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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Ao Filing Date

Question

The American Legion is asking vets to make sure they file their claims for any new AO presumptive by August 30th,2011.

I questioned their online article abut this but what they mean is this-

for new AO claims (IHD, Parkinson's, or Hairy Cell B)that are not under Nehmer due to a past denial,

as long as the medical evidence warrants it, the EED for these claims will be Aug 30,2010 per the new regulation's publication date.

In essense the AL means that date can be the date the "earliest entitlement arose" and could be one year prior to the claim date- if claim is received before August 2011.

(I am still puzzled by the AL article which they said was a little confusing.)

It seems to me a vet should be granted a favorable EED even if they file AFTER the Aug 30 2011 "deadline" as AL calls it.

??? any thoughts?

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I agree with you Berta. There should be no "deadline" because there is very little communication about the new AO presumptives. The VA is not doing their part in contacting the vets or widows who are Nehmer class claims either. Just this week I got two more letters from VA telling me that they are looking at my claim for a "pension". A pension would be good, but when service connection and DIC are involved, I won't give up. I manage to hold up to full time employment and would not be eligible for pension anyway. There have been several times this year that they could have recognized my deceased husband and/or me as Nehmer and they never state that. With help from NVLSP and hadit I continue the claim.

Through the years I kept up with Agent Orange and Nehmer. But, it was family members who encouraged me to go to a VFW claims meeting a year ago. I took my best friend who lost her vet husband to heart disease several years ago to that same meeting. With her newest claim she was recognized and as early as January 2011 they were to begin the "decision" on her claim. Our one year is up and she has not heard anything in the past six to eight months. Hopefully, she will receive good news soon. I feel sure there are many vets and widows that are eligible and have no idea about AO presumptives. Even some of those I talk to are hesitant to make a claim.

Time is of the essence also. Getting that claim date stamped by August 30,2011 would be necessary. It took about nine or ten days to get the stamp on my claim last year. Or would date on the claim be good enough?

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Susan -I actually posted another qestion at this AL site because I just don't see their point.

If one is filing for example an IHD claim due to the new regs and never was denied in the past by VA for IHD then they are not a Nehmer claimant.

Thus- this reg should hold for them regardless of when they file the IHD claim:

"Except as otherwise provided, the effective date of an

evaluation and award for pension, compensation, or dependency

and indemnity compensation based on an original claim, a

claim reopened after a final disallowance, or a claim for

increase will be the date of receipt of the claim or the date

entitlement arose, whichever is the later. 38 U.S.C.A. §

5110(a) (West 2002); 38 C.F.R. § 3.400 (2009)."

I asked the AL to comment on that.In my opinion (and I used my husband's 100% PTSD claim as example-

an additional year of retro can be awarded if the medical evidence warrants it-per the above reg-

so I dont understand their 'deadline' statement.

They have not responded yet.

I am sure your date of claim will be OK because DIC under the new AO presumptives goes back to the month of death of the veteran.

I filed in August 2010 and got my Nehmer letter in maybe April this year -I forget-

"I feel sure there are many vets and widows that are eligible and have no idea about AO presumptives. Even some of those I talk to are hesitant to make a claim."

I agree!

I just read an obit in the Corning NY newspaper for a couple who had died. the woman died a few weeks after her companion died and they put this all into one obit.

It said he was a Vietnam veteran and died of heart disease.I ccan only wonder if he ever saw any proper AO comp in his lifetime and since she was common law spouse I guess (we are not common law state however, and she also died shortly after him )I also wonder too if there was a AO claim pending that could be awarded to his next of kin.

I made sure on my AO stuff to VA and NVLSP that my lawyer's name was there in case I die before an award because he has my will and next of kin info.

I have been involved with the AO issue and also as an advocate with NVLSP since 1991.

Last year I won an AO death award for my husband.It was because my daughter-a veteran- insisted that I file the claim for DMII.Prior to that I didn't ever foresee they would determine my husband was an AO vet.

The DMII nevcer appears in his med recs.

I proved he died from it.

I was told my IHD claim was ready for decision as of April 16th,2011 but no word yet.(not for DIC- but for accrued SMC)

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Gee I dont mean I am an advocate with NVLSP -I just mean I have talked to Ron Abrams and their other lawyers many times since 1991 regarding all sorts of veteran's issues and I donate to them.

Also their VBM publications helped me win all of my claims so far.And helped others I have helped with claims.

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Gee I dont mean I am an advocate with NVLSP -I just mean I have talked to Ron Abrams and their other lawyers many times since 1991 regarding all sorts of veteran's issues and I donate to them.

Also their VBM publications helped me win all of my claims so far.And helped others I have helped with claims.

I just spoke with the new nvlsp handling our case. I told him the following:

Notified by VA that we have a potential Nehmer claim for IHD.

VA assigned effective date of 7/10/10.

Dad served in USN in Vietnam in 68-70.

His ship, Dubuque is on the list.

He retired in 1974.

11/77 Dad suffered heart attack, diagnosed as coronary artery disease with angina; also diagnosed with lung cancer.

A claim was filed with the VA (date unknown)

5/15/78 VA denied claim for coronary artery disease and lung cancer because their inception was not within 1 year after active military discharge.

11/2/80 Dad died with cause of death, repiratory failure due to cerebral metastasis due to lung cancer.

Mom died in 2008; my brother and I are only survivors.

I understand that lung cancer was added to the AO list on 6/9/94.

IHD was added on 8/31/10.

When I spoke with my new nvlsp attorney, he said that our claim would probably not qualify because the claim was not pending or denied between 9/25/85 and 8/31/10. He also told me that there was nothing he could do until VA made a decision.

Since the claim was made back in 77-78, does that mean it is not a Nehmer claim? If so, do we have any recourse since the lung cancer and IHD are now AO connected? Since VA nevered notified us that lung cancer was added in 94, how were we to know this?

I would appreciate any help on this.

We were unaware of both of these facts until VA contacted us.

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"When I spoke with my new nvlsp attorney, he said that our claim would probably not qualify because the claim was not pending or denied between 9/25/85 and 8/31/10"

That is correct and found within the Nehmer Court Order.

"Since VA nevered notified us that lung cancer was added in 94, how were we to know this?"

The AO presumptives make some national news medias but not every vet learns of this type of news.VA sends out press releases but has no responsibility to inform individual veterans of much of anything.

The recent new 3 AO presumptives however did warrant the VA to contact any vets/survivors who were denied in the past.

I bet they failed to contact many though.I should have been contacted (I am widow of AO vet) and they never contacted me and some vets here.

I posted the Nehmer info as soon as I got it and had commented on the regulation when it was proposed.

I am surprised they did contact you.

Do you have a copy of your Dad's C file? To see if those claim dates are correct and no other claim,such as a DIC claim, was perhaps filed and denied After the

Sept 25th,1985 date, by your mother?

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