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?

[Berta]

John - this is always bothering me and maybe I am just wrong on the way I am looking at it:

Say a vet in 2004 should have been 60% IHD NSC (and now comes under the new AOs).

A single vet at 60% SC would have received $974 per month in comp.

Say the vet in 2006 gets TDIU or 100% based solely on non IHD SC disabilities-

Their comp per month in 2009 was $2,673.

If the VA awards them 60 % SC for the IHD-they should get the 974 per month in retro from date of 2004 claim that was denied but up to the TDIU or 100% date.

Then the VA could award them SMC now due to the TDIU or 100% (independent of the IHD) and give them the S award.

But the S award would only boost their comp by $320 bucks.

This seems in essence that the VA saves comp via their "S" award.

This has been established VA case law for decades and has never been challenged but SMC S is dependent on separate additional SCs so where is the real comp amount for them????

Maybe I am looking at this all wrong.

I think the S award amount is crap if a vet gets it for a 60% disability in addition to a 100% or TDIU separate disability.

[john999]

Berta

I think you are looking at it the right way. The VA is looking at it the way to save money. I have TDIU plus 60% now. If I got 100% schedular for the same combination of ratings I might lose "S".

[Philip Rogers]

Berta - you've got it right but if the claimant was being paid a NSC pension, for IHD, from 2004, the VA would recover the NSC pension paid and pay the SC $974 and then, in 2006, award the "s" award.

pr

[Berta]

YES- Thanks-you are CORRECT!!!!

I wonder how many NSC pension vets are now SC vets due to the new regs!!!!