Ao/korea

[qrdgv2tebc]

HI TO ALL

NOT BEEN ON HERE IN A LONG,LONG, TIME

QUESTION; PUT IN FOR IHD IN 2000 DUE TO AO,DINIED, IHD NOT ON AO LIST.

RECEIVED LETTER FROM VA 2003, STATES REVEIW OF AO CLAIM FROM 2000, AGAIN DINIED

PUT IN AGAIN IN JAN,2011, GOT S/C WITH A DATE OF FEB, 2011--60%

LETTER STATESCOMBINED 2000/2004 TOGEATHER[DONT KNOW WHAT THAT MEANS].

SHOULD I HAVE AN EARLIER EFFECTED DATE?

SHOULD I ACCEPT THE EFFECTED DATE OR DISAGREE WITH THE DATE.

ALL INFO WELCOMED

HI BERTA, FINALLY GETTING HELP FOR MY BLINDNESS BUT NOT FROM THE VA.

[qrdgv2tebc]

IF YOU ANSWER TO THE ABOVE, PLEASE USE LARGE LETTERS, BECAUSE I CAN NOT READ NORMALPRINT

THANK YOU

[evandc]

JUST OF TOP OF MY HEAD...SOUNDS LIKE SHOULD GO BACK TO 2000..WOULD ASK FOR EARLIER EFFECTIVE DATE..BEEN IN PI LONG?

[Berta]

"PUT IN AGAIN IN JAN,2011, GOT S/C WITH A DATE OF FEB, 2011--60%"

I WILL ASK A CONTACT I HAVE AT NVLSP.

IT LOOKS TO ME THAT THEY STUCK WITH THE CLAIM DATE ONCE THE IHD REGS WERE IN PLAY.

I THINK THE ACTUAL REGULATION DATE IN THIS CASE CONTRIOLS HPOW FAR BACK THEY WILL GO.

I AM NOT SURE AND WILL CHECK WITH THE LAWYER I KNOW AT NVLSP.

THIS IS GREAT NEWS ON THE AWARD HOWEVER_ CONGRATS AND GREAT NEWS ABOUT YOUR HELP WITH VISION PROBLEMS.

[Berta]

IT MIGHT TAKE A DAY OR MORE FOR ME TO HEAR BACK FROM NVLSP-I JUST EMAILED THEM.

QUESTION:

DO YOU GET SSDI BENEFITS ?

ARE THEY SOLELY FOR THE IHD IF YOU GET SSDI?

IF ANSWER IS YES TO ABOVE DOES THE VA KNOW YOU GET SSDI FOR IHD?

Edited November 15, 2011 by Berta

[Berta]

I HEARD FROM NVLSP MINUTES AGO:

I AM PUTTING THE IMPORTANT PART IN CAPS DUE TO YOUR VISION PROBLEM:

"Hi Berta,

 

It sounds like the veteran with AO exposure in Korea should be entitled to an effective date of 8/31/10.  Since he did not serve in Vietnam, Nehmer doesn’t apply so he can’t get an effective date prior to 8/31/10. However, the VA’s normal rules regarding liberalizing rules apply.  Here are the rules:

 

1.If the veteran was diagnosed with IHD prior to 8/31/10, his effective date should be one year prior to the date of his first claim on or after 8/31/10, but can be no earlier than 8/31/10. 

 

Examples:         Veteran diagnosed 2005. Files claim 3/15/11. ED should be 8/31/10

                        Veteran diagnosed 2005. Files claim 11/15/11. ED should be 11/15/10.

 

1.If the veteran was diagnosed with IHD on or after 8/31/10, the effective date is the date of claim.

 

Example:          Veteran diagnosed 9/15/10. Files claim 3/15/11. ED should be 3/15/11.

 

 

So, as long as the veteran you wrote about was diagnosed prior to 8/31/10, he should be entitled to an effective date of 8/31/10.  He should file an NOD with the effective date."

 

SO,AS LONG AS THE VETERAN YOU WROTE ABOUT WAS DIAGNOSED PRIOR TO 8/31/10 (AUGUST 31,2010) HE SHOULD BE ENTITLED TO AN EFFECTIVE DATE OF AUGUST 31,2010. HE SHOULD FILE A NOD WITH THE EFFECTIVE DATE.

This is from Rick Spataro Nehmer Attorney NVLSP

[qrdgv2tebc]

IT MIGHT TAKE A DAY OR MORE FOR ME TO HEAR BACK FROM NVLSP-I JUST EMAILED THEM.

QUESTION:

DO YOU GET SSDI BENEFITS ?

ARE THEY SOLELY FOR THE IHD IF YOU GET SSDI?

IF ANSWER IS YES TO ABOVE DOES THE VA KNOW YOU GET SSDI FOR IHD?