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Backpay Or Not?

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I got a letter about a month ago.

I am a Nehmer case. I applied for Service Connected disability for IHD in July of 2000. I was denied.

I had my first heart attack in 1985 and a myriad of heart episodes. My ejection fraction at my last Echo was 44% and no MET level was given. I've had 6 heart Myocardio Infarctions and 2 bypass surgeries, the latest in 2003.

I know I will get a rating, but I don't know how long I'll be waiting. (Ebenefits says I'm in decision now.) Anyone know how long it has been taking?

I got a disability rating in 2002 for 80%, (PTSD and Diabetes), with 20% Individual Unemployability. I have been getting paid at the 100% level since 2002.

If my rating comes back at 60% or even 100%, will I get backpay, even if I have already been getting 100% pay?

Also, what about SMC? What are the circumstances that tell why and when they give SMC?

Some of the professionals say I will, some say I won't, some don't know. Help!?!

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  • HadIt.com Elder

Welcome to Hadit. I think that you should get good news quickly

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

if you filed in July 2000 then yes you should get the 2 years that they denied from July 2000 thru the SC date in 2002 wether you get SMC S for the entire period that is hard to say your CAD or IHD will most likely be rated at 60% from July 2000 to your SC date for PTSD your ejection fraction has to be less than 30% to get 100% for heart problems that is how I got my SSD approved EF of 25% and 2 failed bypasses

the VA only rated me at 60% when they were ordered by the BVA to grant SC for CAD they claim I had an echo in May 2008 that has a 40% ejection rate since an echo is an estimate and the cardiac cath that showed the 25% in Oct 2002 I know which one I trust.......

as far as SMC S good luck there is no guarantee of that

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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Thank you all for your replies. I have seen some, among the pages here and other forums, that got a decision quickly, and others that have been waiting. I hope it does come quickly, of course. One of the governments VA sites says that the Nehmer claim should be done in 27 to 35 days! I don't believe that for a minute.

It sounds like I'll have to wait and see what they do about the SMC. I tried to figure out the "S" and the "K" and which one is given for what, but it is all beyond me.

As far as the rating itself, everyone agrees that the EF of 44% will bring me 60%. But I had one tell me that since the Echocardiogram is old, (2007), they will probably want me to get another one. The VA has been providing my health care sine 1991. I have had numerous heart episodes since 1985, so they have all the records and in my C&P, they say that CAD DID exist BEFORE I was denied for SC in July of 2000.

Anyway, it looks good for something. If no money, then my records will reflect the truth, but the money is always a good thing to get inn the mail.

Thank you again.

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My claim is similiar -to a degree but something makes it very unique.

(widow of 100% SC vet with IHD that is independently ratable for 6 year period.)

The TDIU or 100% SC you have now plus a 60% potential rating for IHD obviously puts you into the SMC "S" category for retroactive compensation.....

However- 'I had my first heart attack in 1985 and a myriad of heart episodes' that changes things-

What was the VA rating they gave you in 2000 under a NSC rating?

I would think all of this has to be taken into account for the proper retro they owe you:

I've had 6 heart Myocardio Infarctions and 2 bypass surgeries, the latest in 2003.

You present a Very good question - it might help to access the Cardio Schedule of Ratings- to get a take on what types of ratings they will give you that would account for the myraid of cardiac problems you had since their denial.

I already told VA to keep the "S" award.

It would be an easy and obvious award for them. However I asked for staged ratings that properly reflect and warrant a higher SMC level.

This is a good discussion here because there is nothing at BVA yet and wont be there for quite some time to indicate any ID vet has not been satisfied with their rating under Nehmer.

I have not seen a single case yet where a vet has questioned a recent award for IHD.

Since VA can be sanctioned if they fail to handle these claims properly and since NVLSP is watching all Nehmer claimant's backs- maybe the awards are coming out as proper and they will surely take into account your retro disabilty picture as well as

my husband's 6 years of fatal IHD.

I will have a better take on how they rate IHD for retro when they decide my own claim.(I think- then again I present something they have never seen before)

and I expect problems in the rating they give.

They have to make a staged rating over a 6 year period for a condition they have admitted to malpracting on.

That is all established but the problem will be rating a malpracticed condition for a 6 year period which was obviously at 60% level 2 years prior to my husband's death by ECHO report at that time.

I hope others will chime in here as your question might be very pertinent to many AO vets out there denied in the past for IHD and their IHD should be rated higher over the years, then it was rated as NSC in the past denial.

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.

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