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?

[Buck52]

Yeah

I don't know what happen?  her Dad might had a medical emergency? And she owns her own business also and taking care of her Dad and doing her  business is pretty hard on her I would think

..not sure about all this  other than what she mention to me..  I think they used a DAV VSO not sure who filed the claim but she said  they didn't let her know much or keep them informed  and that the claim was filed in May & Just waiting on the decision t he should be 100% P&T  she said later on after the claim was filed he was diagnose for Parkinson, and Heart Condition.

I message her this Morning ask if she  was having problems logging into Hadit  if so I 'd check with Tbird and see that Tbird can help her with it....IDK?? She never has answered back.

I Did mention to her you were willing to help her and that you had years experience with these type claims  and would help all we could to get her Dad what he deserves..we just need more information when you log on to Hadit.

I did say we could look into the possibility of getting her Dad Retro but we need more information , one of the reason I ask her to join us here on Hadit.

I guess he can Appeal this if he chooses to  so I guess if she gets on Hadit we'll see ? And ask about the decison

I do think he could get a better EED just not sure how far back.

him with Parkinson it is probably hard for him to use a computer? IDK?

Her Dad is not Homeless he own his Own Home Retired had worked for over 30 years at General Motors  so he probably has a 401k Retirement.  Not sure?

Were Family but don't really keep up with each other I have never met his Daughter. I kinda grew up with her Dad  I stayed with them when I was about 12/13 in California and he was 17/18 and he join the Army  he did his time in the military moved to Texas and married and been in Texas ever since.

Edited August 3, 2018 by Buck52

[Berta]

I guess I am not making my point- based on VA case law-

This BVA decision says the same thing.

In part:

"As noted above, the medical records show evidence of a diagnosis of Parkinson's disease was not received until May 2002, 30 years after his discharge in 1972, and his formal claim for service connection for Parkinson's disease was not received until July 15, 2010, almost 40 years after his discharge in 1972. As such, the Veteran would not be entitled to an earlier effective date for the grant of service connection for his incomplete loss of facial muscles as a Nehmer class member. 38 C.F.R. § 3.816(c)(2)(i)."

" As the record contains no indication that the Veteran filed a claim for compensation for Parkinson's disease or facial muscle impairment, prior to May 14, 2002, even taking into account the Nehmer holding, the Board finds that the Veteran's claim for an earlier effective date must be denied.  "***

 

https://www.va.gov/vetapp16/files3/1618677.txt

As I understand this all- if the vet you are asking about  had never been denied in the past by VA, for what is now one of more of the 2010 Nehmer presumptives, and VA awards his claim, the EED will be the date of the claim.   

 

*** - my note- The BVA vet did not fall into Footnote one in this specific VA decision.

You can contact NVLSP with any further questions:

National Veterans Legal Services Program
agentorange@nvlsp.org 
Toll-Free: 1-855-333-0677

___________ If Blue Water vets suceed in the senate and POTUS signs the pending  bill- we all might want to get up to speed on Nehmer. If in fact they will become part of the Nehmer Class Action.

 

Edited August 3, 2018 by Berta
added more

[Buck52]

Yeah I agree Ms berta but we need more information...I am not sure if this is his first claim or not? she needs to ask he Dad  and I am not sure how his memory is these days?

His  C-FILE would help more than anything.

  if she don't get on Hadit..I don't know what else to do?

  I don't have their address phone # or emails..I message her on FB but she is not responding to my message this Morning?

...Unless she had a medical emergency of some kind  I don't know what else I can do to help them.

Maybe she will get on Hadit some times? I'll continue to try to contact her  if no respose Ill just wait see if she contacts me  I gave her my email 

I did let her know all our help here at Hadit is Free  there won't be any 20% fee or and $$ what so ever for our help here on Hadit..so she knows this is all free Information.

 

I really thought she was going to log into Hadit  but maybe something came up...I'll wait and see?

Thanks for all your Information on this and the Nehmer Rule For A.O. 

[Buck52]

I heard back from his daughter  she mention she came to Hadit but it was all to confusing to her? I ask her what her screen name was(she never said)  &...I have not heard back from her.

 she ask if Berta could just email her  it would be eazier..I mention to her that berta don't email Veterans about there claims she works from the hadit site......so I don't know if were going to be able to help her and her dad or not?

Just have to wait and see if she comes to Hadit Or go with the person that helped them file his claim?

[Berta]

He is an in country Vietnam vet and has at least one AO presumptive....as I understand this---

The claim should be EASY  for any vet rep to do-she doesn't even need a vet rep if the claims form was filled out properly. 

You are right-I dont do emails r phone calls about VA claims. 

Maybe someone else here would be willing to contact her  via email but I dont see what her problem would even be at this point..

She could email you with any problems and you could post her email questions  here and then email the replies back to her.

 

 

 

 

 

 

Edited August 4, 2018 by Berta

[Buck52]

Yes I understand Msberta and I don't blame you one bit.

As for as filing the claim for A.O Presumption for diabetes  they already had  VSO DAV to do that and he told them it looks like he should get a 100%P&T Rating  From what the VA Dr mention in his medial records.

  So right now their waiting on a decision that was filed in May of this year for the diabetes.*she just said the VSO was not very informative when she ask questions  ect,,,ect,,,

Her Dad probably has other conditions that would be secondary to The A.O. Presumption list. and he might have filed back in the 70'sand was denied and just forgot about it or can't remember if he did or not? IDK

I Ask her to get  the VSO Helping them to request his C-file or her too   because they really need to look into it.

She wants to do all this via emails and I told her I don't don't know enough about he Regulations to help with EED...I ask her please sign into Hadit..she says she dug around in Hadit for a while and it all was to confusing to her and ask that you just email her its a lot easier.

so I guess if she can't come to hadit or try to navigate in hadit or ask for help once she gets to hadit  how to use the hadit web site,ect,,,ect,,,  I can't help them either  so I referred her back to the VSO they used.

some times we just can't help people for whatever reasons.

Edited August 4, 2018 by Buck52