stillhere

The answer finally to an Iris I sent: This is in response to the inquiry you submitted on August 11, 2010, to the Department of Veterans Affairs, regarding your appeal. At this time we are currently waiting for the regulations regarding these new presumptive conditions to be released. In order to add this disease, we must follow a series of legal requirements, including publish a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requirements have been met. When the process is complete, we will make a determination on your claim and provide you with a notice of our decision. All claims handled under "Nehmer," will be given the appropriate effective date and paid out the amount they are entitled to. If you were to pass away before a decision is rendered on your appeal, your surviving dependents, or estate would then be able to apply for accrued benefits. If granted, they would then be paid the amount you would have received had you not passed away. If I read this right in this case they still have not decided if I am part of Nehmer or not. Wonder how the appeals will be handled? Good Luck all!

I like that scenario where he thinks the VA has already started processing and rating just as if it is a done deal. I agree the VA after all the bad press in the last few years probably really wants to hit the ground running on these. I also think that most claims are going to be rubber stamped at first if the had something to do with any of these conditions I could be wrong but that is my opinion. Webb got quite a bit of heat on this one it has tarnished his image as the go to senator to get things going for vets. He has a little bit of PR needed to get back on the right side. Hmmm I wonder if Gates closing the base down in Norfolk was a little slap to get him back in line! Could just be a coincidence if it goes through could hurt that area and his base. I still (and no Donna I don't have a crystal ball :):)) it will be December before any of us see money!

I think I know the guy that posted that negative comment??

Billy, The Vets centers are there to help vets with their problems not try and screw with you through the VA. They as carlie said are total separate and their computers are not hooked up to VA's. The only way someone can get your records from what you say there is by you giving them permission. Don't believe ask your counselor next time you go. When I filed I asked my counselor who had seen me for over 6 months every two weeks if she would write a letter in support. She did and I believe that is what helped me get my rating that I did. As far as gaf goes never heard my counselor state whether she did that or not. Again ask the next time you go they truly are their to help you. Hope you get to feeling better about your treatments and opening up! I have just lost my counselor for the past year and really need to get in and see the new one but I am kind of balking just like you are. I know I need the help and I will do it I just have to convince my mind!

It should mean from the date the secretary added it Oct. 19,2009 That is a good question I will have to go back and read the rule in the AM I am fading fast. Sorry.

Congratulations it ceertainly sounds like you are going to get your just rewards but I would caution you not to go spending the money until it is in bank. But you do have it virtually in writing just not from the VA. To bad the VA I will not be that committable in their answers to vets!

Well I got an answer from the VA somewhat in the form of a letter. My claim for an earlier effective date the VA appears to be treating as because of CAD. Now I clearly stated that I felt my claim should be in the nehmer batch and qualify. Wonder if I am going to have my denied claims looked at for IHD or not?? I had an LVE back in 2002 when I was denied and they also stated in the appeal that I had hyperlipidemia so I wonder what is going on here. Any opinions on this?

I would like to get some comments/opinions on this. I was awarded 100% P/T + SMC-s back to Oct. 2009 the 100% is for my heart. I also filed a claim for an EED for my heart disease because of IHD being added to the presumptives. I have had acid reflux since 2003 and I feel it is because of my DM2 and also my anemia since 04 again because of my DM2. I just got another letter in the mail about my claim and the VA is asking me if I wanted to continue my claim for these two or drop it. Two things if I do add them to the claim if I happen to win would they go back to when DXed secondary to DM2 because of nehmer. The second anyone feel either of these conditions could be a killer??

Thanks Mozart for the timely post of this! I slept in a little this AM had a bad night sleep wise. I have not had a chance to read all the way through but it appears as far as nehmer it is going to be applied pretty much the same as DM2 was in it's final rule. The only difference I see is with DM2 if you had a disease and had not filed they at least gave you 12 months of retro from the date the condition was put on the list. In other words the date DM2 was added May 2001 I think. If you had a DX of DM2 prior to that date they gave a year of retro. In the case of IHD, Parkinson's, and hairy cell it says we will get paid from the date of it being added. So the guys that filed for it before and were denied should/could get a nice retro check to help them and those that did not either because they were unaware or did not know will not. Is that how the rest of you read this?

I used to be in the business of duplication and printing. Anytime there is a request for something as large as many of our C-files there is ALWAYS the possibility of something being left out or as in cooter a full section. One of the things I noticed after getting my C-file was it was more or less in order BUT because the info in the file is from so many different sources and are not numbered there is a higher % of things being lost and know way of knowing what is of is not there. When I would ever get a sizable document in to duplicate or print I always had to number the pages if the client had not so when they brought it in. This is the ONLY way to guarantee that everything is in order and there! Of course the operator who usually isn't one of the higher paid staff if he/she screws up and also those that don't care just (shread or even ignore problems or yes throw in the waste basket. One thing I would don't in both your cases is make your VSO's and the RO's aware of this in writing!

I have seen this question pretty often on ED and usually don't post on it but. When I had my very first C&P for my dm2 that I had claimed, the C%P Dr. said lets check your feet. He did and said you have PN I am going to add that to your claim. He then said from reading your file I see you have been prescribed Viagra. Is it helping any and I said somewhat. Well I did not know it or maybe I didn't hear him but he put me in for ED too. Now I know this doesn't happen to everybody and like a lot of C&Ps they are done by foreigners by QTC as this one was, but the old Dr. sure had the best intentions for me. I ended up with 40% I think and the SMC K for ED. No complaints from what he did!

I would also like to point out that the rate of comp is the same whether you are 100% or 70% being paid at 100% the only time extra monies become a factor is when there is additions such as dependents and SMC benefits. Also when you get 100% your disabled insurance through the VA is free for the first 10,000 and you are allowed to purchase an additional 10,000.

I would also recommend if you have not already. Go to the VA.gov website and search under the BVA decisions for smoking and cases that fit your husband that have been denied and granted. I do this quite a bit and it really does help get my head straight as to what they want to be able to approve. I seem to recall that us "boots on ground Vietnam vets" there where cigarettes provided from the gov't in our rations and that has been used and granted in the past. Also in our training and meetings there was always smoke if you gotem or bumem from a friend. Not sure how the boys on the ships did but I would tell them hey the service is what got me smoking and they gave them to me for free!! Go luck to you!

I would agree your TBI should and could be SC this go around if not a % then at least zero which will make it SC and eligible for treatment and rating if it gets worse. If I were you on your PTSD % I would go to the tables for mental health ratings and give that a read and see were you fit in the 50% or in the 70% category. Quite a few vets that have gotten 70% for PTSD I have seen getting 100% IU but 100% schedular is very hard to get. As it should be. Not to preach to you but If I were you I would think long and hard on the retiring at such a young age. If you can't work then sure you are going to have to live with it, but working makes living a purpose and in reading your post a see some depression popping in it and that alone can be a biatch. I know. Please do yourself and your family a favor and go get some help from the vet center we Vietnam vets do not want our proud Iraq vets to end up with what we had to go through! One other thing on your post, it hit a trigger with me on my PTSD. You see I also buried my dad 3 weeks before I left for Vietnam and war! I understand how hard that was for you and what you have had to go though and wanted you to know.. Welcome home and you young men and women are doing and have done a bang up job! Thank you, Stillhere

We are all very glad that all the widows out there are finally going to get the well deserved benefits from the gov't. Thank you for sharing and standing with your vet!

Picked this up from another veteran board today!! 2900-AN54 should be readable at http://www.archives.gov/federal-register/public-inspection/ should be readable by Monday Should be sometype of media release on Monday 8-30-10 .

Unfortunately I like you at the time believed the VA care had it right and was the only care I was getting. Almost killed me in 05.

This thread is very weird to me and I will list my concerns. I have PTSD at 50% and was none to proud when I was DXed with it. Anyhow I went to my shrink monthly and then he recommended vet center counseling. I talked with a counselor there and after I was asked if I wanted group or one on one. I chose one on one and it was granted. It was just a fact of I was given a choice nothing to it. Now on the AO issues a may be misinformed here but I believe that there is only one type of skin disease that is associated with AO exposure. If there are others I am not aware of but will do some checking. Carlie is correct in saying just because someone "says" they are going to do something does not hold any water with the VA between agencies. At the very least get as much and everything in writing. A phone call at this point to the RO or the 800# and the request that you want to file a claim for this and that will save your date of claim for you..

No problem PR the VA has pretty much pushed that on us since Oct. 09 it will be done when it gets done. They should be the ones that are sorry!

Exactly Berta, They said after a walking treadmill and a ekg that I did not have heart disease and in the SOC of the appeal they again denied except this time they said I did have hyperlipemia. In my records from a private cardio testing was a LVE of 50% and the VA never picked up on that in 03. I think in your case it is pretty much a done deal and it would be better for all around to get you paid so they can continue to sweep it under the rug. Dam shame you and your husband did not know and he could have maybe got better treatment. Sorry to have to bring that up. But we all know why you are fighting so hard!! Like I posted before I am concerned that the 800# is showing me at the raters??

let me jump in here, there is no such disease as AO. The VA does comp us Vietnam Vets for all kinds of things from EXPOSURE to AO. What type of issues does he have?? On PTSD if he has never filed then there would only be the date of the claim you now say he is ready to file. Unfortunately the VA does not look at a veterans medical records on just a whim that they can find something to comp us for. Be nice if they did but truly I can NEVER see that happening. I have anemia since being DXed for it by a C&P back in 03 but I have never filed for it, so I am not SC for it. And trust me the VA never said anything about it until this last time in June 2010. They wanted to know if I wanted to file and I told them no because I had just been awarded 100% P/T and was tired of dealing with them. There are many vets STILL out there from Nam that do not have any idea the benefits they could apply for! I was at the VAMC today and I wear my hat that says ask me about a veterans website. and I tell folks how to apply. Plus in the lobby of the medical center there is all kinds of signs. Your best bet now with your friend is find out what he is eligible for and file the claims. Any other way it will not get done...

OK I agree it is going to be under Nehmer and I agree it will come when it comes. Not a big deal to me but I think it is to those wives that have lost their vets and to those who have been denied in the past! My main point was they said mine was at the raters?? Now IF I am part of Nehmer how and why should I have a claim at the raters??? Going to the dentist now everyone have a nice day!

I know I know. I have been at this a long time and should never call the 800# but I guess I just needed a laugh or nothing to do. Anyhow I have a claim in for an earlier effective date for my heart disease and with them finally sometime or other putting IHD as presumptive. I thought this would be a good time to get my heart disease with a start date other than the one I have now which is the date I had my Heart Attack Oct. 24,05. I always thought that was rather stupid on my part to accept that from the VA but hey I had other things (like staying alive to worry about)! Back in Oct. of 09 when they said it was going to be added I filed for an EED and of course the VA screwed it up and thought I was filing for an increase which turned out pretty good actually but I was still ticked that I have not gotten my EED correct. So when they did award me 100%P&T they asked if I still wanted to claim an EED? Well I said yes and they started a claim for me in March I think. Anyhow no harm done because I am arguing that I had heart disease back in 03 when I first filed and that their testing just was not significant and almost ended up killing me. Back to the 800 call, I had sent in an Iris and got some kind of cryptic answer so I asked again where was this claim status wise. I was really hoping to get them to send me a letter or tell me it was on hold until the new regs come out because it would fall under Nehmer. No such luck! When I called today the guy told me it was at the rater and has been there since the 13th!! Well I said are you sure and he said YES is there anything I can help you with?? Just proofs once again to those that don't believe it but calling the 800# is a Waste of time?? Still hoping for Nehmer and an answer to my Iris!! Good luck all and if anything new is going on let us know for the good of ALL VETS!

If you say they are sending you for another C&P then it sounds like they are moving on it and after they get the results from the C&P I would not think it would be long. Are you signed up for ebenefits? After you are signed up you should be able to see where your claim is but also your VSO should have a answer for you. I am not sure on the writ thing so someone else will have to help with that. I can tell you my last NOD took well over 18 months and is waiting at the RO to be certified for the BVA since June of 09 and has not been sent. Maybe the RO will look at it and grant but I am not holding my breathe! Good Luck to you!

You are probably going to have to be the one to get this delayed until after his claim is through. I have argued for different things when I am under a feeling of them not doing what I thing is best for me. And of course I loose it and then start another round of bull. Tell him to stay as calm as possible! Any and all flares ups will jeopardize how he is looked at.