Hello From Socal...

[SSGunnyG]

Hello community! I am from SoCal and have been lurking on this site for a few months. I'm active duty Marine Corps (22 years) set to retire this August. Started my claims process, and have found a bunch of info here. Also, I received a letter from the VA about potential retro benefits due to my father from AO exposure. Kinda weird that I'm dealing with the VA for these two things at the same time. My father died in 1999 from lung cancer, and I have no idea what kind of claim (if he had one) the VA is looking at.

Well, I plan to keep reading and understanding. Hope to hear from some of you soon.

Aaron

[Berta]

If you received a formal letter from VA saying there might be some potential benefits awarded under the new AO presumptive regulations-

(these letters are generated by the VA's finding of any past denied claim that has ant one of the new AO presumptive disabilities that was denied in it)

then unlike most VA claims, the VA cannot keep the cash and you and any other siblings are beneficiaries to any potential monetary award.

The new regs kicked in for me -I am an AO Nehmer widow.

We have considerable info on these Nehmer claims in our AO forum here.

"My father died in 1999 from lung cancer, and I have no idea what kind of claim (if he had one) the VA is looking at. "

Was this a letter than specifically mentioned Nehmer?

Did he die with IHD (Ischemic heart disease ) contributing?

Did his second wife apply for DIC and was denied????

I am a little surprised if the VA sent you this letter due to his lung cancer- which is an AO presumptive but the new Nehmer AO regs were focusing on IHD, Hairy Cell B Leukemia, and Parkinson's disease.

In any event the VA caught something in his records that warranted the letter you received.

Did they ask for more info yet?

Do you any access to any of his old VA records?

Welcome aboard.

Also, with all those years of service (THANK YOU) you might want to consider the CRDP CRSC info here too.

[SSGunnyG]

If you received a formal letter from VA saying there might be some potential benefits awarded under the new AO presumptive regulations-

(these letters are generated by the VA's finding of any past denied claim that has ant one of the new AO presumptive disabilities that was denied in it)

then unlike most VA claims, the VA cannot keep the cash and you and any other siblings are beneficiaries to any potential monetary award.

The new regs kicked in for me -I am an AO Nehmer widow.

We have considerable info on these Nehmer claims in our AO forum here.

"My father died in 1999 from lung cancer, and I have no idea what kind of claim (if he had one) the VA is looking at. "

Was this a letter than specifically mentioned Nehmer?

Did he die with IHD (Ischemic heart disease ) contributing?

Did his second wife apply for DIC and was denied????

I am a little surprised if the VA sent you this letter due to his lung cancer- which is an AO presumptive but the new Nehmer AO regs were focusing on IHD, Hairy Cell B Leukemia, and Parkinson's disease.

In any event the VA caught something in his records that warranted the letter you received.

Did they ask for more info yet?

Do you any access to any of his old VA records?

Welcome aboard.

Also, with all those years of service (THANK YOU) you might want to consider the CRDP CRSC info here too.

Thank you Berta! Sorry for your loss, I marked the 13th year of my father's passing last Friday. I have read many many many posts by you here, and on another site. I'll see if I can answer to give a little more backstory.

Was this a letter than specifically mentioned Nehmer?

- Yes, the letter my sister and I received stated the review of my father's file was a result of the Nehmer decision.

Did he die with IHD (Ischemic heart disease ) contributing?

- His death certificate says "Neoplasm of the Bronchus" only, no mention of IHD, PD, or Hairy Cell Leukemia. I never knew if he had complications with any of these conditions.

Did his second wife apply for DIC and was denied????

- That's where I'm lacking information. She never mentioned receiving benefits to me. I rarely kept in contact with her after my father passed away. I've called the VA 1-800# and was told this was a review of my father's claim, not a DIC from his wife. They were married when he passed away (VAMC Kansas City), but that's about all I know.

I am a little surprised if the VA sent you this letter due to his lung cancer- which is an AO presumptive but the new Nehmer AO regs were focusing on IHD, Hairy Cell B Leukemia, and Parkinson's disease.

- I was thinking the exact same thing.

Did they ask for more info yet?

- The letter asked for more information, but I don't have anything to provide. The VA verified my sister and myself as surviving children. They had a copy of his death certificate, and knew his wife had passed as well. The latest info I got was the claim was opened Dec 3rd, went to Decision Mar 15th, went to Notification Mar 28th (Seattle). I was told "average" time from Seattle is 23 days. It's a little over 30 days now. I asked for a copy of my father's C-File and don't know who to contact at VAMC for his medical records.

Do you any access to any of his old VA records?

- I have been transferred and transferred and transferred everytime I ask for someone who can get me the medical records.

Edited May 1, 2012 by SSGunnyG

[Berta]

"I asked for a copy of my father's C-File and don't know who to contact at VAMC for his medical records.

Do you any access to any of his old VA records?

- I have been transferred and transferred and transferred everytime I ask for someone who can get me the medical records"

After a veteran dies ,at some point they retire his or her medical records somewhere in St Louis but I am assuming that his medical records might still be with the VARO that sent the Nehmer letter to you and would be available there. When they reopen a deceased veteran's claim they then acquire the retired medical records, as they apparently did in your case.

“Neoplasm of the Bronchus" -I am not a doctor but am VERYsure this is a soft tissue sarcoma and warrants AO compensation.

Did they say what exact type of info they still wanted?

If your father had any private medical records, in addition to VA med recs does VA know that?

Was an autopsy done?

The entire Nehmer Training Guide has a link in the AO forum here........but I am not sure,if VA awards this claim,what they are actually going to award?

Maybe he had a pending claim when he died that would warrant accrued benefits.....

And perhaps the second wife did receive some DIC before she died.....

I have more questions than you do I think because this is an unusual situation.

The contact info for NVLSP is also in the AO forum but best to contact them if the decision is a denial (I HOPE not) or the EED (earliest effective date )is wrong.

NVLSP won the Nehmer AO decision for Beverly Nehmer. They are a pro bono law firm and so no charge at all for them to go over the decision if you believe the EED is wrong.

They questioned my EED and I await info from VA to explain it better.

I assume you did ask for a copy of his C file and that C file copy might well reveal a paper trail that will explain this better.

I just hope it doesn't take to long to arrive.

Edited May 1, 2012 by Berta

[SSGunnyG]

"I asked for a copy of my father's C-File and don't know who to contact at VAMC for his medical records.

Do you any access to any of his old VA records?

- I have been transferred and transferred and transferred everytime I ask for someone who can get me the medical records"

After a veteran dies ,at some point they retire his or her medical records somewhere in St Louis but I am assuming that his medical records might still be with the VARO that sent the Nehmer letter to you and would be available there. When they reopen a deceased veteran's claim they then acquire the retired medical records, as they apparently did in your case.

Neoplasm of the Bronchus" -I am not a doctor but am VERYsure this is a soft tissue sarcoma and warrants AO compensation.

Did they say what exact type of info they still wanted?

If your father had any private medical records, in addition to VA med recs does VA know that?

Was an autopsy done?

The entire Nehmer Training Guide has a link in the AO forum here........but I am not sure,if VA awards this claim,what they are actually going to award?

Maybe he had a pending claim when he died that would warrant accrued benefits.....

And perhaps the second wife did receive some DIC before she died.....

I have more questions than you do I think because this is an unusual situation.

The contact info for NVLSP is also in the AO forum but best to contact them if the decision is a denial (I HOPE not) or the EED (earliest effective date )is wrong.

NVLSP won the Nehmer AO decision for Beverly Nehmer. They are a pro bono law firm and so no charge at all for them to go over the decision if you believe the EED is wrong.

They questioned my EED and I await info from VA to explain it better.

I assume you did ask for a copy of his C file and that C file copy might well reveal a paper trail that will explain this better.

I just hope it doesn't take to long to arrive.

"After a veteran dies ,at some point they retire his or her medical records somewhere in St Louis but I am assuming that his medical records might still be with the VARO that sent the Nehmer letter to you and would be available there. When they reopen a deceased veteran's claim they then acquire the retired medical records, as they apparently did in your case."

- Thank you for that info. I asked for a copy of everything, hoping it's the C-File and all medical records.

“Neoplasm of the Bronchus" -I am not a doctor but am VERYsure this is a soft tissue sarcoma and warrants AO compensation."

- From everything I've read, I draw the same conclusion....but you never know what the VA will determine.

"Did they say what exact type of info they still wanted?"

- Asked for birth certificate, marriage certificates, death certificate, SSN numbers. By the time I called the first business day after receiving the letter, they'd had his birth, death, both marriage certificate, divorce decree between my parents, and verified me and my sisters' addresses and identity. So, from there, I guess they went forward. The claim was in Decision by the first time I even called. Weird that we got the letters asking for info, but the claim was in decision. Received letter March 23rd, claim went to Decision March 15th.

"If your father had any private medical records, in addition to VA med recs does VA know that?"

- VAMC Kansas City was his primary care facility. He had a tough time holding jobs (he'd get pretty good ones) just had medical and legal problems that interfered.

"Was an autopsy done?"

- I don't have a copy of it. More info I suppose I need ASAP.

"The entire Nehmer Training Guide has a link in the AO forum here........but I am not sure,if VA awards this claim,what they are actually going to award?

Maybe he had a pending claim when he died that would warrant accrued benefits.....

And perhaps the second wife did receive some DIC before she died.....

I have more questions than you do I think because this is an unusual situation."

- I've got the Nehmer Training Guide and have been studying up. I'm confused too. Do you know if DIC was due to his wife that was unpaid if they'll award that to me and my sister too? My dad never said anything about getting VA compensation for his cancer. I'm sorry to have such a weird situation. Maybe that's why 13 years after his death, they're just now getting to it...maybe? The other site I just started going to was just as lost on this issue as you and I.

"The contact info for NVLSP is also in the AO forum but best to contact them if the decision is a denial (I HOPE not) or the EED (earliest effective date )is wrong.

NVLSP won the Nehmer AO decision for Beverly Nehmer. They are a pro bono law firm and so no charge at all for them to go over the decision if you believe the EED is wrong.

They questioned my EED and I await info from VA to explain it better.

I assume you did ask for a copy of his C file and that C file copy might well reveal a paper trail that will explain this better.

I just hope it doesn't take to long to arrive."

- I've contacted NVLSP and the lawyer I spoke with said he'd help me make sure the award is correct, if any is due. Just didn't have any info before I get the Notification letter. He found my father's name in a database, I'm assuming it the AO registry or the Nehmer registry. Thanks Berta, I hope you claim is resolved to your satisfaction ASAP!!!

[Berta]

"Do you know if DIC was due to his wife that was unpaid if they'll award that to me and my sister too"

Yes- that is how I understand the Nehmer Training Guide----

But I hesitate to state that as fact here in your situation -because of the other wife's possible potential ,in her lifetime, for DIC.

If she had already been awarded DIC under an AO presumptive death, that could change everything as far as any future award goes.

You are willing to seek all of those records and that will help you tremendously.

BTW-my AO case was very unusual.too ,Probably nothing like it before.

I succeeded in January on AO death and the EED doesnt really matter to me, ......there was something else that NVLSP and I were concerned about in the decision.

I won a wrongful death case against VA for killing my husband many years ago. The VA acted like they had no idea of the malpractice in his lifetime.

The AO decision however, indicates when they determined the EED date, that they knew 6 years before he died ,of the malpractice when he was a VA employee ,and still they did nothing for him.

I have been waiting for the records they used for that date ,for 2 months so far.

He was !stMarDiv USMC Vietnam 65-66. The AO was dumped on him near a jungle edge in Ashau Valley.

Of course we dont have to prove exposure to AO on these claims but I found the proof just in case.

Edited May 2, 2012 by Berta

[SSGunnyG]

"Do you know if DIC was due to his wife that was unpaid if they'll award that to me and my sister too"

Yes- that is how I understand the Nehmer Training Guide----

But I hesitate to state that as fact here in your situation -because of the other wife's possible potential ,in her lifetime, for DIC.

If she had already been awarded DIC under an AO presumptive death, that could change everything as far as any future award goes.

You are willing to seek all of those records and that will help you tremendously.

I won a wrongful death case against VA for killing my husband many years ago.

He was !stMarDiv USMC Vietnam 65-66. The AO was dumped on him near a jungle edge in Ashau Valley.

Yes, I'm just so confused about how they'd adjudicate this claim. No one in my family knows if my dad or his wife were receiving any benefits. My grandmother, aunts, and sister have said they never heard my dad or his wife talk about any of that.

From what I understand if she was receiving DIC when she passed, it's a done deal...unless there was some compensation due my dad that was unpaid to her, it'd come to my sister and me. Other than that, maybe my sister could get some retro education benefits (she was in college when my dad died), and unpaid burial expenses. I don't now, maybe the uniqueness of this claim is what's taken it so long.

I've read your posts before about how hard you fought for your husband's rightful benefits. I applaud your strength and commitment.

A big OohRah Marine to your husband. I'm sure he's smiling down, as happy as can be that you're given' em hell on his behalf.

Thanks Berta!