Nvlsp Sent A Complaint For My Claim

[pkelly4576]

Wanted to let everyone know the the NVLSP, sent me a letter this weekend, stating that the VA was not in compliance with the Nehmer decision when they made my decision back in July stating 0 percent for CAD, even though in their decision it stated that my CAD was service related. I have been back and forth with the AMC and the Philadelphia regional office since then so I am hoping that now with the letter from the NVLSP the VA will be deciding my claim soon. According to their letter the VA must decide on my case by June, 2012 and I must be paid by July 21, 2012. Hopefully this is the end of the road for me.

The person at the NVLSP told me that my claims file was very large. They also told me that when I originally file for my CAD claim back in 1993 and again in 1994, they granted me 30% disabling but non compensational.I was discharged from the hospital with a diagnosis of cardiogenic shock secondary to acute anterior mycardial infarction. A VA examination on Nov 16, 1993 also gave me a diagnosis of CAD

At that time back in 93 my ejection fraction was 36%.

In May of 1995 I was given an Agent Orange examination also with a histoy of CAD denied again at 30% disabling.

Sorry to rant but my question is, I know now that they will go back to the orginal date, but I think that with an ejection of 36% I am hoping to be granted 60% or higher. At the time of my original file date I had 4 children under 18.

I now receive 70% IU since 2008 for my post tramantic stress and loss of hearing.

Any imput would be helpful.

PS I was looking for a rate table for back in 1993 but was unable to find one

Simper FI

Coachchas

[Susan]

Good news that NVLSP filed a complaint on your behalf. Your claim should move quickly now, if it goes as fast as my complaint. The complaint filed on my deceased husband and myself was made in September of 2011. In November the award arrived and the checks/deposits arrived within a week or so after the award.

The rating for my husband at 30% in 1993 was paid for a Single at E4 grade at $247.00. They would not include me as a dependent because we were not married. Even though I was his spouse for 20 years and even on all the medical records I was noted as his wife.

He received 13 months of temporary 100% the year of By-pass surgery recuperation. I thought he would also get that for Angioplasty that followed in 1999, but was told that he would not get 100% for that.

Just giving you an idea of how my claim went. I know that your pay grade with dependents and percentage will be different. You will probably get the usual "claim received letter" from the VA soon. Then I got a call from the rater who verified information such as my address about one week before the award letter arrived.

[pkelly4576]

I hope so Susan... I told my husband that we should hear from the VA for the dependents issue.. According to e-benefit, which I know is not areliable there was an Administrative review on Feb. 22, which stated claim received and when I looked on Friday March 2nd, it states decision pending. Don't know if this is the Nehmer claim or not. I am assuming it is because we have not put in any other claim...

Coachchas

[Berta]

VA historic rate tables back to 1977 are attached.

Te VA web site only goes back to 1992.

I hope the attachment goes through as it is quite large.

The VA will use the CAD ratings in effect at time of the past decision,.

I just got a IHD rating from 1988 to 1994 and they awarded 30% yet the evidence today would have warranted 60%.

[Berta]

I am glad NVLSP is helping you. They are reviewing my Nehmer EED.

Although my husband's IHD would have warranted a higher rating under the pending IHD regs,my award states 30% from 1988 to 1994 based on the Rating Schedule in use by VA at that time.

NVLSP confirmed that was the proper rating.

Here is the historic rate charts back to 1977, attached.

VARateTables-Historic.pdf

[Berta]

I also attached page 5 of my Nehmer decison as to the IHD ratings "in effect prior to January 12, 1998" per the decision.

The Dept of Labor records- that part was parsed here.I am surprised they still had these records that resulted from a job discrimination complaint.

DOL didnt resolve that issue and it was filed when the EEOC ADA regs came out. Rod was the first discrimination case awarded under the ADA act here in state of NY. Discrinination due to his PTSD under the Vocational Rehabilitation Act of 1974.He didnt have a stroke until a year later.

My Nehmer decision is quite involved and every time I read it I see something new in it.

I might file another CUE claim.

NVLSP is concerned as I am as to the October 25, 1988 review date they used for the EED.

Based on this review,it appears VA knew of Rod's heart disease ,not only when he had the first heart attack while on the job at VA, but even a reviewer picked up on it,as not treated and not formally diagnosed.

(Or was it diagnosed?)

NVLSP asked me to try to get more info from the VA on that Oct 1988 review.

Something isnt right .

The review was for a proposed PTSD reduction that didnt succeed.

Rod's IHD was not formally diagnosed by VA until 1997. ????

It pays to read these Nehmer decisions over very carefully, then put them down for a week or so and read them again.

Nehmer page 5 IHD ratings.doc

[pkelly4576]

Thanks Berta,

Well as of now we did not hear anything. So I am assuming that we shouldget some form of paper for dependents. I do know one thing and that is if it were not for thi web site, I really would not have know what to do sometimes. There is so much information here, mush more than your rep tells you.

Coachchas