Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
N4XV
-
Posts
88 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by N4XV
-
-
In November of 2009, I applied for compensation based upon agent orange exposure while I was in Vietnam with the Army in 1967 - 68. I have had heart disease since 1989. I also claimed vestibular hypofunction, stroke and hypertension as secondary. All of these ailments are caused by endothelial damage to the arteries as is IHD. I finally had a C&P in August 2010 for all the condtions claimed. Each VA physician or health care professional I saw confirmed and stated in the C&P report that all health problems I claimed were at least as likely as not caused or aggravated by exposure to agent orange. My Board Certified private cardiologist of 20 years also stated the same in a letter he personally wrote to the VA.
Today, Oct 10, 2010, I received a rating decision from the Cleveland Ohio VA. I quote as follows - "Decision - A decision on entitlement to compensation for ischemic heart disease is deferred. Service connection for vestibular hypofunction, stroke and hypertension is denied". The decision also states the following: "PLEASE NOTE: As you claimed secondary service connection for hypertension, vestbular hypofunction, and stroke, the disabilities will be reconsidered on a secondary basis following finalization of the new additions to 38 CFR 3.309(e), which establish ischemic heart disease as a presumptive disability of herbicide exposure".
In regards to the PLEASE NOTE above - I thought this had already been completed so I went to 38 CFR 3.309(e) and confirmed that the three new presumptives are already there. How could the rating officer not know the CFR has already been updated? When does the mental torture stop? Does anyone know what's going on? Has anyone else received anything like this recently? Do I now have to go back in and ask the VA to reconsider the secondary basis conditions or will they automatically do this? By the way, they told me how to appeal in the same letter although the letter states the IHD is deferred and the secondary conditions will be reconsidered. Wonderful - after a year, I still don't know whats going on. Any suggestions on what to do now???
BILLYBOB, the claim is deferred because VA can't do anything on the IHD claim until the 60 day delay is over and that will be Oct 30th. Then they can rate claims and start payments. If granted you will be paid back to your claim date. In the interim they are supposed to be developing claims up to the rating stage. There had been some controversy about the CRA and the general consensus is it will have no effect on the three new presumptives going through. But even in the new Fed. reg it states they have to wait the full 60 days, because it is a major rule, before they can actually begin rating decisions. The fact that you had filed back in 11/09 I would think your claim for IHD and the secondaries are pretty much developed and waiting on the rating process to begin shortly after Oct 31. Just hang in there a little longer. You are not alone with the frustration and waiting. There should be a flood of decision letters coming out in Nov.
-
If you are already SC'ed for arteriosclerotic heart disease is it possible to get SC'ed for IHD as well? Would the VA just combine these disabilites under one or the other DX? Are these two diseases differenct or the same thing with another name like CAD? Would the VA be likely to call us in for C&P exams for the IHD claims?
Arteriosclerotic heart disease, CAD and IHD are all considered the same thing. The VA will only rate the same organ once but can rate other conditions as secondary but because Arteriosclerotic heart disease, CAD and IHD are the same only one rating can be granted. Also depending on your medical evidence the C&P is at the VA's discretion. It just helps the VA determined your present degree of disability. Usually if you have been tested for the heart within the year before you filed or reopened an IHD claim another test might not be necessary but is still up to the VA's discretion. The IHD C&P is no really no big deal at all. They usually just take you BP, listen to your heart and lungs and ask question about your heart medical history.
-
A poster on another board has posted that he has received an award letter and it was favorable which also had a payment start date of Nov.1, 2010
Trying to get this clarified now!
Thanks stillhere, encouraging news at the least.
Hopefully those of us that put in new claims or reopened old claims early will be starting to hear positive results on our claims within the next 4 weeks and payments will be received in Nov. I would think any of these early decision letters sent out between now and Nov. might be for the really easy no brainer claims, but I wonder about the really complicated retro claims going back 1 or 2 decades where there may be different % rates involved over the years for the VA to figure out so those claimants get an accurate retro amount. I suspect we will be hearing about more and more successful decision letters in the weeks to come.
-
So anyone with any inside information or is anyone willing to make an educated guess on what is happening at present on award ratings and claims while we await the CRA period? Do you think that the VA might be going ahead with rating claims and drawing award letters that will be issued immediately following the CRA delay period of 60 days (now 39 days remaining)?
Jim
No inside info here. It is only my opinion. I believe all the new presumptive claims are being developed as far as "ready to rate" but nothing can be done until the 60 days are up. On or after Oct. 31 they will start to rate and begin paying on granted claims. I'm not 100% sure but I think VA regs prohibit them from actually rating now and holding the decision for another month or so and then send out a flood of decision letters. I think there will be a steady flow of decision letters during the month of November until however long it takes to rate the Nehmer claims first. I don't think the VA is ready to implement there automated system and it would turn into disaster for us if the VA used the new presumptive claims to try out an automated system. I think most if not all of the Nehmer claims already developed will be rated by Thanksgiving and the rest by Christmas. Again this is only my opinion ( just a gut feeling).
-
It will be televised on CSpan2 at 9:30am Eastern 8:30am Central time on Thursday.
http://www.veterans.senate.gov/index.cfm
-
Whew, I feel better........Thanks
ranger43 it seems there is a lot of confusion about the 60 day delay and the Congressional Review Act. Sen, Webb's amendment only prevents funding the final rule for 60 calendar days from the effective date of the rule. The effective date of the rule is Aug. 31, 2010 and 60 days from that date is Oct. 30, 2010. On Oct. 31 the funding will be available to the VA for payment of claims. The CRA allows for 60 session days or legislative days, which ever is longer, to overturn the rule by a Joint Resolution of Disapproval. It is highly unlikely a Joint Resolution of Disapproval will happen on this issue. Some believe that Congress wants to have a vote against a joint resolution before the elections to get on record that they are in favor the rule. This would have to happen by Oct. 31. Although it is not on the calendar yet, some Reps. brought up the issue on Tuesday in open speeches that the rule needs to go forward. Sort of opening the door to put it on the calendar and voted on before they go out of session.
-
On page 3 of this document and I quote.........
"However, VA now knows that based on the publication date of the final rulemaking the timing will not allow payments to begin prior to FY 2011. As a result, VA expects FY 2010 and FY 2011 costs will both now occur in FY 2011. These costs include retroactive benefit costs in the first year and increased benefit costs for veterans currently on the rolls."
Does that mean we will see no money until 2011 sometime?????
Bob
FY 2011 actually starts Oct. 1st., 2010. The 60 day delay on payments will end on or about Oct. 30, 2010 and payments should start on or shortly after Oct. 31, 2010. We should be hearing about success stories and payments being made in early Nov., 2010.
-
-
I've been gone awhile and missed this one. They must have pulled the file. The link doesn't work for me. Just my luck these days.
you should be able to view from this link
http://vawatchdog.org/10/nf10/nfaug10/aug10files/2010aopresmall.pdf
-
Just got a call from my Congresswoman about an email I sent to her in regards to 2900-AN54 and the CRA. She assured me that there is no way congress will go for a resolution to disapprove the final rule. I asked about when she thought the VA would start payments on this and she said the end of October. She seemed very confident that is a done deal. She has always been a very active veteran advocate in congress and I think her info is reliable.
-
Oct. 13,2009 is the date it was announced they are going to add the three new presumptives. Aug 31,2010 is when the final rule was published in the Federal Register and that is the date the presumptives were actually added.
-
You missed the point?
Less than 30 days after a VA exam told me I had no heart disease!
I see now, how and where I missed your point. And you are 100% correct in that all vets should make sure they understand what and how their diseases can and does effect them. But unless the doctors agree we are somewhat screwed in getting proper treatment. Technology has of course improved greatly since late 70's but still there are many cracks we can fall into.
When I first started having chest pains in my early thirties I went to the ER (non VA) a number of times. Every time I went it was DX'd non cardiac related. I had to have that first MI before they realized I had cardiac problems. Now thirty years later with well documented cardiac history even the slightest hint to my VA PCP that it might be heart related she sends me for extensive testing. I don't go running to the doctor every time I have chest pains because nitro usually clears it up with one or two doses. but when I see her I tell her about it and depending on the circumstances she will schedule tests and/or an appointment with the cardiologist.
-
If a Vietnam vet died of IHD what would the effective date be for a spouse filing now for the first time for DIC?
There must be a large number of vets who have died from heart disease in the last 40 odd years. Their spouses got nothing if they were not already SC'ed 100% for ten years or died from other SC condition.
From VA's Nehmer Training Guide
The effective date for Dependency and Indemnity Compensation(DIC) claims must be one of the following dates:
· The date VA received the claim, or
· The first day of the month of the Veteran’sdeath, if filed within one year from the date of the Veteran’s death
NOTE: If the class member’s claim for DIC for thedeath was either pending before VA on May 3, 1989, or was received by VAbetween that date and the effective date of the statute or regulationestablishing a presumption of service connection for the covered herbicidedisease that caused death, the effective date of the award will be the later ofthe date such claim was received by VA or the death occurred (38 C.F.R. §3.816(d)(2)).
NOTE: 38 U.S.C. § 5110(g) and 38 C.F.R. § 3.114(a) do not apply to Nehmerclaims.
-
I have my Nehmer claim in for the IHD being added to the AO list. I was sitting here and going through some old decisions from the VA. I thought my last denial for heart disease was June of 05. I had a heart attack in Oct.05!
The denial was actually in Dec. 06 and my last C&P exam by the VA was September 30,2005 In less than 30 days after their exam I had a major heart attack!!
Now to all you vets out there please make sure you understand what and how your diseases can and do effect you!!
If I do not get granted by Nehmer I think a conversation with a lawyer is needed?
Right? Maybe even if I do?
stillhere, under Nehmer it goes to date of original claim not date of denial.
-
I reopened my denied IHD claim of 2001 in Oct of 2009. Had a C&P in early Jan, 2010. Yesterday got the VA Nehmer packet telling me my claim for IHD is under special review inaccordance with Nehmer . They mention my claim of 2001 but also asked for alldependency information dating back to July 30, 1991 to insure potentialpayments are correct. The 1991 date is when I first filed for non SC'd pension. Maybe the VA is going to get this Nehmer thing right after all.
-
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!
No Stillhere, the way I read it is they are handling it under Nehmer. You have a past IHD claim that was denied. By law it has to be handled as a Nehmer class member claim. We still have to wait for the CRA hurdle then the decisions will start flowing.
-
As I was reading the final rule published in the Federal Register I noticed on page 53206 under E. Negative Comment =-there is only one negative comment out a total of 670 comments and the comment was pointed directly at IHD. One news article at this time about how the VA handles the AO issue at present is what I would call to little to late. There will be no interest stirred by this article to the general public other than maybe Vietnam veterans affected by AO and tomorrow it will be yesterdays news.
-
I send an email off to NVLSP last week with basically the info as in my original post and this was their answer:
Dear Mr.xxxxxx,
You are correct that under Nehmer youwill almost certainly be entitled to service-connected disability benefits forCAD retroactive to the date of your 2001 claim. It also appears likely,from the VA’s Nehmer Training Guide, that the VA will treat your 1991 pensionclaim that was based on CAD as a claim for service-connected disabilitybenefits under Nehmer. Therefore, you will most likely receivebenefits retroactive to the date of your 1991 pension claim.
Sincerely,
XXXXXXXXXXXXXXXX
Staff Attorney
National Veterans Legal Services Program
Boy oh boy!, does this make me feel great!!!!!
N4XV
-
Stillhere
You filed a claim in 2002 for CAD ( CAD is IHD ) or maybe it was inferred and it was denied. It makes no difference what the reason you stated in your claim for SC. You filed a claim for CAD/IHD it was denied. IHD is now a presumed AO condition Therefore you fall under Nehmer class member and you are entitled to retro back to your first claim. I just don't see a problem for you here.
-
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?
Stillhere
Nehmer seems to to be very explicit as to who will and will not receive retro. Some type of claim had to have been made to the VA for the newly added conditions in the past, whether it be formal, informal, inferred, pension, etc. to be considered Nehmer. I truly feel for those that do not come under Nehmer. But the VA claims system has always been pretty much a big secret to most vets. They say they gave us this info about our VA benefits at discharge and we even signed a paper stating we got it and understood it but in reality we were only interested in getting home and ignored most of what was said at discharge except for this is how much muster out pay you get and sign here and you'll be on your way. I for one knew little to nothing about the VA system until 1991 and that was more about trying to get health care that you pretty much had to beg for it if it wasn't SC'd as mine at the time.
So in a word the answer to your question is Yes.
-
Blue water navy....it won't be presumptive for AO via Vietnam/Blue water. He will have to show he set foot on Vietnam soil.
john999 is correct. A crew member aboard a Vietnam era Blue water vessel must show their ship either docked at a VN port or traveled the brown waters of Vietnam during that era. There is a bill in congress to bring Blue Water Navy under the AO presumptive but no one knows at this time how it will fare. Track H.R. 2254: Agent Orange Equity Act of 2009
-
Stillhere
Thanks for your reply. I feel 80% confidant that I will get a 100% rating for the heart but if I get 60% for some reason I will then meet the criteria for IU and then NOD for reconsideration. Waiting for the Regs. to be finalized and getting a rating cuts it close to the one year time limit to NOD. I know I could NOD now for the IU denial but like you said whats the sense as at present I still don't meet the criteria.
As for the Nehmer issue I don't think the VA will try and mess with it for the 3 new presumptive conditions. It is a court ordered stipulation and it has already been factored into the proposed reg. and from what I've been getting from other boards the big hold up with the final regs. at the OMB is tweaking some of the figures for the financial projections and there shouldn't be any real major changes to the final reg.
I'm just hoping my EED will go back to the pension date of 1991 rather than the comp. denial date of 2001 and if it doesn't I will definitely appeal that.
Again thanks for your reply... N4xv
-
Awhile back I reopened my claim for IHD when the announcement to add it the AO list was first made by the VA Sec. A few weeks later I was advised by some on this board and another board that I should also file for IU. I am presently rated 30% combined for DMII and tinnitus. In 1991 I filed for VA pension for CAD when I first became totally disabled from CAD with the VA while awaiting SSDI claim submitted by my cardiologist that told me I'd never be able to work again following a failed 3x bypass and after my 4th MI. While awaiting the out come of my SSDI claim for a VA pension and it was approved and then the SSDI came through approved. At the time I was not aware I could not collect both VA pension and SSDI at the same time. When the VA found out I was collecting both they stopped my pension and said I had to pay back the Pension funds I received and I made arrangements and paid it all back. Then in 2001 I submitted a cliam to the VA for DMII and CAD secondary due to AO exposure. The VA granted the DMII but denied the CAD stating it was DX'd prior to the Dx of the DMII. After reopening my CAD claim under the new presumptives (of which I've been expecting at least a 60% rating that would meet the criteria for IU) and then filing the new claim for IU I got the decision three months later on the IU being denied because the VA stated I did not meet the criteria for IU of which I fully agree because at that time and still am only at a 30% combined rating. After my C&P for the reopened IHD claim I got the examiner's report that in my opinion is very favorable for maybe a 100% rating for IHD. The report stated I have IHD with estimated LVEF of 50% from a poor quality ECHO, it also states an estimated METS of 3 or less and chronic congestive heart failure and haven't been able to work for over 20 years. The decision for denial of IU came down 2 months after I had the my C&P for IHD.
I have two questions in relation to the above and would appreciate any comments or opinions. Could the IU denial possibly have been done so quickly because the VA realized by the results of the C&P that I'd be rated 100%? And 2, I am confident I should fall under Nehmer at least to the 2001 denied claim but was wondering is it possible Nehmer would bring it back to 1991 for the granted then rescinded pension claim. Again any insight, comments and opinions will be greatly appreciated.
N4xv
-
Will a Vet that has documented DX of IHD over a period of 18 years and now has a ICD implant be called in for a C&P exam? The exam is to establish Mets and EF factor. The Vet would not have a defibrillator if his heart was in good shape. Just wanting to know how all this works?
I think it would depend on the rater.
Going All The Way To Oct.30Th
in Agent Orange
Posted · Edited by N4XV
stillhere, the following is taken from the final regs on the new presumptives:
DATES: Effective Date: This final rule is effective August 31, 2010.
This final rule is a major rule and the implementation of this rule is
subject to the provisions of the Congressional Review Act (CRA). The
CRA provides for a 60-day waiting period before an agency may implement
a major rule to allow Congress the opportunity to review the
regulation. The impact of the CRA will require at least a 60-day delay
between the issuance of the final regulation and when VA can begin
paying benefits.
Applicability Date: This final rule shall apply to claims received
by VA on or after the date of publication of the final rule in the
Federal Register and to claims pending before VA on that date.
Additionally, VA will apply this rule in readjudicating certain
previously denied claims as required by court orders in Nehmer v.
Department of Veterans Affairs, No. CV-86-6161 TEH (N.D. Cal.)
(Nehmer).
This is something the VA is not in a position to change. We are 3/4's of the way through the 60 day delay period now. In another 2 weeks or so the VA can and will start rating the claims that are on hold beginning with the Nehmer class claims. This is a done deal. Beginning in early Nov. a lot of decision letters will go out and probably a lot of direct deposits will be made. Go fishing, read a good novel, and check that to do list. Don't let this eat you up - we are almost there. Hang in brother.