Bummed Out

[pkelly4576]

Really bummed out..

Just came home from vacation only to find a letter from the DAV office in Washington, stating that the Appeals Management center has made a decision on my husbands claim. This is the non-official notice... THE AMC HAD MADE A DECISION CONCERNING YOUR BENEFITS; A COMBINED EVALUATION OF 70% HAS BEEN ASSIGNED AS A RESULT OF THE FOLLOWING ACTIONS..SERVICE CONNECTION FOR cad IS GRANTED AT 0% EFFECTIVE February 16, 2007.

I have been receiving 70% IU since 2008. I filed my original claim for CAD due to Agent Orange when I had my heart attack back in 1994 and 1995, both times denied. The letter from the DAV also states that I will receive a letter from the AMC with 2-4 months. What should my next steps be? Please advise us ...

[Berta]

The decision does not make any sense at all. It is absurd.

"I filed my original claim for CAD due to Agent Orange when I had my heart attack back in 1994 and 1995, both times denied"

I assume you have proven exposure to Agent Orange and have been told you are a Nehmer claimant?

Susan is right -Contact NVLSP ASAP as the VA might have made a CUE (clear and unmistakable error)in that decision.

(Or a typo ) ???

agentorange@nvlsp.org

(This is why one of the Nehmer lawyers I am in touch with (from NVLSP) was glad to hear I was often posting their AO email addy here for any vet who was denied in the past with what is now a AO disability since the new regs came out.They want to make sure these new AOs claims are done right!)

The VAROs were supposed to give NVLSP a list of all new potential Nehmer claimants.

My name wasn't on the RO list and I am sure they missed many of us Nehmer widows and Nehmer vets on their lists and as long as we filed again on our own, the claims must be adjudicated.

I am also concerned here to learn this is a Nehmer claim and yet it is at the AMC and not with a Nehmer co-ordinating VARO instead.

[Berta]

Another thought-

"This is the non-official notice."

Maybe some dope at the DAV prepared this non official letter all wrong.

Before you contact NVLSP I suggest to contact the DAV ( using fax or email instead of phone) and ask them for a more definitive confirmation of the AMC decision in documentation that you can send to NVLSP right away.

If they cant comply with that then I suggest attaching a copy of the DAV letter to the email you send to the NVLSP.

Make sure NVLSP has your C file number in the email and the dates of your last denials for CAD and tell them who confirmed you were a Nehmer claimant.

Is this a BVA Remand?

If so can you give us the Docket and Citation number?

[carlie]

Really bummed out..

Just came home from vacation only to find a letter from the DAV office in Washington, stating that the Appeals Management center has made a decision on my husbands claim. This is the non-official notice... THE AMC HAD MADE A DECISION CONCERNING YOUR BENEFITS;

A COMBINED EVALUATION OF 70% HAS BEEN ASSIGNED AS A RESULT OF THE FOLLOWING ACTIONS..

SERVICE CONNECTION FOR cad IS GRANTED AT 0% EFFECTIVE February 16, 2007.

I would sure want to see the Evidence and Reasons and Bases Sections to see how they supported

Service Connection at ZERO percent.

Call your VSO and see how quick you can get this information.

JMHO

[pkelly4576]

AND

Another thought-

"This is the non-official notice."

Maybe some dope at the DAV prepared this non official letter all wrong.

Before you contact NVLSP I suggest to contact the DAV ( using fax or email instead of phone) and ask them for a more definitive confirmation of the AMC decision in documentation that you can send to NVLSP right away.

If they cant comply with that then I suggest attaching a copy of the DAV letter to the email you send to the NVLSP.

Make sure NVLSP has your C file number in the email and the dates of your last denials for CAD and tell them who confirmed you were a Nehmer claimant.

Is this a BVA Remand?

If so can you give us the Docket and Citation number?

I DO INTEND TO CONTACT THE DAV AND ALSO THE NVLSP. MY CLAIM WAS SENT TO THE AMC BECASUE OF REMANDS THAT HAD TO BE DEVELOPED. THESE REMANDS WERE FOR CAD DUE TO AGENT ORANGE. I AM REALLY CONFUSED AS TO WHY MY CLAIM NEVER WAS PROCESSED AS A NEHMER. IT SHOULD BE BECAUSE OF EARLIER FILING DATE ADN DENIAL OF 1994

[Berta]

It happened to me too-they actually pulled a pending CUE claim I had and sent it to the Nehmer people but didnt put me on the NVLSP list.

Then a separate claim I filed In Aug 2010 under AO IHD was sent to Togus-then they lost it.That too should have put me on the Nehmer list at NVLSP.

The ROs dont put all the Nehmer claims on their list so then maybe the vet or widow wont know to contact NVLSP and then the VA can divert from any potential Nehmer Retro.

In the late 1990s the VA did stuff like this.NVLSP went into the ROs and got millions in retro the VA had withheld illegally from AO vets. Looks like they still are trying to do that because NVLSP wants to review all claims they have on their l;ist (or claims they heard from the vet or widow via their AO addy.

In the Nehmer Training Letter (prepared by NVLSP -unlike all other VA training letters-)the VA can be sanctioned for major errors in the Nehmer claims (which have to involve retro to be Nehmer claims) so

best way for the VA to save Nehmer Retro is to selectively chose some claims that dont go on the list they sent to NVLSP.

Carlie is right-if you had CAD at a ratable level in 1994 or 1995 ,enough to cause you to have a heart attack, and you didn't get some super dooper heart transplant ,that left NO residuals at all-( highly unlikely) I cannot understand where they are coming from here.

Do you have copies of any C & P exam results and also any ECHOs or METS tests they did?

This is Bizarre.