim is complicated and that I need to wait until VA makes a decision and they will review from there.

My father, a Vietnam Vet was initially diagnosed with IHD and lung cancer in 1977. After undergoing years of treatment for both of these diseases, my father developed a brain tumor that ultimately took his life. I was contacted by the VA re: Nehmer on Jan 21, 2011. In that telephone conversation the VA mentioned his lung cancer and not the IHD, one of the presumtive illnesses now granted service connection under Nehmer. The VA gave us an effective date of 7/31/2010. My parents made a claim to the VA in 1978 for the IHD and the lung cancer which was denied. As I understand Nehmer, they will review my father's case and possibly grant retroactive benefits, but only as far back as the effective date that they assigned to his claim. My question is, will they consider the fact that he had IHD and lung cancer? I believe the primary cause of death is the brain tumor. Since the VA does not recognize the connection between AO and brain tumors, will they deny the claim even though lung cancer was connected in 1994 and IHD on 8/31/10?

I have read the Nehmer training manual. As the surviving daughter, if they pay me anything would that be DIC benefits? If so, what are these benefit? From what I have read it sounds like this is a one time lump sum of $750. Or will it be a a monthly benefit retroactive paid from the date of the claim the VA assigned to our case? Also will my brother and I be entitled to death benefits?

This is taken directly from the Nehmer Training Manual: ELIGIBILITY REQUIREMENTS FOR RETROACTIVE PAYMENT PURPOSES If a Nehmer class member is entitled to disability compensation for a covered herbicide disease, eligibility requirements must be met. The eligibility requirements are: · The Veteran served in the Republic of Vietnam; and They have applied, were denied, or a claim was inferred (by class member or VA) for benefits for one of the three new presumptive conditions between September 25, 1985, or a date prior to September 25, 1985, if the claim was pending or on appeal on September 25, 1985, and August 31, 2010, the date VA published the final regulation; and They are diagnosed with one of the presumptive diseases, or a disease that reasonably may be construed as a covered herbicide disease My father made a claim in 1977 for heart disease and lung cancer. The VA denied it as not being service connected on 5/15/78. Does that mean his claim does not meet the eligibility requirements for Nehmer? His claim was denied before 9/25/85 and there was no appeal pending on that date. When I contacted the VA they told me they had assigned a claim date of 1/31/2010. Does this mean that retroactive benefit will be paid, if at all, from that date?

Thanks Berta. What is NVLSP? Do you have a website address?

I am the daughter of a Vietnam War Veteren. My father served at least 2 tours between '68-'70 on the USS Dubuque LPD 8. He retired in 1974. In 1977, he had a heart attack at the age of 41. At the same time they discovered that he had lung cancer. Within a one year period he had a malignant tumor removed from his lung, underwent chemo and the who works. Then he had to have a triple bipass on his heart. From that time on he was disabled and unable to work. At sometime during this period he and my mother filed a claim with the VA. On 5/15/78, the VA denied his clailm. He died on 11/3/80 at the age of 44. I have been contacted by the VA telling me that his conditions are now presumed to be related to agent orange exposure and that my brother and I may be entitled to retroactive benefits. They want medical records from over 30 years ago. I contacted the hospital where he was treated and told that they destroy all medical records after 7 years. How am I to provided evidence of his treatment for lung cancer and heart disease. The VA denial letter acknowledges that those were the conditions he had, but that they were not service related. Now over 30 years later they say they are service related. My question is, what happens if I cannot provide the medical records from where he was treated? Also, how far back would the retroactive benefits go since they were not paid since the VA denial on 5/15/78? Anyone who has any information or could direct me to someone that could help would be appreciated. I've tried talking to the benefit counselors at the VA and they will tell me nothing.