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Berta

Nehmer Retro

Question

This was mentioned here before at hadit but it pays to mention again-

Although the VA has the Nehmer Training letter (written by NVLSP and not the VBA)

I would guess many vet reps and advocates do not understand this clause to Nehmer-Paragraph 5, Footnote 1- and it bears repeating as to how this provision works-(Nehmer applies only to claims filed after Sept 24, 1985 -if I find any exception or addendum to that date I will post here-I dont think there are any exceptions but I never guess on Nehmer and re read it often.)

I will use example from NVLSP.

1. Vietnam vet files claim for SC for his ulcer on April 1, 1989.

2. VA denies the ulcer claim but the medical exam by VA reveals the vet also had IHD.

3. IHD is listed as NSC on the rating sheet.

4. Vet files new claim for IHD in 2011.

5. The VA awards in 2011 for AO IHD.

6. the veteran's retroactive effective date for compensation is April 1, 1989.

This is an example from VBM, 2010 Edition.(NVLSP)

It is generalized because many claims are not this cut and dried for purposes of Nehmer retro.Then again many are!

A NSC rating is in essense not a SC rating and technically a denial even if that isn't clearly spelled out in the decision.

These are things we have to watch out for here with AO claims, so that no AO vet's proper retro is overlooked.

Also a pension claim is also a SC claim.

A denial of what is now an AO presumptive in any pension claim could certainly mean these claims should be re-opened under the new regs if they reveal any AO condition listed as NSC and hopefully these vets might attain a very favorable EED under Nehmer.

I am setting aside hours this weekend to review Nehmer again.

It takes hours to absorb it all.I have read it countless times.It is a fabulous decision.

We cannot allow any vet to be denied a proper EED and again I remind that NVLSP wants to hear from any vet denied in the past who now has a Nehmer AO claim.or falls into Paragraph 5 Footnote One as above.

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4 answers to this question

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I sent my name to them but yet have I received a reply.

I do fall under this group, first VA filing But for PTSD in oct 2004

with a letter my my cardiologist saying more likely than not PTSD caused my

Severe Heart Disease

Should I have received a letter or something from the VA

about this status ?

I just received a copy of the C&P, it is all positive for me,

you have read it. Where does it go from here ?

Manila Philippines

Ron

What is your take, I have no idea where to look to even see where the claim is.

Thanks for your help

Ron P

This was mentioned here before at hadit but it pays to mention again-

Although the VA has the Nehmer Training letter (written by NVLSP and not the VBA)

I would guess many vet reps and advocates do not understand this clause to Nehmer-Paragraph 5, Footnote 1- and it bears repeating as to how this provision works-(Nehmer applies only to claims filed after Sept 24, 1985 -if I find any exception or addendum to that date I will post here-I dont think there are any exceptions but I never guess on Nehmer and re read it often.)

I will use example from NVLSP.

1. Vietnam vet files claim for SC for his ulcer on April 1, 1989.

2. VA denies the ulcer claim but the medical exam by VA reveals the vet also had IHD.

3. IHD is listed as NSC on the rating sheet.

4. Vet files new claim for IHD in 2011.

5. The VA awards in 2011 for AO IHD.

6. the veteran's retroactive effective date for compensation is April 1, 1989.

This is an example from VBM, 2010 Edition.(NVLSP)

It is generalized because many claims are not this cut and dried for purposes of Nehmer retro.Then again many are!

A NSC rating is in essense not a SC rating and technically a denial even if that isn't clearly spelled out in the decision.

These are things we have to watch out for here with AO claims, so that no AO vet's proper retro is overlooked.

Also a pension claim is also a SC claim.

A denial of what is now an AO presumptive in any pension claim could certainly mean these claims should be re-opened under the new regs if they reveal any AO condition listed as NSC and hopefully these vets might attain a very favorable EED under Nehmer.

I am setting aside hours this weekend to review Nehmer again.

It takes hours to absorb it all.I have read it countless times.It is a fabulous decision.

We cannot allow any vet to be denied a proper EED and again I remind that NVLSP wants to hear from any vet denied in the past who now has a Nehmer AO claim.or falls into Paragraph 5 Footnote One as above.

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"with a letter my my cardiologist saying more likely than not PTSD caused my

Severe Heart Disease."

"Should I have received a letter or something from the VA

about this status ?"

You could use the IRIS system (the Contact s area at the main site) for a status and the whereabouts of your claim.

http://www.va.gov/

You need to find out if the VA itself has pulled the other claim and is now considering it under the IHD regulations.

I had a pending claim that the new regs impacted on.But it was a CUE claim.

I immediately filed a AO IHD claim with evidence on August 1st 2010 and I got Iris response that they cannot find the new claim but have pulled the SMC CUE claim to fall under Nehmer.

They might be doing this in your case- but I never guess with VA, so this is why I filed a new claim.

I received call from VA in Phila (Nehmer adjudicators) and missed it yesterday and then received another Iris from the Phila VSM and she verified that they found the new claim and said it was with an adjudicator.

Still -I have made sure I sent them copy of the new claim last week with considerable more info-and sent this directly to the VSM.

My long point here is that many past claims they have come under Nehmer now-and A but it takes a VA employee who can read to determine that-

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"with a letter my my cardiologist saying more likely than not PTSD caused my

Severe Heart Disease."

"Should I have received a letter or something from the VA

about this status ?"

You could use the IRIS system (the Contact s area at the main site) for a status and the whereabouts of your claim.

http://www.va.gov/

You need to find out if the VA itself has pulled the other claim and is now considering it under the IHD regulations.

I had a pending claim that the new regs impacted on.But it was a CUE claim.

I immediately filed a AO IHD claim with evidence on August 1st 2010 and I got Iris response that they cannot find the new claim but have pulled the SMC CUE claim to fall under Nehmer.

They might be doing this in your case- but I never guess with VA, so this is why I filed a new claim.

I received call from VA in Phila (Nehmer adjudicators) and missed it yesterday and then received another Iris from the Phila VSM and she verified that they found the new claim and said it was with an adjudicator.

Still -I have made sure I sent them copy of the new claim last week with considerable more info-and sent this directly to the VSM.

My long point here is that many past claims they have come under Nehmer now

-and VA is supposed to be pulling out any past denials or pending claims that now potentially fall under Nehmer- but it takes a VA employee who can read to determine that-

and I am actually surprised that my SMC CUE claim was pulled as no one there has read it properly since I filed it in 2004.

If you can get a stats from IRIS you will know better what is what-

ask them for the physical whereabouts of the claim and if they have considered it as a Nehmer claim under the new IHD regulations.

A veteran or widow can raise mre than one basis for service connection- you have 2 basis-

PTSD causing IHD by medical evidence and IHD due to your exposure to AO.

It is the IHD claim that could go faster than the pending claim but you need response from IRIS to determine what they are doing.

I bookmark and make hard copies of all IRIS responses.

I never ask them to call me with the response and request email replies and was surprised they did call-

I like to get anything from VA in writing ( in case I need it as evidence)

If you mean NVLSP has not replied yet- I am sure they have been overwhelmed and it will take time for them to reply to you.

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Thank you for your untiring efforts to help me , My VSO has abandoned me and I am lost in a PTSD Daze of Halo's

"with a letter my my cardiologist saying more likely than not PTSD caused my

Severe Heart Disease."

"Should I have received a letter or something from the VA

about this status ?"

You could use the IRIS system (the Contact s area at the main site) for a status and the whereabouts of your claim.

http://www.va.gov/

You need to find out if the VA itself has pulled the other claim and is now considering it under the IHD regulations.

I had a pending claim that the new regs impacted on.But it was a CUE claim.

I immediately filed a AO IHD claim with evidence on August 1st 2010 and I got Iris response that they cannot find the new claim but have pulled the SMC CUE claim to fall under Nehmer.

They might be doing this in your case- but I never guess with VA, so this is why I filed a new claim.

I received call from VA in Phila (Nehmer adjudicators) and missed it yesterday and then received another Iris from the Phila VSM and she verified that they found the new claim and said it was with an adjudicator.

Still -I have made sure I sent them copy of the new claim last week with considerable more info-and sent this directly to the VSM.

My long point here is that many past claims they have come under Nehmer now

-and VA is supposed to be pulling out any past denials or pending claims that now potentially fall under Nehmer- but it takes a VA employee who can read to determine that-

and I am actually surprised that my SMC CUE claim was pulled as no one there has read it properly since I filed it in 2004.

If you can get a stats from IRIS you will know better what is what-

ask them for the physical whereabouts of the claim and if they have considered it as a Nehmer claim under the new IHD regulations.

A veteran or widow can raise mre than one basis for service connection- you have 2 basis-

PTSD causing IHD by medical evidence and IHD due to your exposure to AO.

It is the IHD claim that could go faster than the pending claim but you need response from IRIS to determine what they are doing.

I bookmark and make hard copies of all IRIS responses.

I never ask them to call me with the response and request email replies and was surprised they did call-

I like to get anything from VA in writing ( in case I need it as evidence)

If you mean NVLSP has not replied yet- I am sure they have been overwhelmed and it will take time for them to reply to you.

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