So my husband ended up changing VSO's because the PVA guy he had was screwing up his claims that we had decided to pursue without his help, (because he never did anything)
Went with the DAV instead for the appeal of his Nehmer IHD claim.
IHD claim -
* No problem with the date
* rated 30% 1988 to 1991
*rated 100% 1991 to 1992 (By pass surgery)
*rated 30% 1992 to 2001
*rated 60% 2001 to present
Problem with rating-
* reason given for 30% assigned rating: Veteran has not demonstrated in evidence that a rating higher than 30% is warranted. A rating higher than 30% requires proof that the veteran had recurrent aginal attacks or a reduced ability to work, such as the inability to do anything other than sendentary work.
* So my husband recieved SSD when he had his heart attack and several angio and stents placed in 1988.
* VA VOC REHAB attempted to retrain him because he was unable to return to the same type of work that he was doing. He failed the retraining which was part of the SSD claim in 1988.
VA never considered the Voc Rehab records or the social security records.
DAV guy just wrote a generic "Veteran feels that he is entitled to a rating of at least 60% due to being granted Social Security Disability in 1988" letter/NOD.
It has now gone into the appeals process according to ebenefits. I understand that a DRO review is part of the appeals process but will this really help?
Should we have submitted a CUE (failing to take the voc rehab records into account/ duty to assist) or new and material evidence instead?
The DAV rep could have done much better than the NOD he did write. He did not indicate the applicable rules about using the old IHD regs if they are more favorable (which they are). Nor did he state anything about the Voc Rehab records that prove he was unable to do anything but sedetary work (old IHD regs for 100%).
What should we do? Any advice?
We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.
Question
hawkfire27
So my husband ended up changing VSO's because the PVA guy he had was screwing up his claims that we had decided to pursue without his help, (because he never did anything)
Went with the DAV instead for the appeal of his Nehmer IHD claim.
IHD claim -
* No problem with the date
* rated 30% 1988 to 1991
*rated 100% 1991 to 1992 (By pass surgery)
*rated 30% 1992 to 2001
*rated 60% 2001 to present
Problem with rating-
* reason given for 30% assigned rating: Veteran has not demonstrated in evidence that a rating higher than 30% is warranted. A rating higher than 30% requires proof that the veteran had recurrent aginal attacks or a reduced ability to work, such as the inability to do anything other than sendentary work.
* So my husband recieved SSD when he had his heart attack and several angio and stents placed in 1988.
* VA VOC REHAB attempted to retrain him because he was unable to return to the same type of work that he was doing. He failed the retraining which was part of the SSD claim in 1988.
VA never considered the Voc Rehab records or the social security records.
DAV guy just wrote a generic "Veteran feels that he is entitled to a rating of at least 60% due to being granted Social Security Disability in 1988" letter/NOD.
It has now gone into the appeals process according to ebenefits. I understand that a DRO review is part of the appeals process but will this really help?
Should we have submitted a CUE (failing to take the voc rehab records into account/ duty to assist) or new and material evidence instead?
The DAV rep could have done much better than the NOD he did write. He did not indicate the applicable rules about using the old IHD regs if they are more favorable (which they are). Nor did he state anything about the Voc Rehab records that prove he was unable to do anything but sedetary work (old IHD regs for 100%).
What should we do? Any advice?
We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.
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