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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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sgtmaj

Ihd Originally Claimed As Secondary Condition--Is It Retro?

Question

Perhaps someone here can answer my question. I claimed IHD in 1999 as secondary to preexicitation syndrome ( heart condition). The IHD was denied as not being related to the syndrome but it was agreed that I had IHD (coronary artery disease) not service connected. The syndrome itself was rated at 0% but service connected. Now with the AO presumptives I have filed a claim for IHD in June 2010. Question is: Will they consider my previous claim for IHD for retroactive purposes even though it was filed as a secondary condition? My case is being handled as a Nehmer claim but my concern is that the IHD was originally claimed as being secondary not primary in and of itself. Thanks.

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Seems you are now a Nehmer member and I would file the claim yesterday if not sooner.

Retro is awaiting you.

J

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Appreciate your response. I have filed a claim in June and it is a Nehmer case at present. I have been under the impression that because I originally filed IHD (which was denied) as secondary to another condition my new claim will not be retroactive because I didn't file IHD as primary to begin with. If you are 100% certain that it will be considered retro I appreciate your expertise and input?

Seems you are now a Nehmer member and I would file the claim yesterday if not sooner.

Retro is awaiting you.

J

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sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service.

In the Nehmer Training Guide it states:

    • In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member’s compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.

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Thanks much for your response and info.

sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service.

In the Nehmer Training Guide it states:

    • In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member's compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.

Your claim should go back to your 1999 date.

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You said the syndrome was rated at "o"- but what was the IHD rated as?

Have you have recent C & P exam or ever had the METS test or a heart ECHO?

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