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[cowboys4life]

Hi everyone I had posted a while back about my feelings regarding my board hearing. I mentioned that the judge seemed to really concerned about my case taking 12 years to adjudicate. I soon learned on ebennies that she actually moved my claim up on the docket even before she left Saint Petersburg Fl. Today I learned that my claim moved back to the VSO there in Washington. What does this mean and should I be worried about that and how do I contact that office up there to see what kind of argument they will make on my behalf. My claim arrived at the BVA on 1/25/2015 went to VLJ the very next day. Any thoughts on this will certainly comfort me.

[Berta]

In December 2014 you posted this background info here:

" have two ratings for same condition. Back in 2002 I submitted both service connected and non-service connected claims. Both were denied and I subsequently won the non-service claim on a CUE. I also won the service connected claim for same condition that I was granted for non-service pension. Here is where I am confused about. If both claims for granted separate from one another but they both were granted back to the original claim date, then why is it that the service connected claim was only for 30% and the non-service claim was for 100% for a severe heart condition. I was 44 years old at the time I filed these claims. Here is the rating decision:

A review of your cited treatment records from the Bay Pines VA Healthcare System shows you were receiving treatment for coronary artery disease. Your past medical history shows you underwent coronary artery bypass grafts (CABG). The records show your coronary artery disease was severe and you had myocardial infarctions. AS the evidence is sufficient to show you were unable to maintain and obtain gainful employment due to non-service connected disability at the time you initially filed your original claim for this benefit, entitlement to a non-service connected pension is granted.

When I was granted service connection for same condition I only received a 30% rating. I need help SO CONFUSED!!!! Have A BVA hearing on Jan.13.15 how should I approach this."

Unfortunately I never continued to reply to that...I dont have time to read every post here.

You are right that your age was a factor in the NSC rating.
That was a factor in my husband's rating for a CVA 100% Permanent and Total because of his age and also documented by a former VA Secretary, Voc Rehab, a C & P examiner, NYS Higher Education ( for student Loan waiver etc etc.

My claim was sent to VACO because although they granted a CUE claim, the director is trying to get me to believe he was not P & T.

Yet it was the same situation when they awarded him 100% P & T for SC PTSD.

I completely understand your frustration.

I forget,,,is this a Nehmer Award?

If so what has NVLSP said about all this?

The VA couldnt award my husband the NSC pension as it was less than his SC comp..

Their NSC award was due in part from a SSDI award. He had 2 separate 100% SSDI awards.....long story there.

What is the docket Number and Citation number of the BVA remand, or of their last decision?

[Berta]

BTW, it is good they advanced your case.

My 2 pending claims ( one on almost exactly the same issue as yours, was sent to VA Central yesterday.

Primarily because my RO Buffalo, cannot seem to understand basic VA 101.

The Under Secretary Mrs. Hickey, got my point right away on the problems I am having

Edited March 13, 2015 by Berta

[Berta]

more...my Nehmweraward for my husband's IHD was based on a rating, that was based on NO diagnosis at all opf his IHD and on NO treatment of it. The evidence of it was within my FTCA case and a Peer Review report., and much more.

It was a Section 1151 and FTCA malpractice issue.

The Nehmer RO awarded direct SC for the AO IHD ( I am filing claim for 1151 on it as well)

for a 6 year period of proven VA malpractice but based the 30% on the regulations and VA SRD at time of the initial evidence of IHD, hidden from the veteran and me, with no treatment.

That is how they came up with the 30%.

Is it possible this is how they determined that rating for you, erroneouly in the older award?

Can you scan and attach the 30% award decision here" They had to state what they based that on in it.

Cover C file # ,etc prior to scanning it.

My pending CUE claim, sent to VACO, is almost exactly this same issue, from what I see here.

[cowboys4life]

Thank you Berta. I have to clarify some things that you may have misunderstood. I received my service connection not for Nehmer but do to the fact that I had positive EKG changes which got worse over the course of my enlistment. With that evidence and the opinion of my VA doctor I was granted service connection. The non service pension was not because of my age but do to the fact that the doctors stated that I was permanently disabled and unable to maintain gainful employment. The question I raised was why would my connected rate only be at 30% when in fact the VA stated in its rating decision on the pension that I was totally and permanently disabled. Because I do not have a means to scan any documents at this time I believe I have given you a clearer picture regarding what led to my appeal of the rating of the 30%. Now I am waiting for the VSO to look at whatever the judge recommended or didn't. Hopefully my claim won't be held up that long in the VSO case load and I can get back to the judge. Please keep in touch. I value your expertise.

[Berta]

Thanks for clarifying this is not a Nehmer issue.

"The question I raised was

why would my connected rate only be at 30% when in fact the VA stated in its rating decision on the pension that I was totally and permanently disabled."

Why... because either the VA overlooked probative evidence or they simply could not read the evidence they had.or 38 CFR...

This could definitely be a basis for CUE but:

What is the docket Number and Citation number of the BVA remand, or of their last decision?

I assume this was a denial from the BVA at some point????

[cowboys4life]

Hi Berta thanks for getting back with me. To answer your first question. My claim is at the VSO at the BVA after leaving the VLJ. This is an appeal of the decision by the ratings board which awarded the 30% back in 2010. The original claim date of Aug 02. was denied and granted in 2010. Because the rating comes from the RO and not the BVA. I submitted paper work stating that I did not agree with the rating. I had submitted two claims simultaneously in 02 one service connected and one non service connected they both were denied in 03. I had a great VSO from the FDVA that found out that my service during the first gulf war had been overlooked, so I appealed that rating based on a CUE. Because there were EKGs from my SMRs that showed Ischemia the board remanded my claim. Before the remand was done the VA somehow realized what they had done and gave me the non service pension in 2006, but only from Aug of 06. The BVA granted me the early effective date for the CUE before the service connected remand. My VA doctor opined that my condition was at least as likely as not originated from my time in service given the fact that I had evidence of IHD which I was being treated for, which in fact was the symptom of CAD. In the denial letters the VA was relying on the EF and METS. My METS was between 5 but no greater than 7,thus the 30%. However. Because two VA doctors had opined that I was totally and permanently disabled and unable to maintain gainful employment due to the nature of my heart spasms and my family history of early death syndrome, I argued that I should have been able to at least have an extra scheduler rating. I also learned that I had had heart attack which was never mentioned in any of the C&P exams nor was there any reference to the C&P exam that stated my heart condition would interfere with my ability to work. My EFs had ranges from 2% to 60s with a lot of 50s in between. My condition steady declined and I have been waiting all this time to have my claim adjudicated finally!!!!!!!!!!!!!!!!!!!! The judge that heard my case in st Petersburg felt that it had been too long and I needed to have my case resolved. I am living with my family in a homeless project facility and had paper work for my claim to be expedited. I learned that the judge had already made up in her mind to move my case up before she left St. Pete. Do not want my claim to sit to long at the VSO but I have waited this long a few more months won't really matter. Thank You Berta you are a great help.