Varo No Nehmer Notice

[artlouis]

I have a AO Nehmer claim with the Los Angeles RO. On Ebenefits, it looks like my case will soon be going to "review of evidence phase." I receive the usual boilerplate letters from the RO re: "processing your claim."

I have yet to receive any notice that my claim is being treated as an AO Nehmer. I made an IRIS inquiry, their reply stated: "According to our records your claim is being processed under the normal (claim for increase) process." I don't know how it can be a "claim for increase" on a claim that never existed before.

Has anyone ever filed a AO Nehmer and had the VA fail to notify them of their AO Nehmer status while the claim was being processed?

Thanks

[Berta]

"Has anyone ever filed a AO Nehmer and had the VA fail to notify them of their AO Nehmer status while the claim was being processed?"

That did happen to some Nehmer claimants. They notified me of my Nehmer status about 2 years after I filed the claim and about 2 months before they awarded it.

Good thing I posted Nehmer stuff here in 2010 as soon as the new AOs came out. I still think there are Nehmer vets and survivors outthere who dont even know it yet.


"I don't know how it can be a "claim for increase" on a claim that never existed before."

That is the problem. Nehmer 2010 is based on prior decisions that denied for AO IHD, Parkinsons, and/or Hairy Cell B Leukemia.It is explained as Footnote One Nehmer claims in our AO forum here, and decisions that contained any of these disabilities that were not formally claimed due to AO ,( or claimed and denied) and listed as NSC on the rating sheets..

I feel the VA's IRIS response was correct and this is not a Nehmer claim.

If you were incountry -Vietnam during the war and have a current presumptive AO disability then you should not have a problem with the claim.

Thailand AO vets....plenty here under a search for those AO regs, , Korea DMZ AO vets regs too, and some CONUS AO awards and Okinawa AO etc.

Edited August 7, 2014 by Berta

[artlouis]

Hello Berta,

You and I traded postings sometime back, the topic was "Nehmer Pension?" on this form. Since our conversation, I've spoken with other vets who've received compensation retroactively back to their NSC filing. One vet had a great deal of trouble with his RO to recognize his claim as an AO Nehmer until NVLSP

represented him.

I was just wondering if this vet's problem was an unusual occurrance, or typical with the VA. I sent an email to NVLSP requesting clarification, and will send a

certified letter to my RO requesting same. I have to assume, they have the same overwhelming evidence I served in VN (65-66) as I do, including a hospitalization there, personnel file, C-file, etc.

[Berta]

I am glad you are contacting NVLSP because I cant really tell if you fall under Nehmer , Footnote one, regarding any past VA decision.

I didn't remember that you had received a NSC pension.



I assume maybe the VA denied you SC but awarded a pension, yet coded an AO presumptive on the ratings sheet.

Even if they didnt code it, Rick Spataro,, NVLSP lawyer explained Footnote one, Nehmer to me here:




The CAVC case he mentions is also a good point to consider.

In the above link , I had 2 claims under AO that "should have been coded" per Footnote One.

I often wonder how many AO claimants were unaware of the Footnote ( which is really the entire essence of the 2010 Nehmer decision)
and I sure bet many many vet reps never even read the Nehmer Training Guide.

There was evidence of 2 AO disabilities in my husband's VA med recs but due to malpracticing on them , VA never diagnosed them or treated them
( AO IHD and AO DMII.) in his lifetime.


The CUE in the link I succeeded on as well but always fail to explain ...The 2003 CUE regarded an 1151 issue.

But my 2004 CUE was solely on lack of diagnostic code or rating of my husband''s malpracticed IHD in a 1998 decision.

When they adjudicated my Nehmer IHD claim, (without any NSC or 1151 DC or rating for the IHD), they resolved the IHD CUE as well.

Of course I sent them (the Nehmer VARO) a copy of Footnote one and made sure they applied it.



NVLSP will need to know what the pension decision said and the diagnostic codes and ratings on it.

[artlouis]

I contacted NVLSP, was told the RO not sending AO confirmation was not unusual today, in 2014.

They will take my claim, if by October, the matter is not close to resolution. They see it as an "open and shut case."

Thanks for the case, I missed that one. My pension disability code was 7005, IHD.

[Berta]

"My pension disability code was 7005, IHD."

BINGO!

I am so glad you contacted NVLSP!