Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

New Ao Regs


Berta

Question

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Link to comment
Share on other sites

The Secretary's response to this Writ is here:

http://www.vawatchdog.org/10/nf10/nfjul10/jul10files/varesponse071910.pdf

I think the best thing any vet with one of these new AO presumptives is to file their claim ASAP!!!!!

There is a lot of legal mumbo jumbo here but if one reads it all the publication date does impact on some of the effective dates of some of these new AO claims.This is why the skirmish between vet orgs, vet5 lawyers, the Court and the Sec.

I posted my Federal Register comment here somewhere and I see the retro issue I raised has been defined better in the Secretary's response.

It appeared to me that the VA was trying to limit retro payments to the "first year" or something like that and yet Nehmer

is quite clear as to how any retro will be paid regarding past denied claims for what is now an AO presumptive claim.

NVLSP certainly is not going to stand for any manipulaton of the Nehmer COurt Order.

I started preparing my IHD claim today.

I have to word it carefully. The medical evidence is solid,but it is unique in a way.

The VA awarded me AO death DIC due to my husband's exposure to AO.They had to change their prior award of DIC under 1151.

The only issue they have failed to acknowledge or rectify is that in 2 past decisions they never inferred SMC consideration for him.

They have never rated his DMII, IHD or CVA -all due to DMII incurred by AO in Vietnam.

His IHD was at least 60% disabling up to point that -and since it caused his death-it was 100% disabling.

His CVA (ischemic brain disease due to his DMII was rated incorrectly at 90 % when it should have been 100% and never changed from NSC to 1151 disability and now direct SC secondary to the DMII.

Either via 1151 (I have CUE claim pending on this)or due to the recent AO award for direct SC death with CVA and IHD contributing that I received, the VA has enough medical evidence (that was in the C file and med recs at time of his death to infer and award SMC.He also received 100% P & T SC for PTSD.

His ECHO and 2 past EKGS ,the autopsy and a statement from VA Central Office when I FTCAed them fully supports award of accrued SMC under the Nehmer Court Order due to IHD. Nehmer vets and widows get ALL accrued.

This will be interesting and hopefully not to many widows will need to re open past AO claims but I bet there were plenty of widows and widowers AO claims that VA denied in the past and now which could succeed.

Link to comment
Share on other sites

I read this document and I can't tell what the Sec's response really is. Are they going to publish the new regs or not.

The VA will post the final Reg. when the OMB gets done with it. The VA's view on the Court Order is that the Petitioners reasons for the petition are invalid and that they haven't come up with an alternative. The VA did their part and responded to the court order. I don't believe this court order will have any real effect on making the new regs. get published any faster than it is already going.

Also once the final regs. are published then there is the 60 days for Congressional Review;

Edited by N4XV
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I found this quiet Interesting supreme court decison
      click the link to read about this.

      https://usmilitary.org/supreme-court-decision-may-affect-veterans-across-the-us-wave-disability-deadline-for-thousands/

      From the Article

       
        • Thanks
        • Like
      • 24 replies
    • A VA Compensation and Pension Examiners Perspective
      A VA Compensation and Pension Examiners Perspective

      This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?

      Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.
      • 0 replies
    • VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic 

      “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.
      • 2 replies
    • VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
    • Post in I need some help, please
      If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.

      If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.

      For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.

      Special Monthly Compensation (SMC)

      I hope this helps.

       
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines