hypertension Rec'd 1 Decision On Nehmer Presumpt, Expecting 2

[VetsLady]

We received 1 decision on reopening via the 1 of 3 new presumpt(s) added last year via Nehmer. Strange though, 1 was for Luekemia which my husband NEVER had, never had a diagnosis for either....but, had anemia related to another (unrelated issue/condition) ---- 1st VSO said, "Add the anemia, put everyache and pain on the claim form" ...... needless to say, we didn't appeal the anemia issue as it wasn't connected to any disease issue. (it was almost 10 years ago).

The other issue is artherioslerosis (CAD), for which he underwent a battery of C&P testing for earlier this year. He is an established AO Veteran with DM2, PN also. Hypertension was listed on the almost 10 years ago claim. Hypertension was not appealed as there were a host of other very prominent issues going on with him healthwise at that time, and establishing boots on ground was step one which the VA did finally concede to.

Now, as mentioned, we did receive a decision on Leukemia (anemia list on original claim triggered the look-see for a sc from AO)......but, no decision on the heart issues.

Is it just me or is it strange that he received a decision on 1 of 2 issues or, is it customary for VA to send a decision letter out on each condition (I think not?)

I have already contact the VA and they have no clue why a decision wasn't sent out.

Tips, thoughts or ideas are very welcome ....... and of course, who really knows the how or why VA does anything ? It only took 5 years for them to concede he spent 22 months in RVN.

Edited October 17, 2011 by VetsLady

[Berta]

"We received 1 decision on reopening via the 1 of 3 new presumpt(s) added last year via Nehmer"

I assume you mean he got A formal Nehmer letter from the VA some time ago.

Did he contact NVLSP at their email addy I posted in the AO forum many times when he got that letter?

"I have already contact the VA and they have no clue why a decision wasn't sent out"

Do they show on their PC that a CAD decision was made?

[VetsLady]

"We received 1 decision on reopening via the 1 of 3 new presumpt(s) added last year via Nehmer"

I assume you mean he got A formal Nehmer letter from the VA some time ago.

Yes, we did receive a letter notifying my husband his file was flagged for IHD and anemia.

Did he contact NVLSP at their email addy I posted in the AO forum many times when he got that letter?

No, I have not yet. I will asap. He was a very sick man last year and still dealing with advanced illness issues.

I will call them not later than tomorrow.

"I have already contact the VA and they have no clue why a decision wasn't sent out"

They just told me that a decision on the anemia was made (which we rec'd) and the entire claim was closed "without" addressing IHD.

An inquiry from 1-800-voice was made to IRIS with specific details as the IRIS response rec'd only addressed anemia. He received one

letter identifying him as a Nehmer Veteran and his claim would be looked at again. The letter indicated that anemia "could be" a symptom of

leukemia (yes, knew that) ........ and then on the other hand, 1-800 just told me that he filed for hypertension as it related to AO (original claim)

and it was all in the wording of the claim whether it would go back to the file date or the date of August 2010 when they said he did file a claim.

Something is amiss. He is sc for AO related issues. He has heart disease, diagnosed hypertension and EKG's done at the VA and an exam

for AO to be added to the AO registry which indicated enlarged heart and a prior silent heart attack.

Do they show on their PC that a CAD decision was made?

No, they show the claim was closed in its entirety.

[VetsLady]

RO just called, the file is on its way back from San Diego and Rep that called said "someone made a mistake by not addressing the IHD" ......

[Berta]

I am glad you are contacting NVLSP.

Perhaps the claim was 'closed 'because a IHD decision is coming too- but hard to know-

I have 2 separate Nehmer claims pending- I am hoping the CUE claim will be rendered moot by the AO IHD or vice versa-

but I do expect both decisions in the same letter.

I am sure NVLSP can look into this-

He does not get any rating or SC now at all for heart disease. is that correct?

They never awarded for secondary CAD to the DMII???

"1-800 just told me that he filed for hypertension as it related to AO (original claim)

and it was all in the wording of the claim whether it would go back to the file date or the date of August 2010 when they said he did file a claim."

Yes that would be a Footnote One Nehmer claim.If the HBP is directly due to his IHD by medical evidence and a claim for the HBP was denied and not appealed in the past (between Sept 25th 1985 and the AO reg date in 2010.) then the EED for that claim would be the filing date of the denied claim.

Still-if that is the case why are they saying the claims are "closed".

Very odd.

NVLSP has already determined the VA has made multiple errors in the EEDS of these Footnote One claims.

I bet there are more errors than EED errors.

[VetsLady]

I am glad you are contacting NVLSP.

I am as well.

Perhaps the claim was 'closed 'because a IHD decision is coming too- but hard to know-

I have 2 separate Nehmer claims pending- I am hoping the CUE claim will be rendered moot by the AO IHD or vice versa-

but I do expect both decisions in the same letter.

I am sure NVLSP can look into this-

He does not get any rating or SC now at all for heart disease. is that correct?

Yes, not sc for the heart.

They never awarded for secondary CAD to the DMII???

No. The DMII was denied on the original claim but not appealed - Denied because they said he wasn't in RVN. We proved he was, they sc him for DMII.

"1-800 just told me that he filed for hypertension as it related to AO (original claim)

and it was all in the wording of the claim whether it would go back to the file date or the date of August 2010 when they said he did file a claim."

Yes that would be a Footnote One Nehmer claim.If the HBP is directly due to his IHD by medical evidence and a claim for the HBP was denied and not appealed in the past (between Sept 25th 1985 and the AO reg date in 2010.) then the EED for that claim would be the filing date of the denied claim.

My understanding exactly, that the EED would be the original date he filed his 1st claim.

Still-if that is the case why are they saying the claims are "closed".

Because "someone" made an error when they closed it without adjudicating the IHD. That is what I was told by the RO when they called a short time ago, and I thought it was odd. The Rep who called said it was odd as well.

Very odd.

NVLSP has already determined the VA has made multiple errors in the EEDS of these Footnote One claims.

A good reason to contact NVSLP.

I bet there are more errors than EED errors.

[VetsLady]

I just called them and left a message. I had contacted them a couple weeks ago via email, but have not heard from them yet. (I made a notation in my notes)