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New Ao Regs

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Berta

Question

On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

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My take on the retro is that if a veteran is already at 100%, then retro would not be due for the years that the veteran was paid at the 100% rate. Nehmer and all that limits the ability of the VA to try and deny retro.

Where it gets messy has to do with inferred claims and previous denials, resulting in no or low compensation.

For instance, a veteran was awarded 10%-20% for diabetes. The information in his/her file could have caused an inferred claim for heart disease and ischemia to exist. This is based upon a 2000 court precidential ruling involving heart disease, ischemia, and diabetes.

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Unless the vet gets 100% for a completely independent SC disability- then SMC decision and retro should kick on if the rating is 60% or over.

"Where it gets messy has to do with inferred claims and previous denials, resulting in no or low compensation.

For instance, a veteran was awarded 10%-20% for diabetes. The information in his/her file could have caused an inferred claim for heart disease and ischemia to exist. This is based upon a 2000 court precidential ruling involving heart disease, ischemia, and diabetes."

Chuck= do you mean a VA decision? If so- do you have the name of the vet or more info- or do you mean a Office of General Counsel Pres Op?

This is problem I am having-similiar to the issue you raised here-

the VA has granted direct SC death of my husband due to AO diabetes, causing ischemic heart disease and strokes, and hs death.

They rated the stroke but refuse to rate the DMII and the IHD because they misdiagnosed both of these conditions and never treated him for them.

The misdiagnosis have been proven and documented in the FTCA case I had by VA Strategic Health Team, VACO , DC.

Since I , as a lay person, without IMO or lawyer could prove the misdiagnosed disabilities by virtue of the medical records, then the VA could certainly rate these established but misdiagnosed disabilities..

This would generate the proper SMC rating that they failed to give him-under Nehmer- saying many times that he was not eligible for SMC consideration at all.

100 SC PTSD, AO DMII and AO CAD staged at 20% then up to -100%, AO CVA 100%, and some K awards for loss of use of hands and feet.

Any info on that prececdential decision you mentioned would be great.

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There are 38 comments so far-at the Federal Register site

and the deadline is April 23, 2010.

The wife of a Parkinson's vet raised a very good point.I think this applies to many AO vets.

Although he was diagnosed with Parkinson's about 5 years ago- he didn't file a claim as why tie up VA with a claim that would have been denied?

So he does not have a retro now to rely on under Nehmer if he had filed the clam then and had been denied.

She asked why they don't use the date of diagnosis instead of date of filing the claim.

Of course they are not going to alter this reg that way as her comment would need a whole re-write of 38 CFR but it brings up the fact that many vets never think their disability will become presumptive - but it pays to claim ALL disabilities anyhow- in event it DOES get onto any presumptive list.

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On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

What will be the next thing to happen, since the comment period has ended, when will we hear something else/

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What will be the next thing to happen, since the comment period has ended, when will we hear something else/

DuRock, where do you start to get the retro benifiets? All I had wa an AO physical at Loma Linda, please hrlp on where to go and thank you my prsonal e-mail is wm_thurman@yahoo.com, seems that every timr I vsit this site she has good input, Thanks, Bill

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Durock-I think the regs will be published by July but that might be wishful thinking.

Since many claims have been filed already under the 3 new presumptives,unless there is a question as to the veteran's exposure to AO- I feel they could whip these awards and retro out in a heartbeat as soon as they can determine a proper rating.

I mentioned these stats last night at SVR show- they expect most IHD vets to get 60%$ ratings right off the bat.*I wonder how long the C & P exams will take.

*this might be just speculation on VA's part-hard to know-

Wouldnt this be great- say the vet applied for IHD before and got a NSC rating- then VA could easily turn that past NSC into SC now and then defer the actual permanent rating until a C & P is done.(which of course would be a higher rating in many cases -depending on how old the other claim was before denied.

This would give some of these AO vets some cash-sooner than later- they have been waiting a LONG time for this reg and some could die before the regs are published (the publication gets them into 38 USC,CFR and that makes them Law of the land.

Edited by Berta
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