diabetes Screwed Up Nehmer Award For Ihd

[hawkfire27]

So my husband was awarded 30% from 1988 to 1992 for ihd then 100% from 1992 to 1993 for bypass surgery then 30% from 1993 to 2001 for ihd then 60% from 2001 until present.

This would be great except for the fact that he has had SSD from 1988 for his heart condition because he was unable to work. VA Voc Rehab even tried to retrain him because his heart condition required him to have a sedentary job. Yet the claim stated that his record did not show any evidence of reduced ability to perform work or other tasks of daily living.

so my question is: will nvlsp help in this case? Is this a CUE? What can I do about this. He hasn't worked since his heart attack in 1988. He has been on huge meds ever since 1988. This is just crazy. Should He file for reconsideration? The reason all hinges on a doctors certificate saying he could return to work 8 days after his initial heart attacks. About 4 days before the end of the doctors cert. he was readmitted to a different hospital for a stent and angioplasty, and was never given the all clear to return to work. But that certificate is the whole reason the va denied a higher rating for ihd and all his possible retro. They loved that certificate so much they forgot about the other 4 hospital admissions for severe anginal attacks ( cause for a higher rating) after his initial heart attack that caused him to need the bypass in 1992. Dumb sh*ts

He is also 100% for PTSD since 1988 due to an EEF.

a recent decision granting 20% for diabetes AO and a denial for A&A stated he was denied A&A because he did not have a single disability rated at 100% disabling even though he is 100% scheduler they referred to him being only 70% with PTSD in the latest rating letter, which is impossible because he is still recieving 160% pay and his 100% rating is timed out 20years + and is protected.

such obvious mistakes piss me right off!!!!!! What do you think the best approach is. His PVA rep is dumb as a fence post and told me that He should be happy about not recieving his 20+ years of housebound retro. Idiot!

Any help would be much appreciated.

Edited January 10, 2012 by hawkfire27

[Berta]

'This would be great except for the fact that he has had SSD from 1988 for his heart condition because he was unable to work.'

Is the SSDI solely for the heart disease? has it been a continuous award since 1988?

Does VA know he gets SSDI?

'So my husband was awarded 30% from 1988 to 1992 for ihd then 100% from 1992 to 1993 for bypass surgery then 30% from 1993 to 2001 for ihd then 60% from 2001 until present'

When did VA deny him for IHD in the past?

It is a past IHD claim denial that would put him under Nehmer now.

You might have to do what I did- I asked them to CUE themselves on a decision I got last month -and they did and have already prepared a rating decision.

The raters at Philadelphia Nehmer division didn't even obtain my C file from my original RO (although an IRIS said they did)

and that was where all of my evidence was.

They used my husband's old C file which only had his SMRs in it from the Marine Corp.

very few (if any) Vietnam vets had IHD documented in their SMRs.

You could state to them that their decision ,dated XXXX, from XXXXX (use the initials in the re:: with the RO code to the right of the letter, is completely and unmistakably erroneous and tell them why-

tell them what evidence they failed to consider and refer to it as attached and attach copies of it all.

It looks to me like the SSDI records are the problem- and they might not have them, or didnt read them correctly.

Did VA mention these records at all?

If they don't act on the CUE request within a month or so, file for a Reconsideration.But mark your calendar to watch out or the NOD filing deadline.

[Berta]

One more point:

When I said if he had a past denial for IHD,as SC, I also mean if IHD was listed as NSC on any past rating decision.(or it should have been)

That would mean he is a Footnote One Nehmer claimant.

This link has discussion and an explanation from a Nehmer NVLSP lawyer (friend of mine , he is not handling my claim)

as to Footnote One and there are other Footnote One posts here as well.

I believe it is age 16,and 17 of the Nehmer Training Guide.

"Should have been coded" is a key issue for some Nehmer claimants.

It means there had to be significant medical info in the med recs (or in VA's possession in other ways) to code and rate the IHD even if it doesn't appear as a NSC disability with a rating in a past rating decision.

I had to hold their hands on this point as to Footnote One in my Nehmer claim because my husband's heart disease was one of multiple medical errors the VA had made in treating him.He was not diagnosed or treated in his lifetime with IHD but the medical records clearly revealed he had it as well as all FTCA Peer reciews and Section 1151 award clearly stated the undiagnosed and untreated IHD hastened his death.

Regarding your SSDI records, when my husband received SSDI,he advised VA of those records and filed out the authorization form for them to be obtained by the VA.

They never tried get them and told my COngressman that SSA refused to release them. It was a lie.

By the time the VA got them and then re adjudicated his claim, he had died.

You might need to back track on those SSDI records.

And if he does fall into the Footnote One criteria or has had a past IHD denial,then he should contact NVLSP bt they are only seeking the proper EEDs and his might be correct.

For any Nehmer Rating issues, we have to fight them on that ourselves.

Most Nehmer claimants will get retro even if it is the wrong amount and that is the time to consider an IMO if a claimant feels it could support a higher rating.