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Ao Claim

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Sent an IRIS inquiry as the the status of an appeal I have in the mill. Got a response back witha vague answer about my appeal and to my surprise, something else.

"Our system indicates that we received your Agent Orange claim on May 24, 2010. This claim is still in the initial stages of processing. We'll be reviewing your claim to determine if additional information is needed. If so, we will inform you of what is needed by letter."

I didn't file a claim that would have an effective date of May 24, 2010. So I tried calling my VSO. He's out all week at a SO convention. Curiosity's got the cat by the throat by now and gasping for air I just called the dreaded 800 #. After punching all the numbers and listening to elevator music for 5 minutes, I was informed that the claim is for IHD and is a re-determination of an earlier denial. Also informed that I fall under the Nehmer Act.

Now the wait begins. AGAIN.

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Well that sounds like a good thing I guess! Many here have asked if they will be under Nehmer.

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John, Something is going on. I read another post recently that mentioned the May 24 date. I reapplied the day after the anouncement last October. I was denied service connection in 1995. The last response I got from the RO was my application was received on May 24 2010 was will be processed as soon as the rule procedure was completed. There must be something about the May 24th date. dan

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Thru the e-benefits site, I noticed a claim on my file for heart disease, dated Oct. 2009 that I have never filed for. Stillhere may have hit on the reason for these mysterious claims we are seeing.

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Just checked the Ebenefits site. Although IRIS confirmed the claim was filed and the 800 # told me what it was for, Ebenefits doesn't list it. Are they that far behind in updating the site?

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  • HadIt.com Elder

First, there is such a thing as an "inferred"claim. Next, the VA, by law, during the claim processing, supposedly is required to generate additional claims if they are made obvious by the veteran's records and or claim language.

It should be understood that the VA has done a very poor job in the past concerning this facet of the laws and regulations. Perhaps because without proper medical knowledge, review and scrutiny, claims are often not "fully developed" in accordance with the letter of the law. Vietnam Vets claims for A.O. related presumptives generally fall under Nehmer. This imposes a bunch of requirements on the VA that are not there for other claims.

Edited by Chuck75
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  • HadIt.com Elder

"and is a re-determination of an earlier denial"

Ahhhh, Golden Language.

Any time the VA decides, upon it's own, to do a "re-determination", especially of an "earlier denial", then you can bet your farm on the fact that they have found out that they screwed up, or that there has been a "change" in policy/rules/law, that is MAKING them do a re-consideration. And, I'd be willing to bet MY farm that you will have some good come from this.

just sayin'....................

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My husband's response was "your claim established on May 24,2010 does fall under Nehmer." 2006 previously denied claim and re-opened April 2010. What up with the date of May 24th? Also he was going to the VA for his heart condition about one year before he filed his claim. Wonder if that will be inferred?

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VA will want to know of any past claim for IHD,Parkinsons or Hairy Cell B Leukemia that was rated as NSC and coded in a past decision.The date of th4 decision or copy of the actual decision itself should be sent with the new claim.

The full gamit of the VA's proposed handling of these new claims (or past denied AO claims) is in the NVSLP link I posted in this forum.

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Here's the reply I just got from IRIS. Hopefully it will shed a little light on what's going on. Looks like RO are re-opening denied claims and all are being looked at under Nehmer.

After review of your files, we see that your claim is “Ready for Decision” as of May 12, 2010. After the decision is reached, it is reviewed, updated in our system, the updates are reviewed and authorized. Once it is authorized, a letter is sent to you explaining our decision.

Since your claim has to do with newly pronounced presumptions for diseases related to exposure to Agent Orange, we await guidance from Congress to continue processing these claims to completion.

<BR style="mso-special-character: line-break">If your claim was started by your regional office and not by you, whether or not you received a letter notifying you of the Nehmer rule, your claim would be processing under this rule.<BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">

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Yes. that is what the VA should be doing.

With the large backlog however I think any vet filing under one of the new presumptives should remind VA in their AO claim of the dates of any past denied claims for the same disability that they now are claimed under the proposed new AO regs,as I dont see how the VA will have time to review all past denials to see if they denied for a now new AO condition.

They are supposed to reopen any potential new Nehmer claims whether the files files a claim or not.

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