Please help my cousin Daughter with fathers claims

[Buck52]

My cousins daughter is going to join hadit in the future  she has been helping her Dad with his claims  they filed in May I believe and need his claims approved ASAP   he has quite a few major conditions he needs Service Connected  he is a 60's Vietnam Veteran Honorably Discharge and Proud.

.Debates and Parkinson He has other conditions as well  ... he just now has filed a claim can he get any retro back to the 70's when this disease first arose? I am not sure where he is with his claim  I think they have a VSO but the VSO keeps them in limbo and slow about things they need help with  I believe they have medical records  she will create an hadit account and ask questions.

I ask his Daughter who is helping her Dad with this  to join Hadit  I'd appreciate all the help you guys can do for them   its greatly appreciated.

He has been have problems since the 70's and is in pretty bad shape...he maybe in Rehab at present IDK? But not Voc-Rehab  I don't think?

[Berta]

Diabetes Mellitus ( Type 2 -not Type 1)and Parkinsons are presumptive AO conditions.

." he just now has filed a claim can he get any retro back to the 70's when this disease first arose?"

I don't see how Buck-if this is his initial claim.

DMII was not an AO presumptive until around 2000-2001and Parkinsons became presumptive under the 2010 Nehmer Court order.

I do not see this as a Nehmer claim.

But if he has diagnosis of DMII and Parkinsons and was incountry Vietnam during the war- this should not be a difficult claim for the VARO. Still it will take time.

".he maybe in Rehab at present IDK? But not Voc-Rehab  I don't think?"

What does IDK mean?

 

 

[Berta]

32 minutes ago, Buck52 said:

  I think they have a VSO but the VSO keeps them in limbo and slow about things they need help with

The VA will send them letters as to everything the VA needs to have.At some point they will get the VCAA  5103 form.

If they have sent VA everything they asked for , I suggest that any claimant signing the 5103 waiver- add to the waiver a list of every piece of evidence they have already sent, make a copy of it, to keep, and make sure., if mailed back, that  they have proof of mailing it.

Maybe you mean:

"Internal derangement of the knee (IDK), for the purposes of VAC , is a chronic disorder of the knee due to a torn, ruptured or deranged meniscus of the knee, or a partial or complete cruciate rupture, with or without injury to the capsular ligament of the knee, resulting in ongoing or intermittent signs and symptoms ...Nov 28, 2017

Internal Derangement Knee - Entitlement Eligibility Guidelines - How ...

www.veterans.gc.ca/eng/services/after-injury/disability-benefits/benefits.../internald"

 

 

 

Edited August 2, 2018 by Berta

[Buck52]

Thanks Ms berta

I am not sure why he waited to file so late ?  maybe he didn't know? anyway What about if he has Medical records to prove the onset of the debates?

if he was diagnose debetes by the VA back in the 70's is it there duty to assist with a claim or does he have to file the claim for the duty to assist?

I think they filed in May and waiting on the decision...

hopefully she will log on to hadit  because I do think he can get SMC's I think she his daughter maybe his caregiver not sure? but he is in pretty bad shape as I understand..

[Berta]

The retro EED date for most claims is the date they filed the claim.

There are a few exceptions- if the claim was filed within one year of discharge and awarded- the EED is one day after discharge.

Also an award for SSDI can trigger a better EED ( and additional year )for a TDIU or 100% claim in very limited circumstances- I already explained that here somewhere---

I think you believe Nehmer 2010 applies.....but there is significant info here on FootNote One Nehmer 2010  that gave many AO vets a VERY favorable EED.

However that depended on a past NSC rating for either IHD,Parkinson's, or Hairy Cell B Leukemia.

Footnote one was a shock to me and I immediately contacted NVLSP because I needed to present it here properly. I posted Rick Spatara's email responses here when Nehmer 2010 Footnote One came out-it was one of the most exciting things the VA has ever done-(Rick is the head AO Nehmer  NVLSP attorney.)

I have no idea yet if Blue Waters will fall under Nehmer  in some way--that bill is in the senate and JR will be the radio show gust tonight- with any updates....

 

I cannot determine whether this is a Nehmer claim ( for the Parkinson's) and I dont think it is - because it seems to be the only claim the veteran has ever filed.........we really have little info at this point to even opine on the claim.

 

 

Edited August 2, 2018 by Berta

[Buck52]

yeah I know we need more information  I hope she joins us here on hadit.

A VA Dr mention to him he should be 100% but I let his daughter know it was not the Dr's woh made the decision but we do need there help  he also Has Diagnose for IHD or heart condition  he has CFH at times..again this all could be claim under the Nehemer rule special circumstance I don't know what Regs to follow or let his daughter know  how or what to claim..he may even have a CUE

SHE HAD TO CHARGE UP HER LAP-TOP I WAS VISITING WITH HER THIS MORNING AND WE GOT TO TALKING ABOUT HER DADS CLAIMS..

I THINK HE WORKED ALL HIS LIFE AND IS RETIRED AND AS RETIREMENT FUND?

  THAT SHOULD NOT MAKE ANY DIFFERENCE WITH HIS CLAIM   RIGHT? OTHER THAN IF HE WAS HOMELESS BUT HE DOES GET SSD or Maybe SS Retirement now  not sure when he go the SSD?

He is US Army Vet Vietnam service in the mid 60's not sure where in Vietnam ,But A.O. covers all boots on the ground  right?

Would it be possible he use the Nehemer Presumption back to 2010? if he can't get EED back to the 70s ?

I had thought the EED WAS WHEN THE DISABILITY FIRST AROSE OR WHEN FIRST FILED A CLAIM FOR IT EITHER ONE OR THE LATTER?...HIS DAUGHTER SAID HE HAS HAD THE Diabetes AS FOR BACK AS THE 70's

 

SORRY FOR THE CAPS MY CAP BUTTON STUCK  I NEED A NEW LAP-TOP FOR CHRISTMAS.  EH!!!

She should get on Hadit  maybe later after her lap-top charges up.

broncovet  any I deals?

Edited August 2, 2018 by Buck52

[Berta]

He should claim the IHD. He does seem to fall under the Nehmer AO presumptives, but not under Footnote One-

I need to change something - this was only one of the most exciting things (in my opinion)VA ever did for Vietnam vets- BECAUSE OF NVLSP!!!!!

 

21 minutes ago, Berta said:

-it was one of the most exciting things the VA has ever done-(Rick is the head AO Nehmer  NVLSP attorney.)

Footnote One is explained here:   ( an older post I made)

"Rick Spataro, Head Nehmer lawyer of NVLSP, explained Footnote One to me this way in email as soon as the Regulations were being prepared for the 3 new AO presumptives in 2010:

 

“As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim.

Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “

As I mentioned here before I was a Footnote One Nehmer claimant.

VA "SHOULD have" coded my husband's IHD but didn't because they malpracticed on it.

The medical evidence I produced gave the claim a favorable EED of 1988, for AO IHD.

The best way to claim this is to state that he is an incountry Vietam veteran, serving from (date to date) in Vietnam ( his DD 214 ad decorations etc , will reflect his incountry service and VA will need a copy of it as well.

Then state the documented disabiities he is claiming ,which are presumptive to AO in all incountry Vietnam vets.

(that would be his DMII, IHD, and Parkinson's.) Then if he has more disabilities, he will need a service nexus for them.)

When I said I didnt see that as a Nehmer claim I meant as to the retro, (which you thought  would go back to when he was in Vietnam) because it does not seem to fall under Footnote one-

I will help when the daughter comes here.

I thought you said the claim was already filed in May. ????