Still Uncertainty

[pkelly4576]

Spoke to my VSO on Friday he said my claim was sent to phila. to be rated, on the Friday that I spoke to him, 9/16/11. Yet when I checked e-benefits, under appeals it states BVA decision 9/15/11?????

It is a nehmer claim and supposedly phila is a nehmer center, so i guess when they rate me, all that is left is to notify me.but who knows how long it will take to rate me .patience is a virtue. i hope this pays off.

semper fi coach chas

. p.s. also asked about smc he said that you need to be rated at 70% for one disability i am rated at 70% for 2 disabilities i do have iu. but if i am only rated 60% for ihd i don't think i can get smc. will see time will tell what my rating is. some day i guess i will get the answer

[Berta]

A TDIU rating plus a 60% SC IHD rating would warrant SMC at the "S" level.

Yes- Philadelphia VARO is where the AO claim should be.

VA 800# told me (this confirmed what I heard elsewhere too)- that VA wants all Nehmer claims done by end of October.

My claim there has been ready to rate since April but they have a lot of stuff to consider so I might not get a decision until November.

Your claim does not sound too complex.

[pkelly4576]

I hope so Berta, my claim was the one that I scaned to you from the AMC decision back in the beginning of August. I still never got a letter stating that my case is a Nhemer case.

A TDIU rating plus a 60% SC IHD rating would warrant SMC at the "S" level.

Yes- Philadelphia VARO is where the AO claim should be.

VA 800# told me (this confirmed what I heard elsewhere too)- that VA wants all Nehmer claims done by end of October.

My claim there has been ready to rate since April but they have a lot of stuff to consider so I might not get a decision until November.

Your claim does not sound too complex.

[broncovet]

If you are TDIU plus 60, and qualify under Bradley Vs Peake for SMC "S", then it may not matter if you are a Nehmer class member or not, tho it could affect the effective date.

[pkelly4576]

Don't really understand what you mean. Does it mean that they would not go by the effective date of 1994 when I first had my heart attack??? If that is the case tht I will be right on the phone with the NVLSP.

Coachchas

If you are TDIU plus 60, and qualify under Bradley Vs Peake for SMC "S", then it may not matter if you are a Nehmer class member or not, tho it could affect the effective date.

[Berta]

I think you should contact them TODAY!

Their Nehmer contact email addy and the info they need is found here:

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

Also- as I have posted in the AO forum here many times- the Footnote One criteria for Nehmer (which it appears that you might fall under if VA denied IHD in a past decision)

is in that forum and I will again bump it up-

It is part of the email I received from Rick Spataro, NVLSP lawyer-

as I asked him to verify what I understood in the 165 Nehmer Training Guide regarding this part of the stipulation.

You will receive a response from NVLSP within a few days if not the same day.