Got Letter From Nehmer

[Berta]

It says I can send more evidence ( I am using their enclosed 21-4138 form to re -iterate all the evidence I already have sent-just in case they missed some of it and my A & A accrued claim)

Also this might help any Nehmer survivors here-

They are asking me who the surviving spouse is (which is me), names, addresses and phone numbers of any children,or surviving parents of the veteran, and letters of testimony (Estate or administration) with a raised seal from the appointing court.

They are saying they can resolve my claim as soon as they get this info -even prior to the 30 period they give for response if I send this all by fax- and they say Fax number is on letter but it isnt.

This brings up something for widows of vets coming under Nehmer to consider-

You have to dig out the Letters of Administration or Estate with the raised seal from your county's probate office if there is Nehmer accrued money due to you.

I gave my last raised seal L of A copy to the local VA FOIA officer as she insisted on having this before she would give me a clear copy of one of my husband's medical records.

It was a ridiculous request because she had already sent me the med recs years before that and I only need one clear copy of a critical record that every copy VA had sent to me cut off the Chem value info.

One copy of one record.The records had been retired but what a rigamorale it was to get this sole med rec.

It took me about 6-7 months to get that record.She remembered my husband well from when he worked at this VAMC and also remembered well my FTCA matter.The highest level of VA in DC knew I was the administrator of the estate and it was to me a stall so I could not obtain this critical record for what is now my AO IHD claim.

I called the new FOIA officer at Bath VA and she will call me back. The older FOIA said they would keep this copy if I ever needed it again and these documents have a fee at the probate court so I hope the VA still has it.

The probate court isn't far from the VA -that isnt the problem.I can easiy get another L of A with the county seal.

But I just had a flashback as to how this VA treated me from time to time after they caused my husband's death.

So Nehmer AO widows/widowers need to send them this info ASAP as to any potential survivors as well as a raised seal copy of the Letters of Administartion /Estate.

Edited March 21, 2011 by Berta

[Berta]

I was wrong-the records were all at the Buffalo RO when I requested a copy of one of them and they were out of retirement.This crap took months to obtain one sole med rec that had been cut off in the original stack I got.

This entire episode shows how arbitrary and capricious the VA can be.

I actually got a letter from the FOIA woman who said the "record didnt exist".

My PC shows I filed an appeal immediately with the General COunsel on this.

Then I got a written apology from the FOIA woman and a copy of the record I needed.

This is how the VA treats some of us widows.

They better have those L of A documents or I will raise hell with them.I found on my PC documentation to prove I had to give them to the Bath VA Foia officer.

So if you are a potential Nehmer widow/widower make sure you have these estate/administration documents that VA will need.

[Susan]

Thank you for the heads up Berta. I am sure that I will need the Estate Paper for my claim also if it ever comes to be. I continue to study here at hadit while NVLSP reviews my deceased husband's file. For my update, in February I received a letter from VA letting me know that they received my "claim". There was no new claim. I tried the Iris and received the information within two business days. Turns out it was the FOIA for the C-file request for NVLSP. Will keep you updated on any news.

Susan

[Berta]

Got my FOIA L Of A problem almost resolved and will manage to get response to VA in time for their possible decision before 30 days are up.

I filed in August so I guess they have enough to make a decision As soon as they get the info they requested.I sent them significant evidence for a proper IHD rating.

I cant wait to see how they handle my CUE issues.Then again the newer Aug 2010 claim might well have rendered the CUE as moot.

[Deceasedvethusband]

Berta:

What is this & where do we get it from? I had no reason to probate anything when husband died, V.A. has copy of death certificiate, D.I.C. has all my info as the widow.....

According to the letter from Philly V.A. last Aug., the claim is a Nehmer.

"You have to dig out the Letters of Administration or Estate with the raised seal from your county's probate office if there is Nehmer accrued money due to you."

"So if you are a potential Nehmer widow/widower make sure you have these estate/administration documents that VA will need."

Thanks Berta -

-

[Berta]

"I had no reason to probate anything when husband died"

That is unusual but possible I guess.

These probate documents are done for gross estate tax purposes.

My probate letters includes all assets owned jointly with my husband at his death - bank accounts, all real estate ,stocks, bonds, trusts,and annuities

There was separate section for his Life Insurance Proceeds and then separate section for any legal actions pending (I had wrongful death claim pending against VA and had to list that).

Also I had to list my class action status in the Agent Orange Settlement Fund as I anticipated check from them. Forget how much it was.

Also there was a matter regarding his ADA EEOC case that he had won and a monetary offer the employer had made to settle with him.

It regards all the financial stuff. I was administrator of his estate.My lawyer said instead of him doing this and charging me- he felt I could handle it myself as he was aware of my legal background.It was a little involved bt not difficult to do.

When my other veteran husband died I had to open an actual Estate Account because I received money (forget from where) that was payable to his Estate.Checks like that cannot be deposited into a regular checking account.

That happened in a different state and each state has laws that regulate these probate matters.

If you didn't own any joint bank account or property with your husband - I guess there was no need for probate.

Nehmer is a class action lawsuit just like the original AO Settlement fund my husband was in and this is why they asked me for the Probate stuff.

It is also sometimes called the Surrogate's court.If your husband died some time ago (and I know how overwhelmng things can get with all the paperwork of death as well as the heavy grief that overwhelms doing the paperwork- )

is it possible you did file probate papers and forgot about them?

Your county will have a Surrogate or probate Court that can answer if you did file them.

If you had no jpoint assets however,I guess they arent required.

Edited March 31, 2011 by Berta