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]

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

[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.