Nvlsp Letter

[john999]

I got an email from NVLSP today saying they want me to sign a release to have their lawyers get access to my c-file regarding the IHD claim. They said that my name should have been on the list of vets who were to have their claims for heart disease redecided but that my name was not on the list. I got 60% for CAD secondary to DMII back in 2008. My problem is that I am being represented by another lawyer at the court of vet appeals on a CUE. If I sign the release for NVLSP is this going to cause a delay in my CUE claim or some conflict between me and my private attorney?

[Chuck75]

You certainly can give them a release. But they should understand that you have a private lawyer representing you.

If I remember correctly, the NVLSP is the designated consul for the Nehmer suit. They are vitally interested in collecting violations of the court orders.

In my opinion, the recent "fast track' and other VA actions actually violate the court orders by giving non Nehmer cases precedence.

The longer your case drags on, the greater the rewards are for your lawyer, since the lawyer gets ~20% of retro payment.

[Philip Rogers]

I don't see any problem, John, just be sure the NVLSP knows that you have an atty and who he is.

pr

[Berta]

Nehmer only comes into play regarding past denied IHD claims or any new AO presumptive that was denied by VA in the past.

"I got 60% for CAD secondary to DMII back in 2008." John had that CAD claim ever been denied? Or given an NSC rating prior to the EED they gave you then?

I am preparing an article for VAWatchdogToday on Nehmer and have been pouring over the extensive Nehmer Training letter. It contains this statement:

“NEHMER DATABASES

The Phase I Nehmer Adjudication (EP 681) and the Phase II Nehmer Reajudication (EP 687) Databases facilitate the claims folder review by providing the user with questions that are necessary to process a Nehmer claim. The information gathered not only enables the claims folder review process, but also provides a data collection mechanism that is used for reporting data to VBA, the Secretary of Veterans Affairs, the Office of General Counsel (OGC), the Department of Justice, and, if necessary, the Court.

It is imperative that the databases are utilized and all information is saved in the appropriate during the claims folder review. In previous Nehmer readjudications, inaccurate reporting and failure to adequately track and document work resulted in the Court issuing “Show Cause” orders regarding why VA and VBA supervisors should not be held in contempt.

Upon completion of the adjudication/readjudication of the file in the database, the reviewer will be responsible for incorporating a printout of the completed worksheet into the claims folder. “

Nehmer Training Guide NVLSP Page 22 0f 165

NVLSP is not taking any chances of a repeat of the inaccurate and downright incompetent way many past AO claims have been handled by the VAROs.

They not only need to hear from any vet or widow with a new AO claim pending that was denied in the past-they also need follow up email on the outcome of the claim.

They might need to know of the CUE too John as my pending CUE was put under Nehmer.

[evandc]

NVLSP is on the ball with these cases. I sent them an update on my claim & got reply same day. Now I'm FAXing copy of award for them to verify I r'cd correct retro date & pay. Would have been nice to had this type of help with my past VA cases. Good luck with your claim, think NVLSP will be great help with you claim.

Don

[john999]

I got a 0% rating before I appealed and then I got 60%. Due to the 60% I got SMC "S" so in that sense there is some money involved. I have to see what my effective date was for the 60% to see if the VA cheated me. Is it in any way better to have a stand alone IHD AO claim rather than a secondary claim?

[Berta]

John - if they said "0" and then 60% did they make a staged rating as it didn't get to 60 % overnight?

"Is it in any way better to have a stand alone IHD AO claim rather than a secondary claim?"

That is a good question and I have thought about that many times- However the results in comp would be the same-

BUT there are many vets to whom VA said- your heart disease preceded your DMII and they would not rate CAD and IHD as SC for those vets in the past and I hope those vets have since filed under the new regs.