Donna

It is the date you became a claimant not the date you became a patient. It is the date you filed a claim not the DX date. We all wish it was otherwise, but it is what it is. If you filed a claim for anything in the past and in that claim there is evidence of IHD, they could inferr the date of filing that claim as the EED of the IHD claim.

10 to 40 days usually= 2 weeks!

My husband has a previously denied claim (2006) and received the VCAA asking for any new evidence to support his claim. We sent in new evidence since the denial and copy of the denial letter. We were asked to send everything to the Nehmer Division in Muskogee Oklahoma. Sounds like they are moving. I would gather everything new that you have to support your claim and get it to them within the 30 days, check the box I have provided everything and have them get on with it. Good luck. Oh and be sure to write your case number on the top of each page you send them, keep a copy for yourself and mail rigistered for proof it was mailed and received.

I agree we should inform every Vet we come across. My husband and I met a Vet with prostate cancer, he had lost his job and was paying all his medical costs out of pocket. When we first talked to him, he wanted nothing to do with the VA. We kept talking, offerred to go with him to the local VSO. We got his parents involved and with all the coaxing and encouragement he finally went. Long story short, he filed and was awarded 100%. We stopped by the other day and he was raving about how well they are treating him and how nice they have been to him. Not all RO's and clnics are the same, but the one in Tulsa and Muskogee are great. When my ex husband was in the Muskogee hospital and was refusing help because of PTSD and alcholism, I emailed Jim Strickland about him and I called a VSO on the hospital floor to please go see him and see if they could talk him into seeking more help. Ex-husband, but still another Viet Nam Vet and a human being that my daughter's were extremely worried about. We should all lend a hand and I hope you all get every penny and help you deserve. Almost here Vets.

The press will often report their feelings on a matter, not the opinion of the American people. Ignore the negative press. You all deserve every penny and more. Take your compensation proudly and make your lives easier and happier.

In my husband's denial letter of 2006, it states he did claim IHD/CAD, he is confirmed as being diagnosed with this disease and does habe a defibrillator implant. It states he claimed it was due to AO exposure and they confirm he did serve in Viet Nam and is presumed to be exposed. It was denied in 2006 for not being SC. The claim is now being reviewed under Nehmer. The TDIU was inferred which should be moot since the AICD should warrant a 100% rating...we will see. If the rating comes back less than 100%, he wil be filing a NOD not a TDIU. TDIU is now being inferred if the evidence submitted indicates the Veteran in unemployable due to his SC illness.

It is a letter informing you your claim is being reviewed as a Nehmer claim. It is also a VCAA to provide more evidence to support your claim. It is also a dependent status update. Names addresses of your children also birthdates etc. We were to mail it back to the Nehmer Division in Muskogee Ok. Kept copies of everything and mailed it return receipt. Marriage license and birth certificates were turned in at the time of the filing of the original claim in 2006. My husband has not been called in for a C&P. Maybe because he has a AICD implant and that may be all the evidence they need??? He also got another VCAA informing him there is a TDIU filed on his behalf and a C&P exam for his hearing which is currently 10%. I think Muskogee is one the RO's that is handling Nehmer Claims.

They don't like the law, change it. Shinseki followed the law to the "T". If they don't like the rules of the game, change them. But this game has been played and is over. this is a done deal.

Mailed my husband's Nehmer Review Packet back August 25th also back to 2006.

He would not fit into the criteria right now. He is 10% hearing loss and denied IHD back in 2006. Waiting for the IHD to be re-adjudicated. AICD implant in 2004. Thanks

My husband received another VCAA informing him they were working on a claim for TDIU. He never filed a TDIU. Upon further investigation through our VSO and Jim Strickland, we found out: When the VA receives a claim for a disabling disease that is now presumtive, if there is sufficient evidence included that the Vet is unable to work due to this disease, a TDIU will be generated by the VA and adjudicated together. We did not fill out the TDIU request because my husband has a AICD implant and should be rated 100%, therefore making the TDIU moot. Checked the box, no other evidence, please decide my claim in 30 days. If the rating comes back less than 100&, will be working on a NOD, not a TDIU. This change will help Vets with an expectation of a rating 60-90%....wanted to pass it on.

That is good news that you have been notified you are a Nehmer case. We received the same notice per Iris and about 2 weeks later, received a Nehmer packet asking for a VCAA ( any new evidence) and a dependent status update. We were told to return it to a Nehmer Division in Muskogee OK.

Already been notified it is Nehmer.

Thank-you Berta!! We sent all this in to them in April and we also included the fact that my husband has a AICD implant. You are a great American for helping all these Vets. We have been notified his claim is under a Nehmer review, but no C&P yet. His C file is heavily documented that he has had IHD since 1994 with the same cardiologist treating him. SSDI in 2004 and AICD implant in 2004. Claim submitted and denied in 2006. Now this 60 day wait...ugh...I remember the torture of the SSDI wait, his company would not let him take medical retirement unless he was declared disabled by SS. We lived on short term disability for a year and my salary. Big cut in pay. We learned to live very frugally and we still do.

I need clarfication please, in reading the CRA, I read it as the payments will be held up for 60 calendar days and total CRA for the purpose of getting a Resolution to stop the rule (no support for this) is 60 Congressional days or days they are "in session" If they were to call for a vote for a Resolution to stop the rule from going into effect and the resolution was voted down, it would end the CRA period. What about the money being held? The money is already appropriated but being held for 60 calendar days right?

My husband received another VCAA "Nehmer Review Packet" he was to add any new evidence to support his claim filed and denied in 2006 and return it and a declaration of dependent status to the Nehmer Division at Muskogee Oklahoma RO.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/2010-m949.8-2-10.1.pdf

My husband received a VACC Notice Response Nehmer review packet in the mail today. Also enclosed was the Declaration of Status of Dependents. I called his VSO and he said to return any new evidence supporting his claim, we sent in everything in April 2010 in support of his denied claim of 2006. Will be sending in the SSDI decision of total disability awarded in 2005 and my personal statement. I have a few more reports to submit regarding his AICD implant. We have nothing else new to submit. He said the Declaration is to confirm his marriage to me still exists. Question: His youngest daughter was 16 when he filed his claim and was denied. If they approve his claim and give him retro, will they take into consideration his child was a minor for a few of those retro years? Receiving this Nehmer Review was good news today.

Very happy for you, CONGRATS!

Thank-you so much Berta for your quick and informative reply. This is a great forum and I have learned so much. Thank-you Berta.

When a 100% rating could be applied on another basis? AICD implant?

I would think if you have a denial letter in hand dated 9-2006 (filed 2-2006) that clearly states ... yes, you were in Viet Nam, Yes, you do have Ischemic Heart disease, and yes, you do have a defibrillator implant. That is a claim that does not take a lot of working. We sent in all the medical release forms very quickly. He is not "cured", no one has removed the AICD implant! They have a copy of the denial letter. They did have trouble with one hospital releasing records. so we went to the hospital, paid for records and hand delivered them to the RO. There is no new evidence in his case. He still has IHD, still has the AICD, same address,same bank account, same meds, same wife and a the minor child is now 20. What could be so difficult about this case? Thanks Webb.

My husband's response was "your claim established on May 24,2010 does fall under Nehmer." 2006 previously denied claim and re-opened April 2010. What up with the date of May 24th? Also he was going to the VA for his heart condition about one year before he filed his claim. Wonder if that will be inferred?

Filed a claim in 2006 IHD due to AO exposure. Denied for not being service connected. Acknowledged the disease and the AICD in the denial letter. Re-opened the claim in April 2010. Received a email today from the VA saying your claim was "established" May 24, 2010, the claim does fall under Nehmer. What does Established mean?

Berta, are the Vets that fall into the Nehmer class supposed to get a letter informing them of that status? My husband has a previously denied claim (2006) for IHD with a defibrillator implant. We have only received notice they are in receipt of the claim and awaiting the rule to be published. No C & P request and no letter of information regarding the Nehmer class. Should I do anything now or just hold tight?