tdiu Va Claims They Do Not Have My Nod Even Though They Signed For The Envelope It Was Sent In

[revlonnie]

This is going to be a long explanation. I was granted a 30% rating for IHD that went back for only 2 months, and a 10% that went back to 03/05/2005. During that 10% rating I spent time on a Heart Pump in a VA Hospital in intensive Care. They gave me 3 METs at my first C&P but came back later and raised it to 7-8 METs. My VA heart doctors disagreed with the 7-8 METs and mailed me a VA Form for IHD with their diagnosis of 3 METs. I sent this along with other evidence to the VA through USPS and sent it requiring a signature. I clearly stated that I was in Disagreement and that I informing them that this was my "Notice of Disagreement" (NOD). I also ask several times if they had my NOD when I called them on the phone. (at the VA's own suggestion, I called every 3 weeks). Each time they assured me that they had my NOD. I also sent a claim in for my hearing loss, and bad Tinnitus. I recieved a decision and was grant service-connection for my hearing loss at 0% rating, and I got a service connected rating for my Tinnitus at 10%. I was shocked at getting anything. But they said that my NOD of disagreement for "Individual Unemployability" had been denied. I was bewildered, and then I got angry. I called to let them know that I did not send a disagreement with my IU, but they acted like that was all I had done. I let them know that my NOD was for my IHD rating. Now due to their mistake the one year they allow for disagreeing has expired. I went to the American Legion and they are going to file a disagreement with the denial of IU and include my IHD. I have been unemployed since my heart attack back in 2005, and the American Legion agrees that I should qualify for a higher rating which would put me with a qualifying rating for IU. Does anyone have any opinions, answers , or examples of similar experiences with any kind of positive results?

[Berta]

I would push the NOD issue if I were you.As well as whatever the AL suggested.

You state you have the proof of mailing and their receipt of the NOD regarding the IHD claim.

"examples of similar experiences with any kind of positive results? " Not an NOD, but a claim.

In 1994 my husband dictated a Section 1151 claim for me to type. He signed it,I copied it and I sent it by certified mail to the Buffalo VARO.

He died 6 months later and he had 2 wishes the AM of the day he died (which was sudden and totally unexpected) one being that I continue his 2 claims pending and go after them for every penny if they killed him.

He had called the VA that AM for a status on both claims and they said both the 1151 claim and the PTSD claim were in the rating board.

I spoke to the 800 woman ,myself to verify that as Rod became upset. My VA phone log even had the woman's name, who I also spoke to hours later at 800#, and she was horrified to learn he had died in the few hours since speaking to her.

I reopened both his claim for higher SC rating on his PTSD and also the Section 1151 claim when he died.

Those claims were awarded but the VA never acknowledged his actual Section 1151 claim. I received numerous statements from VA ,as a claimant myself, saying Rod had Never filed a Section 1151 claim.

I argued that point relentlessly in every single claim I had since then, and suddenly found other means of proof that he had filed it just weeks ago and I received my AO decision before I could even send it in.

The decision-for the FIRST TIME since 1994, acknowledged VA's receipt of his 1994 Section 1151 claim.

That meant more to me than the actual AO award did..I felt all these years that VA not only questioned my integrity but that of the veteran, dead due to IHD and VA health care itself , so my prime witness to that claim could not support that he had filed it.

I suggest that you could ask them to CUE themselves on the most recent decision you have that states they never received the NOD.

This stuff is VA BS.

I have experienced plenty of it.

In preparing my request to NVLSP to review my IHD EED, I noticed that again the VA failed to reference a critical Peer Review Report done for my FTCA case.

The report was prepared in Spring, 1995 and both VA regional counsel and the doctor who prepared it assured me the VARO had the report as well as it was in my FTCA file with regional counsel. The RC and the doctor retired soon after and VA told me any times, probably in responses to FOIAs I sent, that this report NEVER existed at all.

Prior to his retirement the RC called me up to tell me negotiations with me would begin soon due to this report.

My DIC was denied again but that was subsequentlyall resolved.

When I reopened my claim in 2003 for a SC death(that would trump the 1151 death) I asked te RO for a copy of my C file.

Right at the very bottom of the stack was the 'non existent' 6 page Peer Review Report.

"I have been unemployed since my heart attack back in 2005, "

Do you receive SSA disability benefits and if so, are they solely for the IHD and/or solely SC conditions?

I"I was granted a 30% rating for IHD that went back for only 2 months, and a 10% that went back to 03/05/2005."

I assume this was not a Nehmer claim but you were exposed to AO. ???

Or was it a Nehmer claim?

Did the VA ever list,code , and rate the IHD in a prior VA decision, that denied the IHD becase it was not a presumptive disability yet?

[revlonnie]

This was a NEHMER claim that only granted 10% rating all but the last 2 months back to March 15, 2005. during that time was hospitalized several times for my heart, and was put on a heart pump in intensive care.