revlonnie

This was a NEHMER claim that only granted 10% rating all but the last 2 months back to March 15, 2005. during that time was hospitalized several times for my heart, and was put on a heart pump in intensive care.

This is going to be a long explanation. I was granted a 30% rating for IHD that went back for only 2 months, and a 10% that went back to 03/05/2005. During that 10% rating I spent time on a Heart Pump in a VA Hospital in intensive Care. They gave me 3 METs at my first C&P but came back later and raised it to 7-8 METs. My VA heart doctors disagreed with the 7-8 METs and mailed me a VA Form for IHD with their diagnosis of 3 METs. I sent this along with other evidence to the VA through USPS and sent it requiring a signature. I clearly stated that I was in Disagreement and that I informing them that this was my "Notice of Disagreement" (NOD). I also ask several times if they had my NOD when I called them on the phone. (at the VA's own suggestion, I called every 3 weeks). Each time they assured me that they had my NOD. I also sent a claim in for my hearing loss, and bad Tinnitus. I recieved a decision and was grant service-connection for my hearing loss at 0% rating, and I got a service connected rating for my Tinnitus at 10%. I was shocked at getting anything. But they said that my NOD of disagreement for "Individual Unemployability" had been denied. I was bewildered, and then I got angry. I called to let them know that I did not send a disagreement with my IU, but they acted like that was all I had done. I let them know that my NOD was for my IHD rating. Now due to their mistake the one year they allow for disagreeing has expired. I went to the American Legion and they are going to file a disagreement with the denial of IU and include my IHD. I have been unemployed since my heart attack back in 2005, and the American Legion agrees that I should qualify for a higher rating which would put me with a qualifying rating for IU. Does anyone have any opinions, answers , or examples of similar experiences with any kind of positive results?

Two weeks ago the VA contacted me and told me that my records were in Muskogee Oklahoma because I was included in the Nehmer Group. I asked them what date would the VA use to determine a retro date according to Nehmer. I had flied a claim for Ischemic Heart Disease on November 8, 2005. I recieved a VA letter denying my claim on May 6, 2006. I was told that my effective date would definitely be the DATE I FILED, NOT THE DATE I WAS DENIED so my claim would surely be going back to November 8, 2005. I called back a little latter and they confirmed to me again that the date WOULD BE November 8, 2005. If you records are at the Nehmer Group in Muskogee OK, you are being considered for retro according to Nehmer. Based on this, Nehmer does apply to all who have had a claim for one of the "New Presumptive" denied in the past. I hope this information to my fellow Vietnam Veterans.

I'm new to this forum as a contributer. I have been watching it close since I discovered that VA was adding three New Presumptives. I had a heart attack back in March of 2005. I was granted total SS Disability for Ischemic Heart disease to that date. I sent in a claim for IHD and was denied in a letter dated November 8, 2005. Last week August 20, 2010 VA contacted me and told me that my record was with the Nehmer group at the VA in Muskogee OK. I asked would nehmer be applied to the "New Presumptives" and was told point blank that it would. I have been checking the OMB daily and discovered today that the Review was completed on Aug 25, 2010. I have been told that those who qualify may start recieving checks by the end of October since the Final Rules were completed in October. The following information is a copy and paste from the OMB's review: Office of Information and Regulatory Affairs (OIRA) Executive Order Submissions with Review Completed in Last 30 Days August 28, 2010 Department of Veterans Affairs AGENCY: VA RIN: 2900-AN54 TITLE: Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell Leukemia and Other Chronic B Cell Leukemias, Parkinson’s Disease, and Ischemic Heart Disease) STAGE: Final Rule ECONOMICALLY SIGNIFICANT: Yes RECEIVED DATE: 07/08/2010 LEGAL DEADLINE: Statutory COMPLETED: 08/25/2010 COMPLETED ACTION: Consistent with Change