Nehmer/ihd

[dizzyliz]

Just received a brown envelope advising that VA is working on my dad's IHD claim. Dad was USN in Vietnam 68-70. IHD discovered in 77 along with lung cancer. He died in 81 of brain tumor resulting from the lung cancer. VA contacted us re Nehmer claim. We have submitted everything we have and they ordered his records from Record Center in MO.

The letter we recently received indicates that VA is woriking on his claim, but all they have asked for is my brother and my Social Security Numbers. If they needed more evidence of my dad's claim wouldn't they have asked for that too?

[Berta]

Dizzy Liz -this situation is exactly what I discussed yesterday with a Nehmer NVLSP lawyer-

The Nehmer training guide clearly says the widow or dependents do not have to file a claim.

But that doesn't make sense , and I questioned this with the lawyer and and then he asked me to suggest at every web site I deal with to have any survivor who has not received word from VA yet regarding the Nehmer notification- to File the claim. ASAP.

This is GREAT NEWS!!!!

"1. They determined that my dad had filed a previous claim for coronary artery disease during his lifetime.

2. They did a special review under Nehmer.

3. The determined that we are entitled to retroactive compensation."

But it also means you have to file the DIC claim before any retro will be disbursed.

The form is 21-534 and should be here under a search and is definitely at the main VA web site under Forms.

Keep a copy of it when yo file it out and mail it with a proof of mailing to the VARO that sent you this letter.

Use the initials in the Re part of the VA letter that is with the numeric code on the right hand side as a brief cover letter, Attention to and then put those initials.

This is a biggy:

"Basic eligibility to Dependents' Educational Assistance is established from 11/2/1980. (The date of his death)."

It means they could potentially refund part or almost all of any tuition you might have paid to any VA approved college, within the date of his death and the award date. Or you can still use this DEA benefit if you decide to return to school.

"We have enclosed VA Form 21-8765, Service Connected Death Award Attachment (This is a form that does not say anything about the amount of the award, nor does it request additional information)."

Yep-I got that too last year and only because I knew what ancillary benefits were due to me, that is how I got them. VA doesn't want us to know what potential benefits might be available to us.

"We couldn't approve your claim for accrued benefits."

They might be right here but did they say why they didn't approve accrued in the decision?

Did you dad have a SC rating in his lifetime? If so what was it for?

Many of us Nehmer claimants are eligible for SMC retro comp as an accrued benefit.

I told the NVLSP lawyer ( Rick Spataro-he manages the Nehmer Division of NVLSP) that I filed a formal AO SMC accrued claim because I didnt want to depend on the VA missing that point.

(actually they did last month and I asked them to CUE that decision and they made a rating decision on the 6th of January but I dont know what it is yet.)

I believe that the DIC form, when you send it in, will generate a better comprehensive explanation of this award.

As Rick asked of me- and it goes for all of us too, we need to inform any potential Nehmer survivor we know to file a claim if they fit into the new AO criteria.

You WON the claim so congrats there and once they get the formal DIC app, I am sure you will get more info. They have to make a statement at some point as to why accrued benefits could not be awarded.

They might be right. But I have been around the VA block for over decades ,and 17 years as a widow claimant, so it is possible they are wrong.I never received a correct decision on anything from thee VA right off the bat.

Their could p ossibly be some funeral/burial expenses due to you. Do you still have the funeral bills?

Edited January 11, 2012 by Berta