Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ihd

Rate this question


HairyVNV

Question

In January 2011 I was told by the VA that my claim for IHD/Agent Orange was in the hands of the rater. They also said it normally takes 27 days for this phase. In late March 2011 I was told by the VA that my claim is with the rater. This claim is a nehmer claim and was started in October of 2009 with the original claim filed in 2003. I understand having to wait until October of 2010 for Webb and his cohorts to make there decision( sort of) bu at the same time they said they were looking at ways to expedite claims. It has now been an awful long time in process and seems to be stuck at the raters. Does anyone know about how much longer this might take and if there is anything the vet can do to get them moving. I am still kicking but at the rate they are going who knows.

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • HadIt.com Elder

Welcome to Hadit. Unfortunately I know of no one who can say exactly when a VARO will make a rating decision but I can encourage you by saying that they have been making quite a few of them lately.

I hope that others here can encourage you.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

It's hard to stay positive and keep your spirits and hopes up when playing the VA waiting game, but here's hoping you can. I think the Nehmer cases are more complicated; thus, taking longer. It took over a year for my Vet's claim to be awarded (60% for IHD/AO) and his wasn't a Nehmer case and was very straight forward. I'm certain you will eventually prevail in your claim and REMEMBER, everyday you are waiting you will be paid retroactive to the day you put in your initial claim! Best of luck to you.

Lorraine

Link to comment
Share on other sites

Hairy VNV said

"This claim is a nehmer claim "

Has the VA or NVLSP specifically indicated to you that this is a Nehmer claim?

If so have you given NVLSP the info they have requested?

I will find the contact info ere and bump it up.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

This link has the NVLSP email contact addy and the questions they need answered.

NVLSP is the pro bono law firm who won the Nehmer Class Action case.

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-VABeginsReview.htm

Recently I received a Nehmer letter with IMPORTANT REPLY REQUESTED on it (it appears to be a VCAA type letter) and it asked me for probate documents ( I filed as widow of AO IHD veteran)

It also asked me if I had any additional info and if not upon receipt of the signed response form,they could make a decision.

I responded with the evidence list of what they should have (just the list-in case something is missing already)and other info they requested.

I also sent them pages one and two of my Email to NVLSP regarding the past denied decision I had in 1998 that puts me under the Nehmer Court Order.

I was glad to get this letter as since I filed in August 2010,I had heard nothing from VA by mail and IRIS indicated the original Aug claim was sent to wrong VARO and then was lost.At the sametime the Buffalo VARO poulled my pending CUE claim and put that under Nemer and sent that to Phila RO

-where this letter came from.

All the letter says is that this is a potential Nehmer claim.That is all NVLSP has indicated to me as well.

But the important part is thatr the claim as been acknowledged under Nehmer.

Have you received anything from VA that indicates that?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • ArmyTom earned a badge
      Week One Done
    • kidva earned a badge
      Reacting Well
    • kidva went up a rank
      Apprentice
    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use