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

Amc

Rate this question


pkelly4576

Question

Well someone from the AMC just call me at 10 this morning and told me that they need more info from my current heart doctor. So I assume the letter from the DAV this weekend was not a final decision from the AMC, which I am happy about. I explained to the person that called me that my original claim is from 1994 and 1995. What I do not understand is why my claim was never sent to a Nehmer processing center. I never even received a letter stating that my case was a Nehmer, it was just stated in my original letter from the AMC, that my claim for CAD may be reopened due to knew evidence. This is why it went there for the remands. I know that this sounds confusing but I have every letter that they have sent me from 1994.

IRIS and Peggy also gave me different answers when I called. So I just call my doctor and ask him to send all of my records to this person Bruce, even though they have most of them, maybe they want the most recent.. I ask the AMC official what timeline we are now looking at and he told me that once he gets the records he will try to much it through, maybe another year. We will see. Thanks for listening everyone, I am so glad when I get input from everyone.

Coachchas

Link to comment
Share on other sites

  • Answers 28
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • HadIt.com Elder

If your claim falls under Nehmer, I'd really consider contacting the NVLSP.

Given the claim time frame, if you are in fact a Vietnam veteran with "feet on ground", Brown water service, or some other misc. types/locations considered to be A/O

presumptive, etc., it's likely that you might fall under Nehmer.

I do. One of my the past problems with the VA was that they never placed me on the "list". My claims for problems other than a cut and dried DMII claim were denied, appealed,

floated around the VA system, etc. for years. Finally, I contacted the NVLSP and reluctantly hired a lawyer. Event he initial DMII claim award was "lowballed".

The NVLSP contact disclosed that the VA had NOT placed my name on the list that they were required to provide by the Nehmer ruling.

(In spite of the fact that I was already "service connected" for an "A/O Presumptive" condition, had proved not only "Brown Water" service, but also "Feet on Ground".)

Evidently when the NVLSP asked the VA for a copy of my file, and why wasn't my name on the court directed list, things started happening.

The VAMC handling my case abruptly transferred my claim, even with pending appeals, to one of the Nehmer processing centers. I received notice of a decision and retro a few months ago.

You can use google to find the various web references for the NVLSP and the web site. There is an email process that you can use if you choose to do so.

Under Nehmer, the reto pay can go back to the original claim date you mentioned.

Had the government and the VA been "honest" concerning A/O decades ago, I and thousands of other veterans would have filed claims when problems started occurring, rather than waiting for information associating various conditions to dioxin and A/O. Many of the problems associated with A/O exposure have been known by the EPA, it's predecessors, the military, and industrial medicine for longer than I've been around.

NVLSP MAIL ADDRESS

PO Box65762

Washington, DC 20035

202-265-8305

Fax 202-328-0063

info@nvlsp.org

Link to comment
Share on other sites

  • HadIt.com Elder

The funny thing is that VA does not do medical research on effects of AO. They just use other people's research and IOM. I don't understand this, but it explains why we had to wait 40 years for new conditions to be added to presumptive list.

Link to comment
Share on other sites

If your claim falls under Nehmer, I'd really consider contacting the NVLSP.

Given the claim time frame, if you are in fact a Vietnam veteran with "feet on ground", Brown water service, or some other misc. types/locations considered to be A/O

presumptive, etc., it's likely that you might fall under Nehmer.

I do. One of my the past problems with the VA was that they never placed me on the "list". My claims for problems other than a cut and dried DMII claim were denied, appealed,

floated around the VA system, etc. for years. Finally, I contacted the NVLSP and reluctantly hired a lawyer. Event he initial DMII claim award was "lowballed".

The NVLSP contact disclosed that the VA had NOT placed my name on the list that they were required to provide by the Nehmer ruling.

(In spite of the fact that I was already "service connected" for an "A/O Presumptive" condition, had proved not only "Brown Water" service, but also "Feet on Ground".)

Evidently when the NVLSP asked the VA for a copy of my file, and why wasn't my name on the court directed list, things started happening.

The VAMC handling my case abruptly transferred my claim, even with pending appeals, to one of the Nehmer processing centers. I received notice of a decision and retro a few months ago.

You can use google to find the various web references for the NVLSP and the web site. There is an email process that you can use if you choose to do so.

Under Nehmer, the reto pay can go back to the original claim date you mentioned.

Had the government and the VA been "honest" concerning A/O decades ago, I and thousands of other veterans would have filed claims when problems started occurring, rather than waiting for information associating various conditions to dioxin and A/O. Many of the problems associated with A/O exposure have been known by the EPA, it's predecessors, the military, and industrial medicine for longer than I've been around.

NVLSP MAIL ADDRESS

PO Box65762

Washington, DC 20035

202-265-8305

Fax 202-328-0063

info@nvlsp.org

Thanks for the info I got the official letter from the AMC today it does state that my IHD/CAD was service connected but they are granting me 0%. I am getting in touch with the NVLSP, is there a direct number. Can I talk to someone when I call? This is totally rediculous. My claim, like your has been passed around for years. I really don't understand why it is not at a Nehmer Center. Any idea?

Link to comment
Share on other sites

If your claim falls under Nehmer, I'd really consider contacting the NVLSP.

Given the claim time frame, if you are in fact a Vietnam veteran with "feet on ground", Brown water service, or some other misc. types/locations considered to be A/O

presumptive, etc., it's likely that you might fall under Nehmer.

I do. One of my the past problems with the VA was that they never placed me on the "list". My claims for problems other than a cut and dried DMII claim were denied, appealed,

floated around the VA system, etc. for years. Finally, I contacted the NVLSP and reluctantly hired a lawyer. Event he initial DMII claim award was "lowballed".

The NVLSP contact disclosed that the VA had NOT placed my name on the list that they were required to provide by the Nehmer ruling.

(In spite of the fact that I was already "service connected" for an "A/O Presumptive" condition, had proved not only "Brown Water" service, but also "Feet on Ground".)

Evidently when the NVLSP asked the VA for a copy of my file, and why wasn't my name on the court directed list, things started happening.

The VAMC handling my case abruptly transferred my claim, even with pending appeals, to one of the Nehmer processing centers. I received notice of a decision and retro a few months ago.

You can use google to find the various web references for the NVLSP and the web site. There is an email process that you can use if you choose to do so.

Under Nehmer, the reto pay can go back to the original claim date you mentioned.

Had the government and the VA been "honest" concerning A/O decades ago, I and thousands of other veterans would have filed claims when problems started occurring, rather than waiting for information associating various conditions to dioxin and A/O. Many of the problems associated with A/O exposure have been known by the EPA, it's predecessors, the military, and industrial medicine for longer than I've been around.

NVLSP MAIL ADDRESS

PO Box65762

Washington, DC 20035

202-265-8305

Fax 202-328-0063

info@nvlsp.org

I forgot to include that I am not on the list at the NVLSP either. I e-mailed them about a year ago and I was told through an e-mail that my name is not on the list.

Link to comment
Share on other sites

I got the official letter from the AMC today it does state that my IHD/CAD was service connected

but they are granting me 0%.

It's real important to study the Evidence and Reasons and Bases Section's to see

how they are trying to support the evaluation of zero percent and also

check out the effective date assigned and see if anywhere in there they addressed

the prior denied claims for "IHD/CAD".

JMHO

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Can you scan and attach that letter here? (Cover personal identifying stuff)

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

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • 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