Bva Question

[grent]

I HAVE CASE PENDING AT BVA WASHINGTON

MY QUESTION IS THIS , IF THE EVIDENCE IS SO COMPELLING AND DAMNING AGAINST THE LOCAL VARO ON ONE OF THE ISSUES CAN I REQUEST AN ADMINISTRATIVE REVIEW FROM VA CENTRAL WASHINGTON DC???

OR

OR JUST LET THE CASE PROCEED THROUGH THE BVA MACHINERY

IF I GOT A NEGATIVE REVIEW WOULD THAT COMPLICATE THAT ISSUE AND OTHER ISSUES EVENTUALLY BEFORE THE BVA

THNKS

[S. Brown]

On 11/29/2009 at 2:55 PM, Berta said:

This is a brief rendition of Nehmer I and Nehmer II

http://www.nvlsp.org/images/AO-CLASSACTIONDECISION.pdf

 

The NVLSP web site has considerable more information on Nehmer.

 

The Nehmer decision meant that veterans denied with AO disabilities in the past (or AO widows who were denied) as class action members have often but not always Very favorable EEDS for their awards.

 

As I mentioned many times here the VARO withheld millions of dollars in AO retro from vets and widows whio didnt even know it in many cases.

 

NVLSP got them their money back.

 

The fairly recent CLL AO regs found that VA had again started to withhold Nehmer retro again illegally.

 

I was directed last week to the Review committee that reviews any erroeous withholding of Nehmer money.

 

I have given the VARO 6 months to send me this retro but they have ignored my requests and did not consider my BVA decision at all in their award letter in May.

 

The C & P person who has handled some of these retro AO claims in DC was stunned at the 2 erroneous award letters I read to her by phone last week, they are beyond incompetence and she said to file for a Nehmer Review immediately.She asked what EED they gave me and I said no EED whatsover ---. when in fact my EED is October 1994.

 

When I get time I will post on how these reviews are done.and what one needs to do to get this type of review.

 

They only involve any class action Nehmer claimant with AO award from BVA or VARO and/or evidence that fully supports the retro payment they got is incorrect or VA didnt send it to them at all.

Hi, Berta!

I know this is an old thread but I found it seeking out information on Successful Nehmar Cases.

In 2007 I was a awarded a 0% service connection for sinusitis due to Iraq burn pit exposer.

13 years later Sinusitis was added to Gulf War Burn Pit Presumptive's and after a C&P two months ago I was awarded a 50% rating this month for the same symptoms I had, documented, and claimed in 2007.

Would the retro and effective date fall under the same guidelines as the Nehmar Cases?

Thank you for any knowledge and guidance you would be willing to share.

 

 

[Berta]

S Brown- I pasted your recent question as it is not in the recent thread format:

Posted 6 hours ago

  On 11/29/2009 at 2:55 PM, Berta said:

This is a brief rendition of Nehmer I and Nehmer II

http://www.nvlsp.org/images/AO-CLASSACTIONDECISION.pdf

 

The NVLSP web site has considerable more information on Nehmer.

 

The Nehmer decision meant that veterans denied with AO disabilities in the past (or AO widows who were denied) as class action members have often but not always Very favorable EEDS for their awards.

 

As I mentioned many times here the VARO withheld millions of dollars in AO retro from vets and widows whio didnt even know it in many cases.

 

NVLSP got them their money back.

 

The fairly recent CLL AO regs found that VA had again started to withhold Nehmer retro again illegally.

 

I was directed last week to the Review committee that reviews any erroeous withholding of Nehmer money.

 

I have given the VARO 6 months to send me this retro but they have ignored my requests and did not consider my BVA decision at all in their award letter in May.

 

The C & P person who has handled some of these retro AO claims in DC was stunned at the 2 erroneous award letters I read to her by phone last week, they are beyond incompetence and she said to file for a Nehmer Review immediately.She asked what EED they gave me and I said no EED whatsover ---. when in fact my EED is October 1994.

 

When I get time I will post on how these reviews are done.and what one needs to do to get this type of review.

 

They only involve any class action Nehmer claimant with AO award from BVA or VARO and/or evidence that fully supports the retro payment they got is incorrect or VA didnt send it to them at all.

"Hi, Berta!

I know this is an old thread but I found it seeking out information on Successful Nehmar Cases.

In 2007 I was a awarded a 0% service connection for sinusitis due to Iraq burn pit exposer.

13 years later Sinusitis was added to Gulf War Burn Pit Presumptive's and after a C&P two months ago I was awarded a 50% rating this month for the same symptoms I had, documented, and claimed in 2007.

Would the retro and effective date fall under the same guidelines as the Nehmar Cases?

Thank you for any knowledge and guidance you would be willing to share."

No, Nehmer is far different from the burn pit and particulate matter regulations ( Particulate matter regulations are new and we have info on them under a hadit search)

If the "0" SC rating of 2007 was never appealed, this would not be a basis for more retro.

However you said:

"two months ago I was awarded a 50% rating this month for the same symptoms I had, documented, and claimed in 2007."

That could be a potential CUE claim for more retro-maybe-

Can you scan and attach here the 2007 decision as well as the recent award letter,including the evidence they used as well as a copy of the 2007 C & P exam?

Cover your C file #,name, address, prior to scanning it.

The CUE would depend on established and documented  medical evidence the VA had at time of the 2007 decision, that would have warranted a higher rating at that time. Alo I dont know if the ratings for this condition  had changed since 2007 and the diagnostic code on both decisions would help determine that.

 

 

 

 

[Berta]

I filed for an Administrative Review in 1996 when the VA was dancing around with me on two claims as well as a FTCA tort claim.

"MY QUESTION IS THIS , IF THE EVIDENCE IS SO COMPELLING AND DAMNING AGAINST THE LOCAL VARO ON ONE OF THE ISSUES CAN I REQUEST AN ADMINISTRATIVE REVIEW FROM VA CENTRAL WASHINGTON DC???"

That was part of the basis of my review request.Those claims were all resolved- one in 1996 and the others in 1997.

However-I was only the second Admin Review Request the lawyer at VACO had ever gotten. These are usually filed by VA employees themselves when they see something radically wrong and I know a vet rep who filed one for a widow.He lost her case.

If you could get the support from a vet rep for this -then by all means file one-

but this has to involve administrative procedure so erroneous when compared to adjudication guidelines in M21-1 that it has prejudiced your claim.

I am filing tomorrow a different type of Administrative review- regarding AO retro-

if you need that info I can put it here.

But this only involves any Class Action Nehmer vet or widow who has been denied their proper award for Nehmer retro DIC or comp.

These types of reviews depend on established medical evidence.Because they are in fact reviews of a legal nature.

What is the basis of your BVA appeal?

[grent]

I filed for an Administrative Review in 1996 when the VA was dancing around with me on two claims as well as a FTCA tort claim.

"MY QUESTION IS THIS , IF THE EVIDENCE IS SO COMPELLING AND DAMNING AGAINST THE LOCAL VARO ON ONE OF THE ISSUES CAN I REQUEST AN ADMINISTRATIVE REVIEW FROM VA CENTRAL WASHINGTON DC???"

That was part of the basis of my review request.Those claims were all resolved- one in 1996 and the others in 1997.

However-I was only the second Admin Review Request the lawyer at VACO had ever gotten. These are usually filed by VA employees themselves when they see something radically wrong and I know a vet rep who filed one for a widow.He lost her case.

If you could get the support from a vet rep for this -then by all means file one-

but this has to involve administrative procedure so erroneous when compared to adjudication guidelines in M21-1 that it has prejudiced your claim.

I am filing tomorrow a different type of Administrative review- regarding AO retro-

if you need that info I can put it here.

But this only involves any Class Action Nehmer vet or widow who has been denied their proper award for Nehmer retro DIC or comp.

These types of reviews depend on established medical evidence.Because they are in fact reviews of a legal nature.

What is the basis of your BVA appeal?

OKAY ILL JUST LET THE THINGS PROCEED NORMALLY THROUGH THE BVA AND GO FROM THEIR. OF FURTHER NOTE I NOTICED THE AMOUNT OF CLAIMS KEEPS STEADILY RISING

AT ALL VAROS

I FEEL WHEN THE EITHER THE IRAQ OR AFGHAN WARS ARE COMPLETED CHANGE WILL COME IF THEY SUDDENLY WITHDRAW BOTH THEATERS AT ONCE THE VA WILL HAVE NOW HAVE A VERY COMPLICATED CLAIMS ISSUE ON THEIR HANDS NOT THAT THEY DONT ALREADY ITS GOING TO GET WORSE

EVEN WHEN AND IF THE IRAQ WAR ENDS CHANGE WILL COME I FEEL A LOT OF VETS ARE GOING TO GET FED UP AND BE INTERVIWED ON TV

YOU TUBE IS BECOMING MORE INTERESTING TO ME ON VETERANS ISSUES

CHANGE WILL COME AT VA ITS JUST A MATTER OF TIME I FEEL THATS WHY THESE TWO WARS KEEPING DRAGGING ON

THE FED DOD AND VA ARE SAYING WHAT ARE WE GOING TO WITH ALL THESE VETERANS I FEEL THEY WILL HAVE TO CREATE JOBS FOR VETS IN THE VARIOUS FEDERAL BRANCHES OF GOVERNMENT

BASED ON THE CURRENT ECONOMIC SITUATION AND VETS COMING HOME THE VA JUST CANT KEEP SHOVING CASES OFF ON THE BVA AMC OVER HEAR OVER THEIR DAV USELESS DRO HEARINGS AND ALL THESE DUMPING GROUNDS FOR TIME OUT ON CLAIMS, AS MORE TIME GOES BY MORE VETS COME HOME AND THE BACKLOG IS GETTING WORSE AND WORSE I FEEL THE SYSTEM IS GOING TO CRASH LIKE THE STOCK MARKET IT HAS TO AND CRASH IT WILL

AND ITS GOING TO BE DEVISTATING

AND THAT CRASH WILL CAUSE THE VA SYSTEM TO BE UP DATED AND COMPLETELY OVER -HAULED

I BELIEVE THEIR WILL BE MORE STORIES NEWS ARTICLES ON THE VA AND THEIR WHOLE SHABY INEFFCIENT CLAIMS AND APPEALS SYSTEM.

I SEE ALL OVER THE INTERNET VARIOUS POSTS HOW TRULY MAD AND UPSET VETERANS ARE WITH THE VA I DONT BLAME THEM.

IF POSSIBLE COULD YOU PLEASE POST A CASE CITE ON THE NEHMAR DECISION,

,

ON BRADLEY V PEAK I READ THAT OVER AND OVER AND READ THE ABRAMS REPORT THAT PERSON MR ABRAMS IS VERY WELL EDUCATED AND RIGHT ON POINT YOU CAN SEE IT IN HIS REPORT AND THE CASE CITE

THAT CASE WILL BE A SERIOUS SERIOUS ISSUE AND LEGAL RULING THE VA WILL HAVE TO NOW DEAL WITH AND RE-ADJUDICATE I FEEL ALL TDIU CLAIMS PRIOR AND PRESENT AND ALL 100% P AND T CLAIMS PAST AND PRESENT IF I READ THE CASE LAW AND HOUSE HEARING BRIEFS CORRECTLY / THEY WILL ALL HAVE TO BE RE-ADJUDICATED JUST LIKE THE RETRO

LETTER I GOT ON TBI EFFECTIVE DATE CHANGE AND RETRO FROM THE VA AWHILE BACK

MAINLY BECAUSE IT'S CASE LAW / LEGAL PRECIDENT / STARI DECISIS I THINK AND THATS THE NAIL IN THE COFFIN AND CONTINUITY CASES MUST APPLY AND FAIRNESS PREVAIL AS WELL.

WHAT THE VA AND COURT DOES FOR ONE MUST BE DONE FOR ALL.

THANKS AGAIN AND I WOULD LIKE TO SEE CASE CITE FOR NEHMAR IF YOU HAVE TIME.

HAPPY HOLIDAYS / HAPPY NEW YEAR TO ALL

[Berta]

This is a brief rendition of Nehmer I and Nehmer II

http://www.nvlsp.org/images/AO-CLASSACTIONDECISION.pdf

The NVLSP web site has considerable more information on Nehmer.

The Nehmer decision meant that veterans denied with AO disabilities in the past (or AO widows who were denied) as class action members have often but not always Very favorable EEDS for their awards.

As I mentioned many times here the VARO withheld millions of dollars in AO retro from vets and widows whio didnt even know it in many cases.

NVLSP got them their money back.

The fairly recent CLL AO regs found that VA had again started to withhold Nehmer retro again illegally.

I was directed last week to the Review committee that reviews any erroeous withholding of Nehmer money.

I have given the VARO 6 months to send me this retro but they have ignored my requests and did not consider my BVA decision at all in their award letter in May.

The C & P person who has handled some of these retro AO claims in DC was stunned at the 2 erroneous award letters I read to her by phone last week, they are beyond incompetence and she said to file for a Nehmer Review immediately.She asked what EED they gave me and I said no EED whatsover ---. when in fact my EED is October 1994.

When I get time I will post on how these reviews are done.and what one needs to do to get this type of review.

They only involve any class action Nehmer claimant with AO award from BVA or VARO and/or evidence that fully supports the retro payment they got is incorrect or VA didnt send it to them at all.