Knock Me Over With A Feather

[johnjjr]

I posted on wed. I was unsure about filing a NOD on my Jan '09 decision. Well, I did. Hand delivered the papers to the RO wed. afternoon,got a signature and came home. 150 miles round trip but worth it. Out of curiosity, I called the 800 # this morning at 11:15 AM to see if it was in the system yet.I was told that this morning a DRO had requested a hearing on my NOD. I couldn't believe it, so I called again and was told the exact same thing. I was told on the second call that it will be after the first of the year before a hearing can be scheduled. Talk about the speed of light. I didn't know the VA could move so fast.

Do you think there is a legit reason for this or am I just being shuffled to meet someone's quota?

[Berta]

Huh? I am appalled here as this seems to be a no brainer award-that any regional office could handle.

AMC? BVA?

I thought a DRO was going to have hearing with you- at a VARO-

"The DRO requested a hearing on the neuropathies." The Dro DID? That is very odd.

Something is drastically wrong here.

If they gave you wrong EED for the DMII and it appears they are not recgnizing when the DMII was evidence in your medical records- you should have requested a reconsideration but as I think it stands - you requested a DRO hearing.

At the VARO. Not AMC or the BVA, ????

I assume this is a EED under the Nehmer Court Order.

I had to request a special review under Nehmer with VA Central Office.

I just got it in the mail but NVLSP lawyer (NVLSP won Nehmer) told me yesterday he did not know if the retro office was still working on AO retro claims.

After I called VACO I foi=und they still were because ROs were defying the retro amounts.

This is what I feel you are going through as well as me-

Has your rep mentioned anything at all as far as requesting a Retro Review from VACO under Nehmer?

I" received conformation that one hearing would be held for both NODs. Today I called the Appeals Management Board to see if a date had been set. I was informed that I would be going to Washington D.C. for a BVA hearing.

Can they skip the DRO hearing I requested and forward my NODs to the BVA without informing me?"

I am sorry but None of that makes any sense to me.

It looks like they are trying to stall on a retro Nehmer payment which just be easy for them to do.

How have they worded anything that says the DMII did appear earlier then the other disabilities- or how did they deny that fact?

[johnjjr]

Appeals management Board mis-informed me. My VSO called and confrimed hearing to be held in RO. I asked him about a retro review at VACO under Nehmer. His reply,"I never heard of that." I'm beginning to think he doesn't know his butt from a hole in the ground. Yes, it is an EED.

[Berta]

If you have EED problems at that hearing let us know here and I will give you the info I just got- No sense in my publishing the Nehmer reto info it yet-as NVLSP was not sure if this Nehmer Retro Office in VACO is still open.But I was tild by the CLL office that is was still open.

In my opinion it should be- the VA is still withholding Nehmer retro from vets and widows.

If you had a claim for the same AO disabilities in the past that VA denied -you could be looking at the date of that older claim as the EED for your AO conditions.Hard to say ....

Our vet reps never really got up t0 speed on Nehmer- the most important court decision that ever affected all Vietnam and other AO exposed veterans.

How many of them will properly represent claims under the 3 new presumptives which also might have very favorable past EED dates?

One main reason VA almost got away with snookering Millions of AO comp from vets in the late 1990s is that their vet reps didnt have a clue on what Nehmer was all about and never advised or supported NODs on the wrong retroactive payments dates.

Those reps were negligent and could have been sued in my opinion.

[johnjjr]

Got my letter in today's mail. My hearing on both NODs is scheduled for Feb 25, 2010. At least I know I'm still a thorn digging into someone's foot.

[JamesBreckenridge]

Hey, Johnjjr,

You were DENIED erectile dysfunction, but GRANTED DMII, because the ED was considered part of the DMII????

That's a CUE right there. If you were granted SC for DM2, then any conditions secondary to or part of the DM2 are also SC. Now, the ED is likely noncompensable, because you have to have an actually deformed whanger to be compensable. But what it DOES to is open the door to a claim for Special Monthly Compensation, paragraph K, for loss of use of a creative organ, which is an extra little bit of change.

Cardiovascular problems are a recognized complication of diabetes. Remember, it's not that diabetes that kills you, it's all the complications that diabetes causes. Ask for a C&P exam with medical opinion on whether your currently non-sc CAD is at least as likely as not secondary to your DM2, and be sure to point out the earlier DM2 symptoms that predate your CAD diagnosis.

Also, I see that you've been evaluated for Peripheral Neuropathy. Did they check you for Peripheral Artery Disease? It's a complication of circulation in your extremeities, particularly your legs, that is rated on doppler ultrasound of blood velocities at your ankles or some such. It's frequently good for a couple of 10 percents.