Still No News

[pkelly4576]

Still no news on my appealed claim that was remanded to the AMC. All I know that a decision was made on 9/15/2011. According to e-benefits my claims folder was sent back to the VA medical here in Philly. It also states on e-benefits, when I go under appealed claims that I have no appealed claims. When I called the 800 number they also told me that a decision was made on my claim and it is back in the Philly RO. They told me I should have received or will receive a notification letter soon.... that was 3 weeks ago. They are really slow. but I hope that they made the right decision on my claim which was originnaly filed in 1994 and 1995 for my IHD.

Coachchas

[Chuck75]

I'm going to make some assumptions.

1. The claim was approved, with an ED of 1994-5.

2. The retro will be for a significant schedular %

3. As a result, the retro will be above the amount that requires additional "processing".

(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )

This can cause a delay, to say the least.

[pkelly4576]

I hope that they go back to the original filed date... It does fall under the Nehmer claim although I never received a laeeter stating that. If not the origianl filed date I will be on the phone with the NVLS

I'm going to make some assumptions.

1. The claim was approved, with an ED of 1994-5.

2. The retro will be for a significant schedular %

3. As a result, the retro will be above the amount that requires additional "processing".

(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )

This can cause a delay, to say the least.

[Berta]

It concerns me that you never received the formal Nehmer letter -then again mine came about 8 months after they had the claim.

The letter I got told me exactly what they still needed-only a probate court paper and beneficiary info.

After I sent them what they needed, they confirmed they got it and that as of April 15th ,2011 -the claim was ready to rate.

I also had Nehmer confirmation from NVLSP too.

Chuck is correct here:

"(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )

This can cause a delay, to say the least."

Anything over 25 thou requires 3 signatures but hard to even guess if this is the case here.

Have you used the historic rate chart to figure out any potential retro you could expect?

I figured out the lowest lowball amount they might award on my claim so that-if the Nehmer people call me(they have called some Nehmer claimants to tell them of the awards and retro amounts )I can raise hell- ooops I mean my disagreement to them in the same phone call and then prepare either a formal NOD or better yet ask them to CUE themselves and/or reconsider.

October has been, since I have been in the electronic vets community over 20 years-a month in which it always seemed many claims are resolved and awards are made (due to the fiscal budget I guess)

and the VA wants to resolve these Nehmer claims by this month's end.So I think those two factors are going to bring either many decisions this month that might be non Nehmer as well as the pending Nehmer claims.

Or be factors that hold them all up again.

Did you get a VCAA letter? Has NVLSP confirmed that you fall under Nehmer?

My claim has the same EED that yours has.

[pkelly4576]

Thanks Berta... for the info.. II was told that my claim was a Nehmer claim just recently from my DAV guy here in Philly after he wrote me a NOD letter stating that they must go back to the originaly file date. I don't know if you recall but I did attach my BVA decison here awhile back and you gave me some very good pointers which I follow through with. I did post here back in July my decision from the AMC stating that my IHD was service related and they needed more infor from my doctor which I sent them. If it were not for you telling me the correct paper that my doctor had to fill out I still think that they might not have it. I have been in contact with a man by the name of Bruce Britten from the AMC who must have handled my claim and and I sent him all of the information from my doctor along with copies to Dean at the NVLSP. I have call Bruce every few weeks since July just to make sure everything goes correctly, ( don't know if it will ), but he was the only number that I had they could me me some information. I don't know where to look fo rthe information that you want me look at about loopholes.. Where is it? Also where can I find that rate table

I do know one thing, if I do not receive what I deserve. I will be right on the phone with Dean at the NVLSP.. he told me I have to wait for the decision letter.

I still don't know why my name was not on the Nehmer list...

Coachchas

It concerns me that you never received the formal Nehmer letter -then again mine came about 8 months after they had the claim.

The letter I got told me exactly what they still needed-only a probate court paper and beneficiary info.

After I sent them what they needed, they confirmed they got it and that as of April 15th ,2011 -the claim was ready to rate.

I also had Nehmer confirmation from NVLSP too.

Chuck is correct here:

"(Read look for any loopholes that can be used to reduce or deny, since upper management must "sign off" the award when it's above a given amount. )

This can cause a delay, to say the least."

Anything over 25 thou requires 3 signatures but hard to even guess if this is the case here.

Have you used the historic rate chart to figure out any potential retro you could expect?

I figured out the lowest lowball amount they might award on my claim so that-if the Nehmer people call me(they have called some Nehmer claimants to tell them of the awards and retro amounts )I can raise hell- ooops I mean my disagreement to them in the same phone call and then prepare either a formal NOD or better yet ask them to CUE themselves and/or reconsider.

October has been, since I have been in the electronic vets community over 20 years-a month in which it always seemed many claims are resolved and awards are made (due to the fiscal budget I guess)

and the VA wants to resolve these Nehmer claims by this month's end.So I think those two factors are going to bring either many decisions this month that might be non Nehmer as well as the pending Nehmer claims.

Or be factors that hold them all up again.

Did you get a VCAA letter? Has NVLSP confirmed that you fall under Nehmer?

My claim has the same EED that yours has.

[broncovet]

PKelly

In a similar way, my ebenefits indicates a decision was mailed, as shown below. In my case, I think it means that my case was remanded, or would not have been "returned to the VAMC". I have also received no decision. There was a case, about a year ago that made the RO practice of requiring special signatures for a large retro illegal. (Yea...I know...the VA is "real worried" about compliance with the law...they think they are the law)

I would not say my claims potential for a retro is "large", but it is "large TO ME". By VA standards, they delay claims for 10 years often enough to have special procedures when they do. What does that tell you? To me, it says the VA is delaying claims more than a decade far, far too often.

You would think it would be a rare event, indeed that claims are delayed more than 10 years. Not so.

Details about your BVA Appeal received on no date

• Power of Attorney: D - DAV
• Current Progress: Decision & Claims File Dispatch
• Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Edited October 11, 2011 by broncovet

[Berta]

So Sorry Coachchas-YES I remembered you posted this stuff here some time ago-sorry I asked again- I have a lot going on in my life.

"I don't know where to look fo rthe information that you want me look at about loopholes"

I hope Chuck replies-I know what he means but often the loopholes are found in the C & P or in the SOC.

I dont think you should worry about that at all.

"I do know one thing, if I do not receive what I deserve. I will be right on the phone with Dean at the NVLSP." Just remember that NVLSP's main concern is the proper EED.If they make a wrong rating, we have to appeal that, or ask for reconsideration or tell them to go CUE themselves.

I am prepared to do all three if needed and anything else I can think of (maybe even go to the press this time) and/or give testimony to the H VAC again. There should not be a lot of erros in these claims ut as NVLSP said recently- tere have been EED errors in Footnote One Neher claims.

http://www.va.gov/

Go to this main page for the VA and then to the site index at the bottom of this page and then to Disability Compensation and then to Historic rate charts.

The dates of the rates are listed as of Dec but applicable to the following year.

In other words say they give 100% comp rating for 1V-1S-1C in Dec 2000,it means this is the amount of comp beginning in January 2001.