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Question On Nehmer


VNVetwife

Question

My husband had a heart attack in 2005,had stints put in , also was diagnosed with IHD. He didn't file claim,because it wasn't on AO list. Then in 2006 ,he was diagnosed with DMII ,, he filed on this , { and PTSD,he has always been bothered with PTSD, nightmares,flashbacks , etc,,.ever since he came back from Vietnam , he was, different as night and day when he came back home , ,but wouldn't go to VA for help }... Doctors took him out of work in 2006 , applied for SSDI,, sent all private doctors records in, and was approved for that. VA approved him 20% DMII , 30% PTSD.In that letter ,it stated they couldn't approve heart , secondary to DMII , because heart attack came first , before diabetes......What I was wondering ,would that come under Nehmer,since they referred to the heart in the approval letter , but denied it secondary to DMII , because heart attack was first. I was reading on some posts on VBN and they were talking about { inferred claims } , whatever that means,didn't really understand about all that........If anyone wants to have an opinion or answer , I would appreciate it very much. WE will just be happy if they approve these new persumtives ,,,maybe that would raise his rating enough that he would get his meds, without a co-pay , that would help a ton..,,,He takes 4 BP meds a day ,not counting all the rest of his meds , has acid reflux , artheritis ,etc.He does get diabetes meds and testing strips , without co-pay because of SC. Any help on this ?? ,,Just let me know.

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Your husband should file immediatly if not sooner for his heart disease. The longer you wait the more money you will lose. They are giving C and P exams now for IHD.

J

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Your husband should file immediatly if not sooner for his heart disease. The longer you wait the more money you will lose. They are giving C and P exams now for IHD.

J

Thank You for replying to my post. ....I'm sorry , I forgot to put in my post ,that he did file claim for IHD in Jan. 2010. I know they will go back to then,,,but was wondering about if he would come under Nehmer ,,,back to 2005 .....HE didn't file because it wasn't on Ao list, but they referred to it when he was approved for DMII and PTSD .What do you think ??

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I agree w/jbasser but you needn't worry about monetary loss. IHD claim should go back to original claim date of 2005. I'd also file for TDIU since he can't work and an increase in the PTSD rating.

pr

Thank You for replying to my post ......We thought you had to have a 40 to 60 % rating just on one thing before you could put in for TDIU ?? WE are new on all this , so please reply. Should we send a copy of his SSDI approval letter to VARO??

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He should claim the IHD under the new regulations and refer them to the date of any past denied claim for heart disease (he could even enclose a copy of the older denial for heart disease.

He should ask them for a proper rating for his Agent Orange induced IHD and also remind them to apply the Nehmer Court Order to the retroactive payment and to the earliest effective date.

We have a lot of info on these new IHD claims and the Nehmer Court Order in the Agent Orange forum here at Hadit.

As I understand the application of Nehmer to these new claims-Nehmer should cover any past denied claim for IHD -for the earliest effective date.

I have similiar claim I have not filed yet.(I am AO widow)I just found (in going over years of VAOLA paperwork),that the BVA denied a IHD claim I had filed over a decade ago.And I forgot about it when they awarded under something else.

The VA sent out a Fast Letter for these IHD claims and it covered the Nehmer Court Order.

I will double check to see if it was posted in the AO forum.

Has any doctor associated his HBP with either the diabetes or the IHD? Has he inclded HBP in his IHD claim?

Welcome to hadit.

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He should claim the IHD under the new regulations and refer them to the date of any past denied claim for heart disease (he could even enclose a copy of the older denial for heart disease.

He should ask them for a proper rating for his Agent Orange induced IHD and also remind them to apply the Nehmer Court Order to the retroactive payment and to the earliest effective date.

We have a lot of info on these new IHD claims and the Nehmer Court Order in the Agent Orange forum here at Hadit.

As I understand the application of Nehmer to these new claims-Nehmer should cover any past denied claim for IHD -for the earliest effective date.

I have similiar claim I have not filed yet.(I am AO widow)I just found (in going over years of VAOLA paperwork),that the BVA denied a IHD claim I had filed over a decade ago.And I forgot about it when they awarded under something else.

The VA sent out a Fast Letter for these IHD claims and it covered the Nehmer Court Order.

I will double check to see if it was posted in the AO forum.

Has any doctor associated his HBP with either the diabetes or the IHD? Has he inclded HBP in his IHD claim?

Welcome to hadit.

Yes ,and they sent papers to be filled out for HBP , after he filed for IHD , but it said in there , that for it to be SC, he would have had to developed it while in service or within 1 year of discharge , to claim it because his HBP, started several years before heart attack and IHD. Also thats why we don't think they will consider IHD under Nehmer , is because he never actually filed for IHD, because it wasn't on AO list .They knew about it and the HBP , because we sent copies of all his private doctor's reports when he filed claim for DMII and PTSD.Thats when he got letter of approval for those , and in that letter is where it stated they couldn't approve his heart secondary to DMII because heart attack was before DMII.

I thank You for reply to my post,and if you can add anything else on this , I would appreaciate it...............and anyone else also............ Thanks again.

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