Any Takers On

[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.

[Berta]

"I certainly think you should persue SMC S and deserve it."

LOL

I already told them to keep the S award.My husband warranted a much higher SMC level than that.

For all - one 100% SC plus another separate independent 100% SC with one of the SCS at 10O% ( or both) that would warrant A & A award will garner SMC "M". a building block high level of SMC.

That still doesn't even account for my husband's third potential 100% SC award- all independent systems.

I am not pursuing S award at all.

[stillhere]

Hi Berta,

I would like to weigh in if I may. While I do not have Cue experience I have been dealing with the VA on more than one claim at a time and have a BVA appeal in at present.

As you know I was denied for my EED on my IHD award and I am working on getting more supporting evidence on order to ask for a reconsideration.

The 800# people do not know their from a hole in the ground. I do not believe for one minute what they told you and do not find it logical to the way the VA works!

You have a cue that is ready for the BVA so it will be sent and the Nehmer IHD is at Togus I think you said. You should be getting award letters or denials on both of these.

At least that is my take on this. I also feel you WILL get awarded on both and not denied!

Happy Holidays to you and live long enough to make the VA sorry they ever ignored you in the passed.

[Berta]

I think I better just forego ever posting questions here about my issues-

My CUE isnt going to the BVA anymore-it is on a rater's desk in Phila Nehmer division-

The claim at Togus was sent to Phila to be with the CUE-maybe that all was mentioned in a different forum here.

"As you know I was denied for my EED on my IHD award and I am working on getting more supporting evidence on order to ask for a reconsideration."

By all means if you feel they are wrong- use the Nehmer Stipulation and/or VA training letter itself and any past decision or rating sheet that helps you obtain a more favorable EED. All in our AO forum.Pay attention to Footnote 1 of the Stipuation to see if it applies to you.

Mike Harris, former hadit member just informed me his brother got IHD award and a large retro.

But he questioned the date for retro so he is seeking all past rating sheets and decisions to see if IHD is coded in them.