ptsd Nehmer No Pending Claim

[RDT]

I received an IRIS respond that stated "No indication of pending claim being a Nehmer case,Veteran is already rated for heart condition.

I am rated at 10% for hypertention tied to PTSD and 10% for coronary artery disease tied to PTSD.

I filed a seperate claim in 2000 for service conection of CAD tied to Agent Orange, I believe this is a seperate case of Nehmer & IHD tied to agent orange.

Was filed again in 2006 2008

Can anyone guide me on what to do to move forward,

Thanks

RDT

[N4XV]

I received an IRIS respond that stated "No indication of pending claim being a Nehmer case,Veteran is already rated for heart condition.

I am rated at 10% for hypertention tied to PTSD and 10% for coronary artery disease tied to PTSD.

I filed a seperate claim in 2000 for service conection of CAD tied to Agent Orange, I believe this is a seperate case of Nehmer & IHD tied to agent orange.

Was filed again in 2006 2008

Can anyone guide me on what to do to move forward,

Thanks

RDT

When were you granted SC for CAD secondary to PTSD?

Did you get a denial letter for your 2000 claim for CAD?

The info you provided so far is a bit sketchy. I don't want to assume anything but if your claim for CAD due to AO in 2000 is the same granting SC secondary to PTSD it would make Nehmer somewhat moot.

[stillhere]

If you were granted Service Connection in 2000 for cad then it would be a moot point because you can only be granted once for each body condition.

i was granted in 2005 CAD secondary to Diabetes 2 at 60% so I can not claim IHD. But hey I was getting my compensation before a lot of other vets.

Let us know what it is you are trying to accomplish and we can try and help.

[Berta]

I replied in a different topic you posted in but here it is basically-

you were not denied for AO IHD in the past so Nehmer does not kick in.

I suggested you definitely ask for higher rating for the heart disease-and if you are not working apply for SSA and TDIU!

"10% for coronary artery disease tied to PTSD" - congrats there -those awards are often hard to get.

Do you have copies of all medical records? The 10% seems way too low.

[RDT]

I never received a notice back on my claim in 2000 only a request to release information form that was dated stamped showing a claim for CAD and heart. My wife sent a letter the following year wanting to know the situation of the claim. She still did not receive an answer.

I was able to get my records from the VA, but they are not complete and even had some records of another veteran in my file.

I was being treated by the VA for my IHD & CAD from 2000 thru current.

They granted me 10% in October 2009 that states: Coronary artery disease,status post coronary artery bypass graft associated with posttraumatic stress disorder now claimed as depression and sleep disorder.

We filed a seperate claim for IHD and Agent Orange in 2009 tied to Nehmer, which the IRIS report said is not valid,due that I am already compensated 10% for Heart.

This 10% is not tied to Agent Orange and not addressing the claim filed in 2000.

Am I wrong in saying these are two seperate heart claims at two different time frames?

When were you granted SC for CAD secondary to PTSD?

Did you get a denial letter for your 2000 claim for CAD?

The info you provided so far is a bit sketchy. I don't want to assume anything but if your claim for CAD due to AO in 2000 is the same granting SC secondary to PTSD it would make Nehmer somewhat moot.

[RDT]

Merry Christmas Berta,

Thanks for the responds.

If I had a claim in 2000 for CAD and the claim was never adressed, is that a valid claim? I have a copy of the request to release information showing heart and CAD on the form and it has a VA date stamp on it.

My wife was so bust with getting the VA to treat me for the heart and the claim was just left open.She has a letter from the VA admiting me to the VA health system and a letter she sent the following year asking about VA compensation for the heart claim.

Thanks

RDT

I replied in a different topic you posted in but here it is basically-

you were not denied for AO IHD in the past so Nehmer does not kick in.

I suggested you definitely ask for higher rating for the heart disease-and if you are not working apply for SSA and TDIU!

"10% for coronary artery disease tied to PTSD" - congrats there -those awards are often hard to get.

Do you have copies of all medical records? The 10% seems way too low.

[RDT]

Hi,

I never received a rating in 2000 for CAD. That claim was never addressed and left open.

I only received the 10% compensation tied to my heart from PTSD in 2009 . No awards today that deal with IHD and Agent Orange.

Thanks

RDT

If you were granted Service Connection in 2000 for cad then it would be a moot point because you can only be granted once for each body condition.

i was granted in 2005 CAD secondary to Diabetes 2 at 60% so I can not claim IHD. But hey I was getting my compensation before a lot of other vets.

Let us know what it is you are trying to accomplish and we can try and help.

[N4XV]

Ok I read your other post in Test Posting Messages Here and it explains your situation a little better. Seems like the VA is saying there is no record of your filing a claim for compensation in 2000. In 2000 shortly after filing your claim you should have gotten a letter from the VA stating they received your claim and requesting what additional information they needed from you.

You stated "My wife file for disability and treatment for my heart to the VA and I was being treated for the heart from 2000 to current. We got a copy of my medical records and it showed she filed the consent to release information form for the CAD & heart. It was not filed as Agent Orange,but tied to service in Vietnam."

Was this actually a claim filed to a VARO? The VARO is the side of the VA that handles Compensation and Pension claims whereas a VAMC or VA Outpatient Clinic handles the health care side of the VA. Usually they do not communicate with each other unless the VARO requests medical info from the heath care side.

Is it possible your wife only applied for heath care thinking it was also a claim for compensation? The only thing I can suggest is you seek out a VSO and see if they can help you.

[RDT]

Hi,

I have attached a copy of the request to release information form that was mailed in to the VA for compensation for heart disease in 2000. The VA never ask for any additional information after that was mailed in and the claim was never decided.

If VA requested this form to view the medical records for compensations tied to service in Vietnam ,it seem that the claim was open and is still pending as not settled. This is the reason I am trying to see if this would fall with in Nehmer.

Not sure how to approach this.

Paula

Edited December 25, 2010 by jbasser (see edit history)

[jbasser]

Hi,

I have attached a copy of the request to release information form that was mailed in to the VA for compensation for heart disease in 2000. The VA never ask for any additional information after that was mailed in and the claim was never decided.

If VA requested this form to view the medical records for compensations tied to service in Vietnam ,it seem that the claim was open and is still pending as not settled. This is the reason I am trying to see if this would fall with in Nehmer.

Not sure how to approach this.

Paula

RDT do not ever scan a document without marking out your Social Security number and VA number as it can have disastrous consequences.

Omit the info and re-post.

I see what you are trying to do. You want to use the latest VA IHD regs for your CAD instead of secondary to your PTSD.

I do see it being possible as the Retro for IHD would fall under Nehmer.

I suggest that with the level of complexity you are having would be to retain an attorney who knows VA law better than We do to handle this one.

J

[Berta]

Do you have copy of and proof of mailing of the original 2000 claim?

Was it a formal 21-526 application?

"I never received a rating in 2000 for CAD. That claim was never addressed and left open."

I agree-if this was a valid claim and you have proof of filing it- that a good VSO could look into this for you.

If you can prove that older claim is still open or even was denied somehow- that could generate a better EED.(retro date)

I couldn't read the attachment but proof of this:

"I have attached a copy of the request to release information form that was mailed in to the VA for compensation for heart disease in 2000. The VA never ask for any additional information after that was mailed in and the claim was never decided."

might be the only proof you need as why would VA send you authorization release forms unless a formal claim had been filed.???

Did you at any time call 800# or use IRIS in all the years that claim seemed to be pending?

If I were you I would request copy of the C file-

I wonder if the 2000 claim is in it.

Strange things like that can happen.

[RDT]

HI Berta,

I have requested a copy of my C-file three times over the last two years to no avail. I only have part of my records and most of them are the medical records I was able to get released. Can I send my claim and records to the the Attorney that are in charge of Nehmer to see if they can get my C-file and fight this claim. Seem the Oakland VA will not release my file. I know it is 100 of pages thick.

Blessing

RDT

[stillhere]

Which RO are you dealing with?

You are 80% disabled rated by the VA? Then you must know how the system works or you had a good VSO working for you it would seem.

I once on one of my claims had an occassion where the VA did not address a condition I applied for. When I got the decision on the other condition I asked reight away about my other conditions and got that looked at.

I agree with j basser on this you might want to sit down with a lawyer.

[stillhere]

one other thing the VA might be doing is saying that your heart is already being compensated for. Whether it is PTSD or whatever if you are being compensated for it then that is it.

Just like in my case I was being compensated since 2005 after my MI secondary to my DM2. I can not be compensated again because I was also in Vietnam and exposed to AO. Maybe that will clear this up for you.

of course as Berta mentioned you could ask for and increase. now that will be based on the condition of your heart now and not whether it is associated with AO or PTSD.

It is kind of like a body part can only be SC ONCE.

[Berta]

"Can I send my claim and records to the the Attorney that are in charge of Nehmer to see if they can get my C-file and fight this claim. Seem the Oakland VA will not release my file."

I would send an IRIS request for complete copy of your C file and send the IRIS as complaint and tell them that your request has not been honored since (and give date of the first request)

NVLSP lawyers only handle a limited number of CAVC cases and are not able to handle individual claims at the VARO or BVA level.

However you could email them at the Agent Orange email addy in our AO forum and tell them you dont know if this older claim was denied or is still open.

Tell them about this too:

"I have attached a copy of the request to release information form that was mailed in to the VA for compensation for heart disease in 2000. The VA never ask for any additional information after that was mailed in and the claim was never decided."

They might put you into the AO data base -I don't know.They would need proof that there was a 2000 claim for heart disease.

However I still think your best bet is to get a vet rep= there are probably reps from the big vet orgs either in or near your VARO building.

They could push for the C file copy as well as see what the story is on the 2000 claim.

Why didnt you question the fact that they never adddressed the heart claim during the appellate period?

[stillhere]

I received an IRIS respond that stated "No indication of pending claim being a Nehmer case,Veteran is already rated for heart condition.

I am rated at 10% for hypertention tied to PTSD and 10% for coronary artery disease tied to PTSD.

I filed a seperate claim in 2000 for service conection of CAD tied to Agent Orange, I believe this is a seperate case of Nehmer & IHD tied to agent orange.

Was filed again in 2006 2008

Can anyone guide me on what to do to move forward,

Thanks

RDT

RDT and Berta,

In your/his very first post he states above " I am rated 10% for hypertension and 10% for CAD coronary heart disease!

It does not matter if it is PTSD or AO you are rated SC! The VA did in fact address it in your claim.

Am I the ONLY one seeing this or missing something???

[Berta]

"I never received a rating in 2000 for CAD. That claim was never addressed and left open.

I only received the 10% compensation tied to my heart from PTSD in 2009 . No awards today that deal with IHD and Agent Orange."

I assume, if there was a formal 2000 claim filed that included request for SC for CAD that VA should have rated-then maybe it would fall under Nehmer in a staged rating from 2000 filing date up to 2009 SC for CAD.

This is a confusing situation.

Then again my claim is similiar-

no rating whatsoever for IHD over 6 year period yet med recs revealed IHD as well as FTCA BVA Central report and my IMOs.

My 1151 award for DIC was also based on misdiagnosed IHD and Ischemic CVA.No rating at all for the heart disease.

My 2010 award for direct SC was due to DMII from AO causing IHD CVA, and death.They refuse to rate the DMII but still no rating for IHD and the CVA rating is wrong.

I filed CUE claim on the 1151 rating decision in 2004 and they pulled the CUE from the BVA stack and sent it to Nehmer as well as my August 2010 IHD claim AO claim.

This could be a basis for a CUE claim like mine but still I am confused here as there was no decision on the 2000 claim to find a CUE in.?????

As I understand this,

"That claim was never addressed and left open." I dont understand how it could still be open.I assume the granted claim was a re-open.???

[RDT]

Hi Berta,

After my heart attack and 5 way bypass, my wife and myself were most concern with treatment and trying to get my health back. The claim was file,but never followed up on after they requested the release of information. My wife said she called the VA and was told there was no compensation for heart disease tied to AO. We sent a letter in written to the VA and ask why a decision had not been provided to us. We never received a responds., so we gave up and just focus on the medical help.

I have a box of my records and they are my medical records from being wounded in Vietnam until current.The only claim files I have are what they have sent me, not the whole C-file.

Seem if they requested the release of information form that there should be a claim in my C-file so where,if they did not mis place the claim. I have a C&P schedule for 01-07-2011 for my heart . My hospital records form December 2009, show IHD, CAD, Hypertension, PTSD, Hyperlipidemia,Unstable Angina, Peripheral Neuropathy, and injection fraction at 52%.

They should rase my 10% higher. Always a battle with the VA.

I am just trying to get IHD tied to AO in my file so that my wife can receive DIC when I die from IHD & Cad. This is my only concern, thinking that this was all tie to Nehmer and had to be awarded thru them.

Thanks

RDT

[Berta]

As I understand this you do have IHD SC rating at 10%- and have requested higher rating.

Regardless of the % or cause of any SC disability- if it is listed on a death certificate as causing or contributing to death, the death should then be service connected.

For example my husband's death cert reads cardiac ischemia with cerebral ischemia contributing.

He died 16 years ago.

I was awarded Direct SC death DIC a few months ago as a consequence of proving he also had DMII which caused the CVAS and heart disease.

had I lost that claim I would still have a valid direct death DIC claim under the new AO IHD regs.

I commend you for thinking of your wife. My husband was worried about me getting DIC the AM of his death.

I always advise an autopsy should be done on every vet.

Not only is an autopsy more detailed than a death certificate, but it could even reveal a SCable condition that contributed to death yet the veteran had never claimed but the surviving spouse could or the autopsy could support a pending claim the surviving spouse had been substituted as claimant for.

For example. My husband had never been diagnosed for or treated for DMII.

I was able to prove he had untreated and undiagnosed DMII and it caused IHD and CVA which caused his death.

One word in the microbiopsy of his heart slides in the autopsy also proved he had diabetic cardiomyopathy.

If that was the sole evidence I had (I had plenty more) then at least I had an independent medical examiner;s findings that definitely proved he had DMII and its consequences of IHD and CVA.

AO never appears on a death certificate - any SC condition regardless of the rating -if a contributing or main causal factor to death- calls for DIC award if it appears on the death certificate.

But some SCs dont cause or contribute to death.

[stillhere]

I stand by my post that he is already rated for heart disease as the VA stated in their Iris.

For you to get Nehmer for a higher rating for your IHD just might be the way to go. Especially if you had bypass and or heart surgery by the VA or let the VA know. These surgeries should have granted you a 100% rating for 3 months as mine did.

[jbasser]

This Vet was already rated for heart disease as a secondary condition to Diabetes.

He wants it changed from a secondary to a direct service connected presumptive.

He is also seeking to add the Nehmer rule to his claim in order to cabbage on the Nehmer retro.

J