Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Sign in to follow this  
warren

Ro Did Not Complete Nov. 2002 Ao Claim

Question

I took AO examination in the year 2002, I then filed a claim for hearing loss. I provided them with every thing they requested. I was denied and I appealed and was denied again, this is ok, but I also filed for Neurological issues due to agent orange. RO sent me letter telling me what I had to do and what they would do, I complied with their request. Being my first claims, I didn't know to keep a copy. A month ago I request copies of all correspondence from RO for the period Jan 2002 thru Dec 2004 under the FOIA. I received all the hearing loss claim papers and this claim was processed correctly according to the Laws, but on the AO claim, the only papers I received from them on my Neurlogical claim, was the letter they sent me, back in 2002, telling me what they would do and what I had to do. It looks like they didn't finish my claim. I called my DAV rep. and he is going to talk to the RO. I was approved for Parkinson's in 2011. Bertha and I have discussed the Nehmer Law concerning the Parkinson's. If they didn't finish my claim in 2002, what recourse do I have? Thanks for any info.

GOD BLESS

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

If they did not finish your claim due to no fault of your own then your claim is still open and you might be able to get an EED.

Share this post


Link to post
Share on other sites

Ad

  • 0

John is on the money bud.

Share this post


Link to post
Share on other sites
  • 0

“but I also filed for Neurological issues due to agent orange. “

“I was approved for Parkinson's in 2011. Bertha and I have discussed the Nehmer Law concerning the Parkinson's. If they didn't finish my claim in 2002, what recourse do I have? Thanks for any info. “

If the neurological condition ( Parkinsons) was rated and given a % and diagnostic code as NSC on the older claim decision ….which seems to still be open as John correctly said....then , by raising the open issue claim, as well as Foot Note One Nehmer, to them, they should go back to that older claim.

“but on the AO claim, the only papers I received from them on my Neurlogical claim, was the letter they sent me, back in 2002, telling me what they would do and what I had to do. It looks like they didn't finish my claim. I called my DAV rep. and he is going to talk to the RO “

Good if he really talks to them.And if he really understands Nehmer.

Did the packet you got (I assume it was a copy of your C file) also hold any of the evidence you said you had sent to them:

“RO sent me letter telling me what I had to do and what they would do, I complied with their request.”

That was the VCAA letter. They tried to screw me (and my former reps helped them) by failing to send me the proper VCAA letter response form with their VCAA letter for a claim I filed in 2003.

I responded to the VCAA letter (which was legally deficient in many ways) by sending them the evidence they needed for my claim.

Then they denied saying I did not respond to sending them the VA response form ,which they had failed to send to me in the first place. Your post here sounded like dejavu all over again to me....

BVA agreed with me that my VCAA was deficient and illegal.

Even the director of my rep org (not DAV...I dumped them long ago) sent me a letter trying to convince me that my VCAA letter was legal. That letter went to the OGC with my complaint on their ineptness and complete lack of knowledge of VA case law.

I am anxious to see what the DAV rep finds out.There certainly are many good vet reps out there,so I hope he or she gets a logical (and documented) answer from the RO on this.

I assume the award for the Parkinsons did not refer to any other past claim you had made for it????

If it complies with Footnote one.(The older claim)....just google Footnote One Nehmer hadit.com,

I think they owe you some cash,in my opinion,

These are 2 links to many of the Footnote One discusssions we have had here at hadit.

Rick Spataro, Head Nehmer attorney, NVLSP ,was fabulous in emailing and talking to me by phone many times over the nuances of the 2010 Nehmer regulations so that the info I posted here was correct.

Somewhere, maybe in one of these 2 links is his email to me explaining Footnote One,which in my opinion was the essence of the new regs and provided considerable compensation awards due to a very favorable EED.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines