New to this site and trying to gather information for my mother,

[mendenhall2112]

New to this site and trying to gather information for my mother,

My father, a Vietnam vet and 100% VA rated passed away in Feb of 2011 from a heart attack. I filed a DIC claim on my mother behalf in March of 2011. I found out this week, Aug 2011, the DIC claim is in, Nehmer limbo. While going through one of my father’s old VA claims I saw he had been denied a claim for a, “heart condition” in 1986. No other description was given. If the heart condition claim denied in 1986 falls under the Nehmer guidelines does that mean it is retroactive back to 1986 and that my mother is entitled to the retroactive payment? Any information would be greatly appreciated.

[Berta]

That is a good question.

I have an accrued IHD AO claim that derived from claims my husband had pending when he died.I also had a SMC CUE claim for accrued pending when the AO IHD regs came out.

I don't know how the VA will handle the type of situation your mother is in-if no claim was pending in his lifetime.

She certainly should receive DIC but I don't know about any retro accrued award.

The NVLSP Training letter did not get into much info as to accrued benefits under the 3 new presumptives and the latest edition of the VBM by NVLSP came out right before the regs were published-so nothing there as to these new AO claims.

As long as the claimed heart condition in 1986 can definitely be construed as the same Ischemic heart disease that I assume he died from, then this would possibly be a claim under Footnote One which I have explained in our AO forum.I am a Footnote One Nehmer widow.

Has the VA sent her a letter stating this is a potential Nehmer claim?

Has she informed the VA that there had been a past denied heart disease claim?

I strongly suggest that she contact NVLSP-these are the pro bono lawyers who won the Beverly Nehmer Class Action case.

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

Their Agent Orange email addy is in the article and they can best advise her on any potential accrued

benefits and of course she should definitely get a DIC award.

I talk with a NVLSP AO lawyer by email and phone from time to time and asked him if I understood the accrued regs for these new claims last year as to not requiring a formal accrued claim.

He responded

“Hi Berta,

Happy New Year and happy belated birthday! You are correct that no formal accrued benefits claim needed to have been filed in order to be entitled to accrued benefits under the Nehmer rules."

But even our prior email discussion only talked about claims pending when the veteran died.

It is good to know that no formal Accrued app is needed because non Nehmer claims for accrued are denied if the accrued app is not received within one year of the veteran's death.

Was there any claim pending when your father died?

Did she receive any letter yet that mentioned accrued benefits?

NVLSP will certainly email her back with a response.They will want some details as the link shows.

Also at some point the VA will ask her for her proof of status as Executor or Administrator of the estate and any other potential next of kin.

I was able to get a raised seal copy of my probate papers from the court house in a few days as this was the sole document VA asked me for when they got my AO IHD claim.

Edited August 14, 2011 by Berta

[john999]

If he was 100% for ten years before his death she would get DIC anyway.

[cooter]

If he was 100% for ten years before his death she would get DIC anyway.

John, would it also have to be P&T as well, or not?

[Pete53]

Just 100% or connected to service connection

[cooter]

Just 100% or connected to service connection

Gotcha, thanks Pete

[Berta]

Right- I hope I have not stated that wrong here in the past-

Ten continuous years at 100% SC because death makes the veteran's status P & T if the VA didn't decide the P & T in their lifetime.