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RonP

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This is the letter I sent to the Famous Nemeyr Attorney

Ms ,Thank you for following this case.I am planning on filing a NOD Reason:There is no mention of me being 100% disabled in California and receiving social security disability.I assure you, I cannot hold down a job of any kind.

If they took into consideration the whole picture,They would see this just by looking at my psychiatric file. I have been advised by my Current VA Psychiatrist

to request an increase, and he would support my claim, in addition, they are sending me to an outsidePsychiatrist that is a specialist in PTSD and she is an MD

trained in the US. My VA psychiatrist said to me and I quote, her notes and mine will get you an increase on a fast track

I have a private attorney,

She is ready on my behalf to jump in. I only have to release my current VSO. In other words fire him.

she has changed my diagnosis from 50% ptsd to (Outside Psychiatrist )

to:

PTSD Moderate to Severe

Major Depressive Disorder

Dissociative Amnesia

These notes are available online in addition does this not fit the nemeyr ruling under special circumstances, I am 62, receiving 100% SSI and now they award me 100%I never received any

money from the VA except the 50% rate for PTSD .Never a dime for any of my heart complaints, or issues, even with a letter from the Head Cardiologist that

PTSD was the reason for my heart disease, his wording, MORE Likely than Not according to a government study. Dr. Censored ...the letter is is the complete file.

I will fight this till I am dead, I swear it. This is a low ball offer to shut me up. That is all it is.My anger is not at you mam, or your firm, It is at the rater that made this asinine decision. My sincere thanks for your review I know time is money, and I am hoping I am not wasting your time.

For all of you that have read my ramblings, I say to you, beware of wolves bearing gifts.I received my brown letter today, and after reading it 3 times very slowly, and taking notes

I am planning on filing a NOD, firing my VSO, and hiring a private Pit Bull Attorney.

Did I receive money you ask yes, am I satisfied with the amount NO. Because what I and you

have been through can't possibly make it through the hoop. I have been rated 100% for AO IHD,

It is what they left out that limits my reach. I cannot hit the hoop, impossible.

Some I have talked to privately about this have said that I should take the money, and suht up, my VSO for one.

What is your opinion, as 50 heads are better than one.

ThatDoughBoy

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  • HadIt.com Elder

Ron, that post makes entirely no sense at all. It looks like a rambling rant.

Can you clarify.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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RonP,

What is it you are upset with? The 100% rating or the retro money? Or that you did not get SMC-s??

I am with J on this, you are not being very clear in your post.

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Ron, the PTSD issue has nothing to do with the Nehmer issue.

I assume that your PTSD claim is still pending ? or you are going to file one? but the AO IHD claim and the retro involved with that is all that NVLSP can address as far as Nehmer goes.

I had a PTSD to heart disease claim in 1995 that was denied and this is the denial that put me under Nehmer.

That claim is a moot issue now because the IHD regs cover it.

I also have a CUE under Nehmer but that too might be moot by now because the proper IHD decision will be for the same thing anyhow.

So my point is

the Nehmer raters can only address the Nehmer claims and I guess anything else pending will have to go back to the RO that holds jurisdiction.

Edited by Berta

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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  • HadIt.com Elder

As I see it, multiple issues come into play.

IHD is presumptive (if you meet the A.O. related requirements) You evidently did.

PTSD requirements have also been liberalized, and you are currently rated at 50%, but need to apply for an increased rating for PTSD, based upon treatment records, etc.

Depending upon various considerations, timing etc. asking for reconsideration with "new" evidence, or filing an NOD may be appropriate.

You are currently rated at 100% for IHD, and 50% for PTSD. (Standard VA tactic to avoid SMC payments)

Your letter from the cardiologist actually connected the two, but this will not result in a compensation increase, unless you have 60% beyond the 100% rating.

SSA and the VA do things differently. Even so, the SSA determination of total disability is evidence of unemployable status, regardless of the causes. It could be used if you were asking for a VA pension.

Since you are receiving 100% VA schedular compensation, the VA pension is moot. You are also receiving either SSDI, or if over retirement age, your SSA benefits.

It seems that you, along with hundreds of thousands of other veterans, consider the 100% VA compensation amount inadequate. I happen to agree.

Unfortunately, Congress does not, or they would have increased the compensation, changed the regs/laws, etc. Fat chance of that happening anytime soon.

Currently, the 100% compensation rate is more or less at least $10,000 below what it should be, using the governments own statistics.

(Using average income data, etc.)

A concern you should at least think about is the VA fiduciary program. A high PTSD rating may be considered as evidence against you. Your psychiatrist(s)

need to state in writing that you are competent to manage your own financial affairs to help avoid the fiduciary hassle.

Given the increase involved, and presumably a small amount of retro, it's not too likely that a lawyer wants to take the case on.

This is the letter I sent to the Famous Nemeyr Attorney

Ms ,Thank you for following this case.I am planning on filing a NOD Reason:There is no mention of me being 100% disabled in California and receiving social security disability.I assure you, I cannot hold down a job of any kind.

If they took into consideration the whole picture,They would see this just by looking at my psychiatric file. I have been advised by my Current VA Psrist ychiat

to request an increase, and he would support my claim, in addition, they are sending me to an outsidePsychiatrist that is a specialist in PTSD and she is an MD

trained in the US. My VA psychiatrist said to me and I quote, her notes and mine will get you an increase on a fast track

I have a private attorney,

She is ready on my behalf to jump in. I only have to release my current VSO. In other words fire him.

she has changed my diagnosis from 50% ptsd to (Outside Psychiatrist )

to:

PTSD Moderate to Severe

Major Depressive Disorder

Dissociative Amnesia

These notes are available online in addition does this not fit the nemeyr ruling under special circumstances, I am 62, receiving 100% SSI and now they award me 100%I never received any

money from the VA except the 50% rate for PTSD .Never a dime for any of my heart complaints, or issues, even with a letter from the Head Cardiologist that

PTSD was the reason for my heart disease, his wording, MORE Likely than Not according to a government study. Dr. Censored ...the letter is is the complete file.

I will fight this till I am dead, I swear it. This is a low ball offer to shut me up. That is all it is.My anger is not at you mam, or your firm, It is at the rater that made this asinine decision. My sincere thanks for your review I know time is money, and I am hoping I am not wasting your time.

For all of you that have read my ramblings, I say to you, beware of wolves bearing gifts.I received my brown letter today, and after reading it 3 times very slowly, and taking notes

I am planning on filing a NOD, firing my VSO, and hiring a private Pit Bull Attorney.

Did I receive money you ask yes, am I satisfied with the amount NO. Because what I and you

have been through can't possibly make it through the hoop. I have been rated 100% for AO IHD,

It is what they left out that limits my reach. I cannot hit the hoop, impossible.

Some I have talked to privately about this have said that I should take the money, and suht up, my VSO for one.

What is your opinion, as 50 heads are better than one.

ThatDoughBoy

Edited by Chuck75
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Once again, Thanks to all of you, your thoughts of procedure and clarification are all welcome.

My point,

I have no problem with the money, it is adequate, not fair, but tolerable. It seems to me that my irritation is based on filing the CUE, and that was after filing for government unemployability.

I did not know the government pension is now moot. So , it is so. I take so many drugs for my heart and for PTSD, over 20 per day, It does influence my small brain. I think needing confinement and a constant

shadow as a bodyguard, attendant, nurse all rolled into one is invasive but required at this point. I get the house bound rate of pay. I need to humble myself, and accept. Machismo is a hard thing to loose.

Perhaps that is my ultimate anger, not being able to be a man any more, to depend on others because I fall down allot. Having anxiety seizures are the most difficult to go through, for me......

Perhaps I should have put the award letter away for a week, as my VSO says, but they only give you 30 days to bring it to the Nemeyr Court if you disagree.

As usual, my drugs create issues that are hard to control. PTSD has many forms, my primary is sleep and anger, calmer waters should prevail.

Thank you all for the concern and well respected advise. I will listen to the Elders as they have tested more than me , in time, in pain and suffering. Again I thank ALL of you for the advice.

Respectfully,

That Dough Boy

Ron, that post makes entirely no sense at all. It looks like a rambling rant.

Can you clarify.

J

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Thank You...you clarified allot to me, and I am calmer now.

I am one of many, here and around the world that must face these challenges.

As Spock would say

"Live Long & Prosper"

I need to achieve the goal of playing the game, not winning it.

Thank You again Chuck,

As I see it, multiple issues come into play.

IHD is presumptive (if you meet the A.O. related requirements) You evidently did.

PTSD requirements have also been liberalized, and you are currently rated at 50%, but need to apply for an increased rating for PTSD, based upon treatment records, etc.

Depending upon various considerations, timing etc. asking for reconsideration with "new" evidence, or filing an NOD may be appropriate.

You are currently rated at 100% for IHD, and 50% for PTSD. (Standard VA tactic to avoid SMC payments)

Your letter from the cardiologist actually connected the two, but this will not result in a compensation increase, unless you have 60% beyond the 100% rating.

SSA and the VA do things differently. Even so, the SSA determination of total disability is evidence of unemployable status, regardless of the causes. It could be used if you were asking for a VA pension.

Since you are receiving 100% VA schedular compensation, the VA pension is moot. You are also receiving either SSDI, or if over retirement age, your SSA benefits.

It seems that you, along with hundreds of thousands of other veterans, consider the 100% VA compensation amount inadequate. I happen to agree.

Unfortunately, Congress does not, or they would have increased the compensation, changed the regs/laws, etc. Fat chance of that happening anytime soon.

Currently, the 100% compensation rate is more or less at least $10,000 below what it should be, using the governments own statistics.

(Using average income data, etc.)

A concern you should at least think about is the VA fiduciary program. A high PTSD rating may be considered as evidence against you. Your psychiatrist(s)

need to state in writing that you are competent to manage your own financial affairs to help avoid the fiduciary hassle.

Given the increase involved, and presumably a small amount of retro, it's not too likely that a lawyer wants to take the case on.

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