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ljocampo

Nehmer Claim Pending

Question

This thread is very much like my case.

Sorry if you find this post somewhere else. After I submitted the post as a reply, it didn't show up anywhere I could find, so re posted it as a new topic.

Hello all,

I was diagnosed in 1988 IHD CAD and became permanently disabled certified by Social Security in 1993. Lost my private medical coverage and need a program to cover the expensive cardiac drugs I need to stay alive. I had told my private cardiologist that I would seek treatment, management, and prescription for my IHD at the VAMC in Syracuse NY because they gave prior treatment to Vietnam Vets under their AO policies.

The VA agreed to treatment me in 1994 (there must be admission to care records somewhere), but they told me they wouldn't compensate me so don't bother to file for it, but they would take over treatment and they have been treating me ever since. In 2005 I finally did have a disability (DMII) the VA presumed and I filed a claim. The claim requested SC for IHD, DMII, PN, and multiple lipomas.

The C&P decision denied SC for IHD and the lipomas but gave me 10% for DMII, 20% PN for both lower legs. They also checked all the old records to see if the IHD could be secondary to DMII but concluded because it predated the DMII and the was no indicate of IHD in active duty, the IHD was not SC.

In 2009 after the VA announced they were going to add IHD to presumption, I filed to reopen the 2005 claim for IHD and to increase the the DMII rating. C&P sent me a letter acknowledging Nehmer and the denied claim. I've had an IHD exam that states I can't work work a < than 5 METs. I also have other cardiac problem that should put me at 100% and they should increase the DMII.

This is where the claim stands. I've nothing more from C&P. Want do you think?

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. "In 2005 I finally did have a disability (DMII) the VA presumed and I filed a claim. The claim requested SC for IHD, DMII, PN, and multiple lipomas."

The date of tat claim where they denied the IHD but probably rated it as NSC should be the date of your Retroactive comp under the Nehmer Court Order/

. "They also checked all the old records to see if the IHD could be secondary to DMII but concluded because it predated the DMII and the was no indicate of IHD in active duty, the IHD was not SC."

I sure bet that is the case for other DMII vets and the CRA review that projected potential costs of the 3 new presumptives did not take that fact into consideration=-

many DMII vets had heart disease that predated their DMII diagnosis and if they have IHD, it is now AO compensable and retro can be generated under Nehmer if the IHD issue was raised in a past claim that was denied.

I am glad you re posted this because maybe others reading it can relate to it.

Have you contacted NVLSP via their web site to reach their AO person?

They (NVLSP) are comparing the list they have from vets and widows emails to the lists that the ROs gave them to make sure we all get proper retro under Nehmer.

Edited by Berta

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To add, some lipomas , if they are soft tissue sarcomas, can be SCed to AO.

http://www4.va.gov/vetapp97/files2/9718839.txt

This award for mu;tiple lipomas due to herbicides contains the list of STS AO sarcomas.

I dont think VA really reads this list well.

If your lipomas are of a soft tissue sarcoma type and their are medical terms in your med recs that are same as the STS list,then VA should have SCed them.

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Considering what we have learned from Nehmer all Vietnam vets should probably send in a claim for any type of cancer they come down with because it could be SC'ed a few years from now and the vet would have missed years of retro by not claiming the cancer. It is probably the same for any serious condition where there is any speculation that the condition might be caused by AO.

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. "In 2005 I finally did have a disability (DMII) the VA presumed and I filed a claim. The claim requested SC for IHD, DMII, PN, and multiple lipomas."

The date of tat claim where they denied the IHD but probably rated it as NSC should be the date of your Retroactive comp under the Nehmer Court Order/

. "They also checked all the old records to see if the IHD could be secondary to DMII but concluded because it predated the DMII and the was no indicate of IHD in active duty, the IHD was not SC."

I sure bet that is the case for other DMII vets and the CRA review that projected potential costs of the 3 new presumptives did not take that fact into consideration=-

many DMII vets had heart disease that predated their DMII diagnosis and if they have IHD, it is now AO compensable and retro can be generated under Nehmer if the IHD issue was raised in a past claim that was denied.

I am glad you re posted this because maybe others reading it can relate to it.

Have you contacted NVLSP via their web site to reach their AO person?

They (NVLSP) are comparing the list they have from vets and widows emails to the lists that the ROs gave them to make sure we all get proper retro under Nehmer.

Hi Bertha

I did send NVLSP a very brief (without details but with the claim#) email. I did att: to AO though. What did you mean with the "CRA Review?" Personally, I think the post about footnote 1 could be a basis for an appeal for an EED under Nehmer as an informal claim. I'm going to start organizing my appeal now for earlier date than 2005 effective date. I don't expect it will fly but I want it on record in case another Nehmer v. takes place in the future.

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