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Berta
VA has put both of my claims under Nehmer.
One-a CUE claim- was filed in 2004 and still in appeals and the other was AO IHD claim filed Aug 2010.
The CUE involved lack of rating and SMC award for IHD and CVA .(under 1151, 38 USC)NONE of my legal evidence has been read or acknowledged yet by the VA.
The new claim is the same basis but due to new regs,and my newer direct SC death award,I made it clear I was looking for accrued SMC under Nehmer (so this vastly different than the CUE claim was.) Nehmer widows/widowers get ALL Nehmer accrued compensation due to the vet at time of death for any AO disability -if their original 534 was filed within one year after death of the veteran.
VA 800# just told me that "an award under IHD would render the CUE claim as a moot issue"-
I was surprised she said that because I have been telling VA this exact point since August with every piece of evidence-hoping they would consider the recent claim first-
but I still hoped for a decision on the CUE claim.Which would be rendered moot anyhow if they award the AO IHD August claim.
Does anyone think they will make decision on the pending CUE first and then on the new IHD claim I filed?All the 800# woman would say is that they have put the claims 'together'.
She said they have been working weekends on these Nehmer claims.
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