Ao Question For Elders

[johnjjr]

I have been helping my bro-in-law with his AO claim long distance for some time now and we have hit a brick wall. Need some help figuring what to do. A bit of history on his claim. First filed heart desease claim in 2001. It was denied, NODed and has been in the system ever since. The first of this year, it was remanded back to Cleveland from Washington and Cleveland sat on it til he got his senator involved. Then they farmed it out to Huntington, WV in July. He has had 1 heart attack and now has 4 stents and a defibrillator in place. He has submitted medical opinions from 2 board certified cardiologists as to his condition. Yesterday, he got a letter stating that an appointment had been made for Dec. 8 with a VA cardiologist to confirm his condition prior to a final decision being made. WTH?? He called his senator's office to see if they could find out what was going on. This morning he got a call from the senator's liason who told him the following. On Sept. 15 a decision was made on the claim in Huntington. It was passed to a supervisor who is sitting on it until a VA doc sees him again. BTW, he has been seeing a VA cardiologist all along for this condition. I told him to contact NVLSP asap since all AO claims were supposed to be decided by Oct 31. IMHO this claim should be a no brainer for 100% SC. Where do we go from here? Any and all help appreciated. Be well and GOD bless.

This is a Nehmer Claim. He was notified when IHD was added to the list of presumptives.

Edited November 1, 2011 by johnjjr

[jbasser]

That sounds like something is wrong in Huntington. Does he have A VSO.

J

[JR Reihs]

I am at a loss to tell you what to do here since the VA has scheduled a C&P. I am very close to the Huntington office if I could help in some way.

It has been a while since I had to visit that office, I will say it is one of the better ones from my personal opinion and that of many others. If you run into any problems, you can call Senator Jay Rock's office........He keeps this office in line if problems occur, I have personally seen it.

The C&P might have been called for on the issue of effective date......hard to say unless you have the papers from the VA.

If your BIL has an SO, then the SO can call the DAV in Huntington, it's a small office and a short walk to the raters. The SO's there are good for doing this.

[stillhere]

Huntington is a good place to have his claim. They seem to work very well. That being said sounds like somewhere along the line the VA is losing site of the fact he is being treated by the VA. If he can go to the cardio doc where he is being treated and get copies of his condition this could be done quicker.

Also if he is under Nehemer there are at least some 19,000+ that have not been settled. Supposedly they are getting a 1,000 done a week so should be in the next few months. In the meantime have him call his VSO and tell him that he is in fact being treated by the VA.

Someone really dropped the ball!!

Good luck!!

[evandc]

The first thing I did was contact these people:

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-RevisedAORelatedDiseases0610.htm

Looking back it would have been better to be turned down, do nothing & get picked up in Nehmer last year & it would be settled now. That's not what you or anyone should have done, but that's what I did with 2001 turndown & was notified in Oct. 2010 got 60% & got check Dec 28, 2010.

Thanks for helping a Veteran,

Don

Edited November 1, 2011 by evandc

[johnjjr]

@jbasser

He has a VSO if you can call him that. Usually on the golf course more than in his office. I've tried my best toget my BIL to dump him but to no avail. The VSO did tell him that if he gets 100%, the retro will be well over 100 grand.

@JR

No mention of an effective date on any papers they have sent him. Only the new C & P. Sounds more like doctor shopping to find a reason to deny.

@stillhere

Huntington has all his VA medical records and has acknowledged same. They even called him and requested the serial # of the defibrillator which he provided them,certified mail, return receipt.

Edited November 1, 2011 by johnjjr

[jbasser]

(We called the senators office for help)

Here is your problem. The VA has so many days to respond to a senate or congressional inquiry and will use every last freaking second of it while they hold up a claim.

No matter where the claim is at in the system.

J