Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Nehmer No Pending Claim

Rate this question


RDT

Question

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

Link to comment
Share on other sites

  • Answers 25
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

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.

Link to comment
Share on other sites

  • HadIt.com Elder

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

Link to comment
Share on other sites

Have a question;

Are these two seperate claim as one is mental in nature and the other is physical in nature?

1. Rated for coronary artery disease ,status post coronary artery by pass graft associated with PTSD

2. Seeking rating for IHD /Agent Orange

Have a C& P coming up and not sure how they are looking at the claim. My injection fraction is at 52% and was in the VA hospital a year early for my heart.

Thanks for all the answers and help

RDT

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.

Link to comment
Share on other sites

Did they say what the C&P is for? Before it seems you were rated heart disease secondary to PTSD. If this is a heart C&P then you could come out of it with not only a direct SC but also a higher rating.

Link to comment
Share on other sites

If your 200 CAD secondary to AO claim was before your CAD secondary to PTSD claim (which was granted) I'm sure you can still apply for an earlier effective date (EED) for the CAD based on the new findings

Link to comment
Share on other sites

Hi Berta,

I contacted the NVLSP about my denial and Agent Orange claim. They responded with the following.

I will be sending what records I have and we will see where it go.

They are a blessing to do all the work for Veterans at no cost.

I would have had to let the claim go if not for them,as I don't have the funds to hire an Attorney. Probley what the VA was counting on!!!!

Thanks for everone's help.

RDT

We are writing you to follow up about the claim for benefits you previously filed with the VA. Based on what you told us, we now believe the VA may have made a mistake in your case. In this letter, we first explain the Nehmer lawsuit and why we believe VA may have made a mistake in your case. We then explain the steps you can now take to allow us to help ensure that you receive all of the benefits to which you are entitled under the Nehmer lawsuit.

The Nehmer class action lawsuit

In the class action lawsuit known as Nehmer v. U.S. Department of Veterans Affairs, the court ordered the VA to identify and re-decide all disability or death benefit claims that were filed by a Vietnam veteran or a survivor of a Vietnam veteran for one of the three diseases that VA recently recognized as related to Agent Orange. These three diseases are: ischemic heart disease, Parkinson's disease, and B cell leukemias. This requirement applies only if VA received the claim (or the claim was pending at some point) between September 25, 1985 and August 30, 2010. If the VA's new decision grants the claim, the veteran or survivor may be entitled to a large amount of retroactive benefits.

We, the National Veterans Legal Services Program (NVLSP), brought the Nehmer lawsuit. The court in Nehmer has certified us as the legal representatives of all Vietnam veterans (and their survivors) who suffer or died from a disease that is connected to exposure to Agent Orange. We do not charge a fee to any of these veterans and survivors, and we will not charge you any money for helping you obtain the benefits to which you are entitled.

VA recently created a list of all Vietnam veterans and survivors whose cases VA believes it must re-decide under the court order in Nehmer. Because we represent the Vietnam veterans and survivors in Nehmer, the VA gave us a copy of this list.

You have told us that you filed a VA claim for benefits based on Heart Disease secondary to agent orange between September 25, 1985 and August 30, 2010. Therefore, your name should be on the VA's list of people whose claims it will now re-decide. But when we looked at the list, your name was not on it.

How We Can Help Make Sure that VA Gives You the Benefits You Deserve

We would like to investigate why your name was left off the VA's list of cases it must re-decide. In order to prove that your case should be on this list, we need to review all the documents in your VA claims file. (If we are able to prove this and the VA re-decides your case, these documents will also allow us to advise you whether the VA gave you the retroactive benefits you deserve under Nehmer).

The VA will not give us a copy of your VA records unless you authorize VA in writing to send us a copy. We have therefore enclosed an authorization form for you to sign and return to us. You should also send us copies of any documents that you have about your VA claim for Heart Disease secondary to agent orange. You may use the most convenient method to send the form and documents to us. The options are as follows: you may scan the documents and send them to us

After we submit your signed form, it may take several months for VA to send us a copy of your records. Once we get the records, we will let you know whether it will prove to the VA that it should re-decide your case under Nehmer.

If you have any questions about this message, please feel free to contact me at this email address or our toll-free telephone number (1-855-333-0677). Additionally, please let us know when you receive any communications from the VA about your claim for Heart Disease secondary to agent orange.

Sincerely,

Allison Monyei

Staff Attorney*

National Veterans Legal Services Program

agentorange@nvlsp.org

*Licensed in Maryland - representation in the District of Columbia limited to matters and proceedings before federal courts and agencies

CONFIDENTIALITY NOTICE - WARNING: Unauthorized interception of this electronic communication could be a violation of law. The documents accompanying this email transmission contain confidential information belonging to the sender, which may also be legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this message in error, please advise the sender by reply email, or notify us by telephone and delete this message.

________________________________

From: Ray Thomas [mailto:bfjink@sbcglobal.net]

Sent: Thu 7/8/2010 9:07 PM

To: Agentorange

Subject: Agent Orange

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.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use