Big Pat Posted December 16, 2009 Author Share Posted December 16, 2009 (edited) I am trying to track down the original claim. Hopefully I will have it soon. He has it all filed away. I did find out that he was classified back in 85 for PTSD at 10%(PD was listed on there so I think we are safe in that regard). What exactly qualifies you for the 100% disability? He hasn't worked in 15-20 years. Will this qualify him for the 100%? I was looking on the VA site but didn't find where it explained the percentages. Edited December 16, 2009 by Big Pat Link to comment Share on other sites More sharing options...
Berta Posted December 16, 2009 Share Posted December 16, 2009 As long as the 3 new presumptives fall under the Nehmer Court order-the earliest effective date would be-in most cases-the date of the claim that was denied in the past. Example -I filed AO death claim for DMII ,CVA and CAD in 2003, My DIC EED is 1994. DMII comes under Nehmer. These new presumptives SHOULD fall under Nehmer- but one can never determine what the VA will do. I heard from VA Central that the ROs are supposed to be looking for any claims denied in the past which are now AO presumptive. However I wouldnt depend on that-best to file the claim. Nehmer claims that do get favorable EEDS might also get staged ratings that depend on medical evidence of the level of disability through the retro period. Link to comment Share on other sites More sharing options...
Berta Posted December 16, 2009 Share Posted December 16, 2009 I was talking to NVLSP lawyer last week and was sure he said these new presumptives would fall under Nehmer- but they have the confirmation at their web site- http://www.nvlsp.org/Information/ArticleLi...sestoAOlist.htm Link to comment Share on other sites More sharing options...
Big Pat Posted December 16, 2009 Author Share Posted December 16, 2009 Wow. I need to read up more on the abbreviations ;) I called the VA and got the claim going. They are going to be sending my dad the paperwork that they need filled out evidently. I would figure that will be copies of the original claim and his DD214 and such. Is it hard to qualify for the 100% rate that is listed on the VA site? If we could get this for him, that would cover the assisted living cares that will be upcoming. That would be soooo much less a stress point that it isn't even funny. Not to mention the umpteen years of backpay that we will be fighting for! What qualifies someone for 100%? Thanks a ton! You are a fount of knowledge :) Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted December 16, 2009 HadIt.com Elder Share Posted December 16, 2009 Big P, If you will look on the Hadit "home" page, there is a heading that you can click on that will take you to a page with all the abbreviations listed and their explanation. Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted December 16, 2009 HadIt.com Elder Share Posted December 16, 2009 Wow. I need to read up more on the abbreviations ;) I called the VA and got the claim going. They are going to be sending my dad the paperwork that they need filled out evidently. I would figure that will be copies of the original claim and his DD214 and such. Is it hard to qualify for the 100% rate that is listed on the VA site? If we could get this for him, that would cover the assisted living cares that will be upcoming. That would be soooo much less a stress point that it isn't even funny. Not to mention the umpteen years of backpay that we will be fighting for! What qualifies someone for 100%? Thanks a ton! You are a fount of knowledge :) So, you choose to wait on the VA? Link to comment Share on other sites More sharing options...
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