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ptsd Uh Oh! Va Asking For C&p In A Nehmer Claim
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hawkfire27
Hi everyone,
A couple of years ago my husband applied for AO presumptive IHD and was awarded 60 from 2001, and 30% from 19988 to 2001. In 1988 Social Security found him unable to work because of IHD and Anxiety. He is VA 100% for PTSD since 1988.
So when he received the Nehmer IHD rating letter, he realized that they had used more recent and less favorable regulations in deciding his rating. So he appealed via DRO review. Approximately two years later, we were still waiting for a hearing date to be scheduled, and instead withdrew the appeal, and filed a new and material evidence claim requesting an increase to 100% from 1988.
He requested this because prior VA regulation gives a 100% rating when you are unable to maintain gainful employment, which the social security records (new evidence) provided proof of.
Fast forward to today, and my husbands nehmer claim for increase has been moved from "pending decision approval" back to development and he received a phone call advising him he has a C&P scheduled for Dec 16th.
I don't understand why they are requesting a c&p because of a regulation issue. He has had 2 bypass surgeries etc. They never asked for a c&p in the initial nehmer claim for IHD in 2011/12, so why would they be randomly doing one now???
My husband is 100% + 6-% for statutory housebound. His is convinced that they are trying to take away his housebound rating.
Any thoughts???
The last time he had a c&p done at the VA in El Paso, we had to have a congressional inquiry because it stated he didn't suffer from IHD. (Unrelated A&A claim) along with many other incorrect pieces of information. Soooooooooo I guess I am a little worried. It has been in pending decision approval for a long time, and now to be shoved back to the development phase.
Any ideas??
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hawkfire27
Hi Berta, Thank you so much for your response. I am sorry it is a bit murky isn't it. * No problem with the effective date. * problem with rating of 30% until 2001, as he was determined unable to
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