N4XV

Just wanted to up date everybody, big white envelope arrived this afternoon. Long story short I'm rated 100% P&T effective date July 30,1991. The letter and decision notice was only 17 pages not counting all the forms attached for extra bennies. So I guess I'll be covered under the 20 year rule as of tomorrow. I had some good cardiologists over the years that documented my heart condition very thoroughly so there was no question how sick my heart has been. They even threw in my bypass scar at 0%. They didn't forget to add my wife as a dependent on my claim either. Now just waiting on my ED claim to get finished. Again, I want to thank you all for your kind words and help over the last 2 years.

No big envelope yet but super large DD in bank today. $485K. The VA must have gone 100% all the way back to 1991 for that much retro.

Actually I wasn't denied SC in 1991. I applied for and was granted non-SC pension for CAD/IHD in 1991 then the VA took it back when I was granted SSDI. In 2001 I was granted SC for DMII 20% and denied for CAD/IHD secondary to DMII because the CAD/IHD was diagnosed before the DMII.

Just a minor update. I did not receive the big envelope from the VA yet, but I did get a VA med copay bill this afternoon. So just for grins and giggles I called the 1-866# they provided if you have questions. I explained about the letter I got on Saturday stating I am rated 100% and wanted information on getting a refund on my copays. They looked me up on their computer and the rep said it says I am rated 100% back to Sept., 2003 and I am entitled to a refund. She said she would update my copay account and the refund would be automatic. She said there was no other information on what ratings are prior to that date. So I am figuring that prior to 2003 my IHD percentage rating will decrease back to 1991. Even if my claim doesn't go back to 1991 I am elated with the 100% back to 2003. Will update again when the big envelope gets here.

SP4RVN1971, Thank you. Although the letter I received didn't state P&T I'm assuming the decision letter will. After I get it I plan on visiting my county VSO to find out all the state and federal benefits I might be entitled to.

I think it is a certification letter from VA for obtaining free FL DV tags. Basically states: This is to certify that the records of the above-named honorably discharged veteran of the Armed Forces of the United States show that he has a service connected disability evaluated at 100 percent for purposes of compensation. Letter dated July 16, 2011but post mark was July 22, 2011 The letter goes on with instructions on how to apply for the DV tags. Have not yet received decision letter or retro info but hopefully within the next week or so.

Any copays you made to the VA for Meds for IHD will be reimbursed to you but you have to ask for it. You should contact your VA Pharmacy or call the phone number on the top right portion of your billing statement. It will take about thirty days to get reimbursement back to your EED. The VA will not reimburse you for any Meds you obtained outside the VA.

681 and 687 and 405 are VA end products. VA currently lists NONE of these end products as being over 125 days old. This is based on the fact the VA established these end products as of November and December. Obviously the claims are in excess of 124 days but the end products are not, at this time. Vietnam Veterans and survivors who were previously denied service-connection (between September 1985 and end of month September 2010) are listed as end product 687. An additional number of new claims have been received since the Secretary announced his intention to add three new conditions to the presumptive list on 13 October 2009. These claims submitted from October 2009 until the final regulation was passed on 31 October 2010 are listed in end product 681. All of these claims (681 and 687) must be adjudicated/re-adjudicated in order to comply with the Final Nehmer Stipulation. This is why you will hear about or see a claim as being "RATE REVIEW". If during the rate review the VA finds nothing in the claim file that "could" be a claim that was previously denied or some how not processed under Nehmer will remain in the 681 end product and go on to regular claims processing. Generally the retro pay will go back to the date the claim was filed but not before October 2009. IF during the Rate Review the VA finds "something" in the 681 end product that "could" be a possible "old" claim or an item that could be processed as a Nehmer then the 681 is changed to the end product 687. ALL 687 claims require additional follow up by the VA as generally it means there is an "old" issue that needs to be resolved/addressed. The retro pay on a 687 claim "could" go back to September 1985, depending when a claim is found to have been made but denied. A 405 end product is a claim made AFTER 1 November 2010, unless during a rate review the VA finds out something and it could change the end product to 681 or 687. Note: This info was copied and pasted from another Veteran Help WEB site.

sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service. In the Nehmer Training Guide it states: In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member’s compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.

DX = diagnoses

Ok I read your other post in Test Posting Messages Here and it explains your situation a little better. Seems like the VA is saying there is no record of your filing a claim for compensation in 2000. In 2000 shortly after filing your claim you should have gotten a letter from the VA stating they received your claim and requesting what additional information they needed from you. You stated "My wife file for disability and treatment for my heart to the VA and I was being treated for the heart from 2000 to current. We got a copy of my medical records and it showed she filed the consent to release information form for the CAD & heart. It was not filed as Agent Orange,but tied to service in Vietnam." Was this actually a claim filed to a VARO? The VARO is the side of the VA that handles Compensation and Pension claims whereas a VAMC or VA Outpatient Clinic handles the health care side of the VA. Usually they do not communicate with each other unless the VARO requests medical info from the heath care side. Is it possible your wife only applied for heath care thinking it was also a claim for compensation? The only thing I can suggest is you seek out a VSO and see if they can help you.

When were you granted SC for CAD secondary to PTSD? Did you get a denial letter for your 2000 claim for CAD? The info you provided so far is a bit sketchy. I don't want to assume anything but if your claim for CAD due to AO in 2000 is the same granting SC secondary to PTSD it would make Nehmer somewhat moot.

Not meaning to bust any bubbles but I called the 800# on Monday. My claim is also at Bay Pines and they told me mine has been with the rater since Oct. 12th. Mine is one of the more complicated claims so I don't expect to hear anything from the VA until mid to late Feb.

stillhere, I see where you are coming from. In your case it was dx'd or noted in your C&P report and gave the VA sufficient evidence or information to infer additional disabilities. The OP stated: "Veteran lost private medical coverage and requested care under VA since 1997, first as a 0% SC and later on at 20% SC" and "The veteran first filed for IHD disability in 2008, which was denied. So the veteran comes under Nehmer." To me this means at some point prior to his original claim for CAD/IHD in 2008 he had another claim that granted him a 20% SC rating. Now if at some point during the processing of his prior claim granting the 20% rating the issue of CAD/IHD was brought up he might be entitled to an earlier effective date back to his first claim. The OP states nothing to this effect. The effective date of claims for service connection is the later of the date VA received the claim on which the prior denial was based or the date the disability arose "For purposes of Nehmer IHD, PD, or HCL claims, the date a disability arose is the date VA had sufficient evidence or information to identify the existence of such a disease" In the OP's case it is reasonable to assume at this point in time that the earliest the VA had sufficient evidence or information to identify the existence of his CAD/IHD was his 2008 claim. If it wasn't put at issue in his 20% claim a rating specialist is not required to put it at issue if at that time no nexus exists. The nexus being an assertion that the CAD.IHD is thought to be SC'd by either the vet or an examiner and it being recorded in the vet's records. Bare in mind that even though the vet was getting VA medical treatment since 1997 for his CAD/IHD and his VA medical records show this, without that assertion prior to his 2008 claim all that earlier VA medical treatment information it moot as far as getting retro prior to the 2008 claim. There are the facts, anything else is smoke and mirrors.

The effective date of claims for service connection is the later of the date VA received the claim on which the prior denial was based or the date the disability arose The later is the prior denial not the date the disability arose. There are a lot of people upset that their claims will not retro back to when their disability arose and they didn't file a claim for it at that time. You are beating a dead horse right now. Like Berta said if you do not agree with the EED then appeal it.