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artlouis

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Everything posted by artlouis

  1. I like the ability to see all the documents you upload!
  2. Received my award letter 90% with explanations for each percent rating except for one. Had my C & P exam back in January by MSLA,, a priviate clinc. For peripheral artery disease (left & right) it says: "The issue for compensation for peripheral disease, left lower extremity is deferred for the following information: an addendum to the VA exam." Anybody know it means? Thanks
  3. I received the same wording after NVLSP requested a FOIA/Privacy Act request for my C-file. They list it as a "Claim."
  4. I contacted NVLSP, was told the RO not sending AO confirmation was not unusual today, in 2014. They will take my claim, if by October, the matter is not close to resolution. They see it as an "open and shut case." Thanks for the case, I missed that one. My pension disability code was 7005, IHD.
  5. Hello Berta, You and I traded postings sometime back, the topic was "Nehmer Pension?" on this form. Since our conversation, I've spoken with other vets who've received compensation retroactively back to their NSC filing. One vet had a great deal of trouble with his RO to recognize his claim as an AO Nehmer until NVLSP represented him. I was just wondering if this vet's problem was an unusual occurrance, or typical with the VA. I sent an email to NVLSP requesting clarification, and will send a certified letter to my RO requesting same. I have to assume, they have the same overwhelming evidence I served in VN (65-66) as I do, including a hospitalization there, personnel file, C-file, etc.
  6. I have a AO Nehmer claim with the Los Angeles RO. On Ebenefits, it looks like my case will soon be going to "review of evidence phase." I receive the usual boilerplate letters from the RO re: "processing your claim." I have yet to receive any notice that my claim is being treated as an AO Nehmer. I made an IRIS inquiry, their reply stated: "According to our records your claim is being processed under the normal (claim for increase) process." I don't know how it can be a "claim for increase" on a claim that never existed before. Has anyone ever filed a AO Nehmer and had the VA fail to notify them of their AO Nehmer status while the claim was being processed? Thanks
  7. What does it mean when a health care provider's name is removed from the list of "What do we still need from others." I assume VA is satisified with the info received from that provider, so they were removed from the list?
  8. .Berta, Thanks for clearing that up. I'm going to wait 10 days or so and see if NVLSP returns my call, if not. I'll email them. I want to thank you for your valuable info and ideas. I'll see what happens from here, and post from time to time as the need arises. Art
  9. Berta, Thanks for your continued interest in this matter. I am on ebenefits and myhealthevet, just checked and my pension "claim" is closed with an info letter on its way. I contacted NVLSP a few days ago for a telephone callback, yet to hear. I don't know what an "addy" is, but if you have their email address I would appreciate it. Just to make clear from your postings, if I understand. Was your NSC claim the result of just that filing, or was it for both SC and NSC, with the SC denied and then NSC awarded with it eventually becoming SC retroactively? I ask, because besides anecdotal evidence, I haven't heard or read anyone receiving SC from strictly a NSC pension. I've looked at BVA & a few CAVC cases to no avail. I've looked at the NVLSP Veterans Benefits Manual (2013) at 8.7.2.1, What Counts as a Disability Claim for a Table 8.1 Disease, and it seems a little fuzzy. The VA Nehmer Training Guide also seems ambiguous to me.
  10. I was Army in Germany when I volunteered to go to Vietnam. They wanted demolition, medics, or radio men. I was a radio man. I became aware of the Nehmer lawsuit a few months ago and then read the Nehmer Training Guide (2011). On page 33, it discussed TDIU. I didn't have my C-file or personnel records at the time, but I had already filed an informal claim with the Los Angeles RO in December. As you suggested, I filed a 21-8940 and a support of claim form. Seemed the easiest way to go, having never been employed after my 1991 rating. No reams of medical records or evaluations needed. My SSA and IRS records would provide proof. I looked at it as reopening my 21-526 for pension claim. About 2 months later I received a response from the VA, not from the LA RO but St. Paul. I know the PMC for the west coast is in St. Paul, and my "claim" was not being treated as a Nehmer. I scheduled a phone call with St. Paul. The day before the scheduled call, a "Terry" from the PMC called me regarding my 21-8940. We talked about what I was trying to do. He said I needed to file a new claim, there had been confusion at the LA RO, and he was sending my paperwork back to them as a Nehmer for processing. But not to do anything until I heard from the LA RO. That's where I sit. Any ideas would be welcome.
  11. Forgot to answer that question, I was in-country 65-66, 13 -1/2 months. Yes, the SSDI was based solely on my IHD.
  12. Berta, thanks for your reply. A Cal-Vet represenative filed a NSC claim for me in 1991. Should have been for both SC and NSC, but too late now. My 9-17-91 Rating Decision states: PT/NSC, coded 7005 60% arteriosclerotic heart disease, 5293 10% degenerative disc disease. "The veteran is precluded from more than marginal employment." I went the usual 2 year wait and received SSDI. I was never employed again, and went from SSDI to SSA at age 65. In 1989, I had a massive heart attack and was hospitalized at VA Loma Linda, CA. Had emergency bypass surgery at nearby Loma Linda Medical Center, heart transplant there in 1995. I now have my C-file, personnel file, medical records from Loma Linda Medical Center. Still waiting for medical records from Loma Linda VA (3 months). Any thoughts?
  13. Maybe somebody here can answer a question for me. I've read in the Nehmer Training Guide (2011) on page 21: "Live pension claims must be treated as SC claims (See Example 5) Under 38 C.F.R. 315(a) 'a claim by a Veteran for pension may considered to be a claim for compensation.' VA is not required by law to treat a Veteran's claim for pension as a claim for compensation, see Stewart v. Brown, 10 App. 15, 18 (1997) but may do so in appropriate circumstances. Nehmer is an appropriate circumstance." From a NVLSP presentation update (2012): "What constitutes a Nehmer Claim? VA has instructed its adjudicators that the following also constitutes Nehmer claims. Claims for NSC disability pension based on a disease now on AO Presumptive List." (others follow) My question: If only an NSC pension was applied for (1991), 60% rated under 7005 IHD, P&T, is it for Nehmer review now as service compensation? In other words, is VA treating NSC pension claims as service -connected under certain circumstances per their own Nehmer Training Guide and the NVLSP statement? Anybody? Thanks
  14. Thanks meghp0405. The part where they listed the disability....would that include the disability for pension too? Regardless of applying for compensation or pension, would all 4 pages have been submitted? In other words, even for a pension claim, should some of the missing questions been in my C-file?
  15. Does anyone know where I might be able to see or obtain a copy of an older 21-526 form dtd. June 1989 at bottom of form? This older form had 44 questions and apparently 4 pages. My C-file copy has page 1, and the page 4 signature page. Missing questions 20-34, that I'm told covered service connection compensation. Form was made out in 1991 by Cal-Vet VSO. Never read it before signing. The page 4 part only includes NSC pension. Thanks
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