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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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Robbi314

Rec'd Nehmer Letter On Friday

Question

I am sure the answer to this has already been posted somewhere on this forum, but I have been unable to find it. Any help would be greatly appreciated. My husband was granted 100% P&T for his disabilities(the majority is for PTSD)back in 2007. They went back to 2005 with his award. On Friday we received a letter from the VA in Auburn,WA,(we are in Florida)stating that he was identified as a potential Nehmer class member. He has been treated by the VA for severe hypertension, high cholesterol, triglycerides,etc.as well as skin and mouth cancer since back in the 80's. He was never granted disability for these conditions but was rated at 20, then later 40% for cervical and knee injuries.( He was Airborne) I also noticed, when going through some old records we originally applied for and were denied disability for PTSD along with his other heart related issues back in 2003. I'm not sure quite what to do about this, if anything at all, however they should have gone back to '03 on the PTSD I do believe. Any suggestion would be greatly appreciated. Thanks! :rolleyes:

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5 answers to this question

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"They went back to 2005 with his award"

After he got the 2007 decision, did he appeal it? If not only a CE claim would possibly recover the older EED. But CUE claims are difficult to succeed in and there is info here under the CUE forum on them.

"when going through some old records we originally applied for and were denied disability for PTSD along with his other heart related issues back in 2003."

It appears he was denied for Ischemic heart disease then and with his incountry Vietnam service, he is now a potential Nehmer veteran.

Ischemic heart disease and it's residuals are now presumptive AO conditions.Although the PTSD claim might not ever bring a better EED this claim could well do that.He could expect an entitlement date back to the

claim date of the 2003 denial for heart disease under the Nehmer Court Order if his heart disease is,in fact, IHD.

Did the VA ask him for more info on his heart disease?

I suggest you go to the NVLSP web site and contact them by email and answer the questions there they need to have answers for.

NVLSP is the pro bono law firm which won Nehmer Class Action and they are making sure that we Nehmer claimants get our proper retro.

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Thanks so much for the quick reply :) No, after the 2007 decision we did not appeal it. We fought for so long to get this rating,at that point I had no more fight left in me. All they are asking for in this letter is for Declaration of Status of Dependants and request for Approval of School attendance as well as his Dr to complete the Disability Benefits Questionnaire within 30 days which is in relation to B and Hairy cell leukemia. There is no form related to heart disease. Also asking for any further information or evidence asap. They also sent a response form as to wether we are are submitting additional evidence or not. I will check out the NVLSP website. :smile:

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NVLSP contact info is in this post link.

I assumed they put him under Nehmer for IHD but obviously it is due to the Hairy Cell B.Thanks for clarifying that.

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I am sure the answer to this has already been posted somewhere on this forum, but I have been unable to find it. Any help would be greatly appreciated. My husband was granted 100% P&T for his disabilities(the majority is for PTSD)back in 2007. They went back to 2005 with his award. On Friday we received a letter from the VA in Auburn,WA,(we are in Florida)stating that he was identified as a potential Nehmer class member. He has been treated by the VA for severe hypertension, high cholesterol, triglycerides,etc.as well as skin and mouth cancer since back in the 80's. He was never granted disability for these conditions but was rated at 20, then later 40% for cervical and knee injuries.( He was Airborne) I also noticed, when going through some old records we originally applied for and were denied disability for PTSD along with his other heart related issues back in 2003. I'm not sure quite what to do about this, if anything at all, however they should have gone back to '03 on the PTSD I do believe. Any suggestion would be greatly appreciated. Thanks! :rolleyes:

If he has a heart condition or Athersclerosis or IHD, then this is a new presumptive that is now recognized by the VA.

There are ratings above 100 percent, There are SMC's available for a vet who is total, including IU and P and T and have a separate and distinct 60 percent rating. DIg out his last Echo or heart cath and look up the Ejection Fraction of his heart and compare it to the schedule for rating disabitilities. Title 38part 4, cardiovascular.

Jbasser.

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