Any Takers On

[Berta 4,215]

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.

[Vync 2,264]

When I was checking my claim status, I could call 1-800 and get one answer, call back again and get another answer. Might be worth a shot.

[john999 974]

If the VA could make the CUE moot by deciding on the IHD claim I think they would do that.

[broncovet 4,206]

Berta

My first impression is that it is "not good" for your claims to be put under Nehmer. The reason is that whenever there is a "class" of claims such as Nehmer, AO, etc. the VA works especially hard to delay them as much as possible. Of course there is always the political foot ball going on where one or more congressmen try to block it as being too expensive that taxpayers cant afford it. Next there are many regulations and complications even if Congress does not do any blocking of Nehmer, AO etc..reminding you that there are lots of people out there wanting cuts...espicially now, that it would look like both the tax cuts to the rich and unemployment extensions will be approved pretty much in full on the US government credit card..that is, there isnt any money to pay for these.

At a very minimum, you can expect your claims to be "spinning on a very large hampster wheel", subject to the whims of congress. We can pretty much rest assured that the VA will oppose anything that means the Veteran/widow will get more benefits in court....there is a lot at stake when you have an equilivant of a class action suit.

Consider the bit about "bilateral" tinnitus...that is, that the

Veteran would be eligible for TWO 10% ratings for tinnitis if each ear was affected by tinnitus. The VA has held that one up for years, and it does not appear that Vets with "two ear tinnitus" are going to be rated at 20% any time soon. I think there is some sort of "Nehmer like" class maneuvering going on with this. Best case scenario would be that Vets get their benefits in ten years, and worst case is they dont get them at all.

Most of us are familiar with AO, basically being delayed, as a class for decades. Many of those AO Vets have passed and they wont be getting anything.

ON the outside chance that an AO widow is sharp enough to substitite the party so she can continue to claim his benefits, there is still a good chance she could pass before all the smoke clears also.

The amount of money at stake in Nehmer is huge, so you can bet the VA has put a lot of its resources on paying out as few claims as possible..preferably none. Expect a significant part of the 400 or so VA employee attorneys to be working on figuring out how not to pay you Nehmer. I am not sure we can completely count on Shinseki's "new" (AO, etc) presumptions...for one thing, I think it is still possible that they will be blocked by congress as to expensive.

I tried, but I cant think of a single senario where this would benefit you, since even if there are no delays and no congress blocking, the VA is still gonna do their best to weasel out of claims on an indivindual basis.

Sometimes I wish we could "opt out" of VA programs such as this.

[carlie 56]

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.

Berta,

I think they will grant the IHD and back date it which would make the CUE moot, from how I am

understanding it the two are inextricably intertwined.

IMO - they should be working 3 shifts AND WEEKENDS !

JMHO

[Berta 4,215]

Thanks John and Carlie-

for all the work I did on the CUE since 2004 (and was thrilled when they said they would send it to the BVA in Sept.but sent it to Nehmer VA instead (it was much more work then the recent IHD claim-fairly easy to get that evidence to them)

I just hoped I would get some input from VA on the CUE and be able to post here at some point whether it failed and why or was valid and why-

oh well---

Broncovet .please don't be offended- I totally disagree with everything you stated except one point you made:

"The amount of money at stake in Nehmer is huge" and I believe their projections for the payments are far lower than what the final figures will be. As you know I questioned these projections with VA in DC.

"I tried, but I cant think of a single senario where this would benefit you."

Just this scenario-three things

1.Final Complete and Total Peace with Honor for my husband.

He came close to that with my recent SC death award.

But the VA is yet to resolve one issue. SMC.

any benefit for me?- I was sick last week and all I could do was some paperwork so I figured out what they owed me-

2. they owe me a five figure award under SMC accrued due to Nehmer.

"Sometimes I wish we could "opt out" of VA programs such as this"

There is no opt out or in under Nehmer.

Agent Orange has been the most important veteran's issue of my life since 1991.

My husband and then I as his widow were in the AO Settlement Fund lawsuit years ago.

But that did not make him an AO veteran.None of his disabilities were claimed AO disabilties during my FTCA matter.Not until 2003.

In my recent award- (I have not posted this news here before because I was so angered by it -yet intend to have this rectified)-

the VA granted his death as directly due to herbicides, but because his DMII never once was diagnosed or treated by the VA ( an additional malpractice condition)- the VA would NOT deem him as an Agent Orange Veteran under Nehmer!

Is that VA double talk or what!!!!!

I know why they did they but the why doesnt matter.

I have not presented that astounding case of arbitrary and capricious crap to NVLSP yet-because I felt I could fight that on my own but I was FURIOUS!

I didnt want to present that VA BS here until I solved that problem.I didn't know how I could ,however.

Then a miracle happened next- the astonishing IHD regulations came out -which will alter the lives of thousands of veterans and their families and survivors.

Maybe the word Miracle is not politically correct so I apologize here.

I never dreamed I would live long enough to see the VA start to do the right thing for Vietnam veterans with IHD.

and before I forget ---# 3

The VA has recently ACKNOWLEDGED my husband as an Agent Orange veteran coming under Nehmer!!!!!Due to the IHD regs!

DOCUMENTED!

I don't give a rat's ass in Hell if they argue with me over the SMC accrued money.I am in good health and they can string it out if they want to.

I have already succeeded in 99 % of what I really wanted-

That they declare his death as due to AO (which they did months ago)-AND that he was certainly an AO vet coming under provisions of Nehmer.( recent documented contacts from VSM of Nehmer -Phila VARO)

I think if you are really interested in AO matters, you should read the complete history of the AO issue and how that issue has changed considerably since the use of AO began in Vietnam and how Vietnam veterans are finally getting proper acknowledgement of some of it's damages.

[broncovet 4,206]

Berta

I meant no disrespect to you and certainly no disrespect to your late husband, and I am very happy for anything that gives you peace and comfort in your loss.

I wasnt pleased with my "first impression" answer to you either, and I had intended to change it but got interrupted and accidently sent it before I could fully process it in my mind.

Then I was working on some changes to your answer and got interrupted again so I deleted the newest revision.

What I meant was that I didnt think the VA "putting both your claims under Nehmer" would benefit you. You have obviously corrected me, and I do not have a problem with that. I certainly think you should persue SMC S and deserve it. And I am glad that it apparently "advanced" your claim, getting 99% of what you wanted. It sounds like it worked out well for you. My brother in law has AO from Nam and has had a very long battle which he has given up on, and I still have a bad taste in my mouth not really beleiving the VA will really grant AO claims. My skepticism of the VA has to do with the VA's history, and they have earned every bit of the poor reputation that I give them, IMHO. In my own "class of claims", that is, Veterans with evidence shredded, the VA has not kept Dr. Peake's promise to give the Veterans affected by shredding the "benefit of the doubt" nor has the VA required accountability for those employees responsible. See fast letter 08-41 for his promise.

I do think there may be some benefit to you to the VA combining the 2004 Cue claim and the the 2010 claim. There seems to be some doubt in your mind, tho if they will do this. The benefit to you of them being combined is that it would seem to get the 2004 claim off the hampster wheel...Six years is a long time, even by VA standards, so anything to get that one going is a good thing. The other reason that combining the two would be good, is that it sounds like the VA plans to resolve them maybe with a DRO decision. IMHO it makes sense to have your claim at the lowest level possible because the CAVC, for example, wont revise the BVA's factual determinations. The lower you are on the "appeal ladder", the more future chances you have at getting approved. One good part of VA benefits is that you only need ONE decision maker decide your claim favorably...even if three previous decision makers all ruled against you.

No hard feelings, I am really just trying to help.