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.

[mendenhall2112]

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...eginsReview.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.

Berta,

thank you for the additional info. she did receive a letter from the VA about a Nehmer claim, and I was told by her DAV rep the DIC claim is being held up by nehmer. according to the DAV rep my father has 3 items being considered for a nehmer claim, and that the VA is currently working on nehmer claims that have only 1 item in question. So my father's claim is way down the list. I guess we will have to just wait it out and see what happens.

[mendenhall2112]

Just 100% or connected to service connection

80% service connected 20 % Un employability .

[Berta]

"according to the DAV rep my father has 3 items being considered for a nehmer claim"

If any of these were open issues pending in his lifetime- she could possibly get an accrued award.

[mendenhall2112]

"according to the DAV rep my father has 3 items being considered for a nehmer claim"

If any of these were open issues pending in his lifetime- she could possibly get an accrued award.

I don't believe he had any open and pending issues, new claim wise, since he was already rated at 100%. Would his claim denied in 1986 for a heart condition be considered

open and pending? I also found denied claim in 2003 for, "sharp chest pain, left side" . The VA denied this claim stating this was a complaint of pain and not a diagnosis of a disease. I do know he was being treated by VA doctors for cardiac related issues.

Berta, once again thank you so very much for the helpful info.

Mike

[john999]

If he was denied for a heart condition then his claim would have come under Nehmer. This could mean big retro.

[mendenhall2112]

80% service connected 20 % Un employability .

Sorry didn't understand your comment at first. He has been 100% since 2001. so he meets the 10 year mark.