New Ao Regulations

[Berta]

I had to copy the email I got and the links can be copied and pasted into Google to read the regs-sorry but I caanot seem to directly copy and paste stuff here today.I diont know who this came from- someone named Rich Just checked todays Federal Register and they have finally published the new regs on the three new presumptives.

Here is a link to the .pdf version http://edocket.access.gpo.gov/2010/pdf/2010-6549.pdf

And here is a link to the text version. http://edocket.access.gpo.gov/2010/2010-6549.htm

Welcome home all!

[Berta]

Don-I never dreamed I would see IHD go on the AO list in my lifetime.

It pays to claim any disability whatsoever that could potentially be linked to SC.

I bet many AO vets never claimed CAD or IHD in the past because they didn't think they could ever get it SCed.

Their vet reps probably discouraged them for filing for it in the past too.

I hope I can contact my former lawyer.Although he is AO exposed vet, he had CAD but no DMII and last time I saw him (he moved) we never thought this would become a presumptive.

[Sandra Williams]

I have a question. In 2000 my husband was rated 100% due to PTSD. He later requested to add his heart condition to his claim and was denied in 2001. He passed away in 2003 as a result of a massive heart attack 7 years shy of the 10 year requirement for me to automatically qualify for DIC. If he was already rated 100% what impact would that have now that they have added the proposed presumptive illness. If they go back to 2001 on his claim when he was denied would he have gotten more money as far as his disability? Now that he is dead will they go back a pay anything monies he would have been entitled at that time if they had approved his claim to include his heart? Will any of this impact the amount of monies I will receive in back for my DIC/SC for death claim. Just trying to figure it all out from a financial standpoint.

[stillhere]

if these rules bear out it would appear yes. But with him already at 100% before his death you should be OK for DIC.

With him already having a 100% for PTSD if I am reading these regs right they should go back to 2000 when he applied and pay you the retro not sure about what rated but I would say at least 60% as a guess.

If you still have the denial read through it and see why they denied.

Edited March 26, 2010 by stillhere

[hawkfire27]

your in an interesting position.

If what you say is correct and your husband didn't have 10% SC for 10 years before his death, then you need to show he died of SC'ed causes. i.e. Heart attack (IHD), which means you would need to file a claim and get a SC'ed death award for DIC.

If I am wrong I am sure someone will correct me! :-)

I still thought you can get DIC if you were married 8 years? Or is this only for the extra $200+ every month if you already qualify?

I have a question. In 2000 my husband was rated 100% due to PTSD. He later requested to add his heart condition to his claim and was denied in 2001. He passed away in 2003 as a result of a massive heart attack 7 years shy of the 10 year requirement for me to automatically qualify for DIC. If he was already rated 100% what impact would that have now that they have added the proposed presumptive illness. If they go back to 2001 on his claim when he was denied would he have gotten more money as far as his disability? Now that he is dead will they go back a pay anything monies he would have been entitled at that time if they had approved his claim to include his heart? Will any of this impact the amount of monies I will receive in back for my DIC/SC for death claim. Just trying to figure it all out from a financial standpoint.

[Berta]

If his death was due to IHD (they rely on the wording of the death certificate and autopsy if one was done)and I assume he was a Vietnam vet and exposed to AO- then for DIC purposes they should pay DIC back to the date of his death based on what I see here.

I am personal example in a way-

awarded DIC in 1996 with FTCA offset- "as if" service connected DIC due to malpractice.

I re-opened in 2003- and claimed death directly due to AO due to undiagnosed DMII, IHD and strokes.

(My husband's 100% PTSD was not a factor in that claim)

I was awarded a few months ago direct SC death- and the DIC went back to date of his death.

It involved a refund of an FTCA offset but still-NVLSP lawyer felt Nehmer would have kicked in for this DIC retro anyhow.

Because of the complexity of the Nehmer decision it is often hard to assess how Nehmer will be applied to many individual DIC claims as well as veterans claims.

In most cases however- a denial for a past disability that ultimately becomes an AO disability should generate a very favorable EED based on the original claim filing date.

DIC and accrued benefits as well as Nehmer are explained in more detail in the DIC and AO forums below.

Accrued benefits are those that were generated by a favorable decision to a claim the vet had pending at death.

The 534 form however Must be filed within one year after death for accrued benefits to be awarded.

A widow can substitute themselves for the veteran due to a fairly recent new regulation on any pending clams at death and then must support those claims with evidence until VA renders a decision.

If the pending claim (s) are successful the VA will make a posthumous monetary award to the survivor of all accrued benefits -less any benefits the veteran already received.