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Nod For Nehmer Claim For Ihd
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VetsWidoFl
A NVLS atty advised me to file a NOD for my claim for retro DIC benefits based on my spouse's death in
2007 from IHD.
He advised me that my husband's 30% award for heart disease in 2001 {which he never filed a claim for}
but which the VA linked to his AQ DMII, should have been at the 80-100% rate.
The VA used the same medical evidence to increase the award to 100% in Dec 2004.
Therefore, the atty wants me to file a request for an increase rating under Nehmer for the heart
diease award in 2001.
I understand my denial of retro benenfits because my spouse "filed "for heart disease during his lifetime.
But, what about the increase rating???? Could this be done under something called CUE???
My "usual" VSO is not enthused.
Appreicate any guidance. I am soooo lost in this process.
VetsWidoFl
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