Ao Korea 1968

[Dick]

Berta,

I received a letter today from the VFW Service Office in St Petersburg, Fl stating that the VFW and the Dept of VA determined that i am sc for my time in Korea and my exposure to AO. They futher state i am 60%. I called the RO to check on the status of my claim this morning and they said it was at the Rating Board and that a decision had not been made at this time. How does the VFW get this info? Is there any retroactive date other than the date in which the claim was filed for AO for Viet Nam and Korea vets? Not trying to be greedy but when they wait 30 years to admit that AO was used in Korea......

Sure appreciate your help

Dick

[Berta]

As long as the VFW stated this in a letter -it should be the nitty gritty. CONGRATS!!!!!!!ANOther AO Korea success---

Here is the link to the Nehmer STipulation as to the more favorable EEDS for some- but not all AO veterans:

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

Lots of legalize but it pays to carefully assess all the info on Nehmer at the BVA web site-

They are the lawyers who won Nehmer.

If you ever filed a claim for this same condition that VA says is now due to AO- the retro cou;ld go back to the date of the old decision- as long as the VA acknowledged and listed the same disability and then listed it as NSC.

In some cases the Nehmer EED is determined by other factors-and even SSA can come into play for any retro as well-regardless of Nehmer-

Without the formal decision yet- it is difficult to know how VA will apply Nehmer to your claim and to the EED.

They erred in thousands of EED awards to Nehmer AO vets so it pays to have the info at hand when you get the decision.

If you were never denied by VA for the same condition-and never raised this same issue in past claim-they might well use the date of your filing of this claim.

And they might be correct there- hard to know at this point-

My own claim is example of I mean.

I get DIC under 1151.

The VA and the BVA have stated that the VA must release a high five figure offset amount- if I ever prove direct SC death due to AO.

I am getting closer with my IMos and other extensive evidence to that release of money-

Because in past decision VA acknowledged many of the medically opined AO-caused conditions with ratings and as NSC in a past decision.Rod was totally disabled by these conditions per the VA itself but they award under 1151.

My EED is in 1994 (date of death of my husband)

I discussed this with one of the NVLSP lawyers a few weeks ago and he said I was right on the mark as to my interpretation of Nehmer-regarding my claim.

Still each AO claim is so unique that i is the final decision and rating etc-that will show what the retro is and then we can figure out here at hadit if it is correct.

[Berta]

As long as the VFW stated this in a letter -it should be the nitty gritty. CONGRATS!!!!!!!ANOther AO Korea success---

Here is the link to the Nehmer STipulation as to the more favorable EEDS for some- but not all AO veterans:

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

Lots of legalize but it pays to carefully assess all the info on Nehmer at the BVA web site-

They are the lawyers who won Nehmer.

If you ever filed a claim for this same condition that VA says is now due to AO- the retro cou;ld go back to the date of the old decision- as long as the VA acknowledged and listed the same disability and then listed it as NSC.

In some cases the Nehmer EED is determined by other factors-and even SSA can come into play for any retro as well-regardless of Nehmer-

Without the formal decision yet- it is difficult to know how VA will apply Nehmer to your claim and to the EED.

They erred in thousands of EED awards to Nehmer AO vets so it pays to have the info at hand when you get the decision.

If you were never denied by VA for the same condition-and never raised this same issue in past claim-they might well use the date of your filing of this claim.

And they might be correct there- hard to know at this point-

My own claim is example of I mean.

I get DIC under 1151.

The VA and the BVA have stated that the VA must release a high five figure offset amount- if I ever prove direct SC death due to AO.

I am getting closer with my IMos and other extensive evidence to that release of money-

Because in past decision VA acknowledged many of the medically opined AO-caused conditions with ratings and as NSC in a past decision.Rod was totally disabled by these conditions per the VA itself but they award under 1151.

My EED is in 1994 (date of death of my husband)

I discussed this with one of the NVLSP lawyers a few weeks ago and he said I was right on the mark as to my interpretation of Nehmer-regarding my claim.

Still each AO claim is so unique that i is the final decision and rating etc-that will show what the retro is and then we can figure out here at hadit if it is correct.

[Berta]

As long as the VFW stated this in a letter -it should be the nitty gritty. CONGRATS!!!!!!!ANOther AO Korea success---

Here is the link to the Nehmer STipulation as to the more favorable EEDS for some- but not all AO veterans:

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

Lots of legalize but it pays to carefully assess all the info on Nehmer at the NVLSP web site-

They are the lawyers who won Nehmer.And who are fighting the Haas AO case.

If you ever filed a claim for this same condition that VA says is now due to AO- the retro could go back to the date of the old decision- as long as the VA acknowledged and listed the same disability and then listed it as NSC.

In some cases the Nehmer EED is determined by other factors-and even SSA can come into play for any retro as well-regardless of Nehmer-

Without the formal decision yet- it is difficult to know how VA will apply Nehmer to your claim and to the EED.

They erred in thousands of EED awards to Nehmer AO vets in the late 1990s so it pays to have the info at hand when you get the decision.NVLSP went into the R0s and got these vets their proper retro.

If you were never denied by VA for the same condition-and never raised this same issue in past claim-they might well use the date of your filing of this claim.

And they might be correct there- hard to know at this point-

My own claim is example of I mean.

I get DIC under 1151.

The VA and the BVA have stated that the VA must release a high five figure offset amount- if I ever prove direct SC death due to AO or any other reason- I have claims due to AO and separate claims on the other reasons -pending

I am getting closer with my IMos and other extensive evidence to that release of money-a few things happened recently that support that.

Because in past decisions- VA acknowledged many of the medically opined AO-caused conditions with ratings and as NSC in a past decisions, the VA upon AO death decision would have to release that retro. Rod was totally disabled by these conditions per the VA itself and SSA but they awarded DIC under 1151.With an offset because I sued them and won.

My EED is in 1994 (date of death of my husband)

I discussed this with one of the NVLSP lawyers a few weeks ago and he said I was right on the mark as to my interpretation of Nehmer-regarding my claim.

Still each AO claim is so unique that it is the final decision and rating etc-that will show what the retro is and then we can figure out here at hadit if it is correct.

Edited September 19, 2008 by Berta

[Dick]

Berta

This is truly a complicated situation. I have on my letter from the VFW Effective dates ranging from March18,2007 to May 6, 2008. The list is not complete as there are a couple of items that i have or will claim in the future. These will include PN in the lower extremities which seem to be getting worse with time. I think i'll give the VFW a call and get the VSO's take on the situation.

Many thanks for you excellent help and speedy replys

Dick