Nehmer Class Member-Ao Ihd

[evandc]

Many of you have r'cd the letter from VARO because you had filed for IHD or CAD in the past. My letter came today-I had claim denied in 2000 for CAD. Realized the VA was suppose to consider me for this new Presumptive with "retroactive benefits." To be honest, I'm so accustom to the VA not doing the right thing I was shocked by the letter. Now I have to get busy & send them some info.

Please give me some advice how to proceed.

Thanks,

Don

[Berta]

Have they asked for anything from you yet?

Did they enclose a form for your doctor-if you get private cardio care?

What I did (my claim is for accrued SMC under Nehmer ) is I sent them proof that the veteran had IHD (copies of specific medical records from VA and also documentaton from VA-other sources) and within that proof was enough I believe to rate him properly from 60 % SC p to 100%.Hs IHD was a misdiagnosed condtion (FTCA) from 1988 to his death 6 years later.They never rated it and also pulled my CUE claim on that to go with my formal AO HD claim.

I also stated the past denied claim dates (I wasn't sure on the exact date of the filng date but it was 1995 I am sure) and I sent them link to a BVA denial I had that referenced the older VA denials for IHD.

NVLSP (who won Nehmer ) would like to hear from any vet or widow who had been denied for IHD in the past.

The info they need and their email addy is at:

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-RevisedAORelatedDiseases0610.htm

I posted my response from them somewhere here.

In many cases they might well have enough current medical evidence in the veteran's file to properly SC and rate the IHD.

[evandc]

My package had:

VCAA Notice Response Letter(Nehmer)

Statement in Support(VA21-41380)

Release Information (VA21-4142)

They asked for any additional information, treatment records etc. Except for a 3 day stay in local hospital (had some tests & stress test) all treatment in VA Hospitals. That includes 2 Heart Caths, three stints last March 28.

Also they have "requested VA Exam Cardiovascular Heart and Hypertension." So C & P should be on the way.

I do have a 2000 denied claim that I will find & get dates. Had several stress tests & a heart cath in 2000 & found CAD 50% blockage which they don't bother when it is that percentage of blockage. This time had 3 blockages & they cleared two of them & put in three stints.

I will send the info to NVLSP. With the records VA has & C & P they probably have what they need, but I'll take two or three weeks to put my reply together & beat the 30 day deadline.

Thanks Berta

[stillhere]

Sounds like they are moving your claim right along. Make double sure you remind them of your claim of 2000 and it appears you will be all set.

Good luck on your claim!

[Donna]

My husband has a previously denied claim (2006) and received the VCAA asking for any new evidence to support his claim. We sent in new evidence since the denial and copy of the denial letter. We were asked to send everything to the Nehmer Division in Muskogee Oklahoma. Sounds like they are moving. I would gather everything new that you have to support your claim and get it to them within the 30 days, check the box I have provided everything and have them get on with it. Good luck. Oh and be sure to write your case number on the top of each page you send them, keep a copy for yourself and mail rigistered for proof it was mailed and received.

[Chuck75]

"requested VA Exam Cardiovascular Heart and Hypertension." "So C & P should be on the way."

What is interesting is that the VA put out a instruction letter telling ROs to not schedule C&P exams when information in the "C" file substantiates existing IHD.

It goes on to say that the existing records should be sufficient to rate. And, if a previous claim was denied, they may well be enough under the newly "granted" presumptive status.

The problem is that the VA ROs have the inclination and training to ask for the "moon". This makes an award rating decision a "no brainer" and prevents questions.

Bureaucrats don't like making decisions in general, and obtaining all possible evidence, even when it's not needed is totally within the mind set.

Besides it helps remove any personal liability? in making such a decision, and fits with the first part of the VA mantra-- Delay.

Naturally, by delaying enough, the VA can say that the records are too old, so "current evidence" is needed to justify a new C&P.

In many previously denied cases, the release of information forms, sources of the information, etc. are already in place. Further, IHD is generally a condition

that seldom improves, and generally just gets worse, although more slowly with proper treatment. When you combine IHD with DMII,

the end results are well known, and barring accident, or other acute disease, eventually terminal.

I still have to ask why is IHD the source of all the controversy. The original "watered down" Ranch Hand study was sufficient to meet the "at least as likely as not".

Follow on research & work just further substantiated and added to the original findings that A.O. exposed veterans actually had a greater likelihood of getting IHD and related problems than DMII.

The obvious answer is the cost, and the number of veterans with IHD and related problems.

To me, the military "lifestyle" and the types of food used to feed active duty members may have had a large contributing factor.

Proper consideration and recognition would likely add an untold number of claims.

When a veterans SSA & SSDI claim records show an SSA determination of "total" disability due to service connected or service connectible presumptive diseases, such as IHD and or DMII,

Why are such records ignored by the VA?

My package had:

VCAA Notice Response Letter(Nehmer)

Statement in Support(VA21-41380)

Release Information (VA21-4142)

They asked for any additional information, treatment records etc. Except for a 3 day stay in local hospital (had some tests & stress test) all treatment in VA Hospitals. That includes 2 Heart Caths, three stints last March 28.

Also they have "requested VA Exam Cardiovascular Heart and Hypertension." So C & P should be on the way.

I do have a 2000 denied claim that I will find & get dates. Had several stress tests & a heart cath in 2000 & found CAD 50% blockage which they don't bother when it is that percentage of blockage. This time had 3 blockages & they cleared two of them & put in three stints.

I will send the info to NVLSP. With the records VA has & C & P they probably have what they need, but I'll take two or three weeks to put my reply together & beat the 30 day deadline.

Thanks Berta

[evandc]

Today I r'cd my C & P for Oct 25, 2010. Never in my thirty-seven years of dealing with VA have I seen anything move this fast. When I get this together I'll take it to VARO & get date stamped. I'm already SC for Prostate Cancer so I don't have to fight over you were or were not there etc..since it is now on Presumptive list & I really only expect to get SC at some low ball percentage. Probably most important thing is if something happened in next two years (before I had my ten years for PTSD) wife would get DIC.