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]

Ms berta mention

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

I would but I don't have the time  I have three other Veteran I am trying to help via emails ...and its hard if I get to many Veteran going...this is why I ask her to log onto Hadit and work her Dad claim her self with Hadit members help.

I could help her later but I think they need help now.

 

[Berta]

You still seem concerned about the EED.

Why not just email her this thread. It contains a lot of AO info - I have dealt with the AO situation since around 1991- and also have had many contacts with NVLSP, as an advocate since around 1991...such as the email I again posted in this thread from Rick Spataro, the head AO NVLSP attorney. NVLSP taught me all I know about AO. I am giving the same advice that I gave in 2010 and im the years after that when we got so many AO IHD claims here.

Nehmer 2010 still stands as established case law.

The EED will be the date of the claim.......

unless his C file reveals a NSC disability, with a rating, that is one of the three disabilities that fall under Nehmer 2010-that  court order only involves Parkinsons , Hairy Cell B , and Ischemic heart disease.

Or he had a disability (one of the three) VA was aware of in a past decision, that "should have been coded" in a past decision.But wasn't.

I was one of the very few claimants whose husband had a disability that "should "have been coded ,in a past VA decision. (Footnote One Nehmer - explained here ad finitum since 2010) Actually I might be the only one.

That is why the Nehmer VARO had to adjudicate my 2 CUE claims, before they rendered the IHD award.

VA "should have coded" my husband's malpracticed IHD. In the 1998 award they admitted to all the malpractice, the IHD being the prime malpracticed disability, and as VA stated in the award, it was one of the disabilities that caused my husband's death. It never appeared on the rating sheet ( but "should have"and therefore Nehmer awarded that CUE and the SMC CUE and then awarded for IHD back to 1988 , not 1998  (because that is when  the IHD malpractice began-1998.)

If this vet falls into that criteria, by virtue of a past NSC for one of the above 3 disabilities, "coded" or "should have been coded" by medical evidence in VA's possession, then the vet or his daughter , should contact NVLSP ( contact info in this thread) when the decision comes-and NVLSP will review the decision and the past claim (denied as NSC) to make sure he gets the proper EED.

I had to do that and it all was done by snail mail-just the decision at first - and then email and  phone with NVLSP. 

If this vet already has a C file #, he will have a C file with every past claims decision in it. If he file claims in the past.

I have spent enough time on this thread-but maybe the info will help someone else.

.

 

 

 

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Edited August 4, 2018 by Berta

[Buck52]

I don't have her email /or anyway to contact her Ms berta   

I just think theres some records in his C-FILE THAT WILL PROVE HIS BETTER eed..I do think he filed for this back in the 70's and was denied  although he don't remember  so maybe he as another condition they failed to diagnose...they need to look into his C-FILE

I did let her know they can Appeal this new decision if they disagree. but please request your Dad C-FILE  AND LOOK INTO IT SEE WHAT RECORDS ARE IN IT.

I can't contact her and Apparently she don't wont to be contacted ?..I talk to her on FB the small message box Thursday &Friday for couple minutes., but she has not been on FB Either..so I can't help her.

Ms berta I;m sure your information on this AO. Nehmer Rule/ and the information from the NVLSP Attorney's will not be a waist of time  I'm sure there's other Veteran that read your Information  even the hadit  (Guest)

It just aggravates me to ask someone that ask for help to come to hadit  and they feel its only confusing to  them.and won't create an account.

.I mention to this Veterans daughter she won't get any better help  from anyone unless they pay thousands of $$ to Hire an experience Attorney.....and then I had to go into the 20% if her Dad wins    ect,,ect,

And I mention ,that the members here on Hadit gives out vaulable information and its all free advise 

I did say the 20% is not bad  if your Dad wins like a 100.000 $ but it is what it is.

 

 

 

 

Edited August 4, 2018 by Buck52

[Berta]

On 8/4/2018 at 9:21 AM, Buck52 said:

s 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.

I thought he was filing for Parkinsons..and maybe IHD as well.

Buck said :"It just aggravates me to ask someone that ask for help to come to hadit  and they feel its only confusing to  them.and won't create an account."

That has happened to me a lot Buck- I live in a farm community but am 20-25 minutes away from a VAMC.

I have given out many of our hadit cards, at the VAMC as well as locally.The problem is some local vets and their survivors want to talk about their issues by phone and by email. That can burn anyone out very fast-and why Carlie stopped doing it.

Anyone I give a hadit card to is close to  this VAMC's VSO, or the NYSDVA office right  next to the VAMC Chapel and there is a County  Veterans Service Agency here too....about 3 miles away from the VAMC.If they say they dont use a PC well, and ask for my email or phone number -I put the phone numbers on the back of the card for NYS DVA and for the main operator at our local  VAMC -she can switch them to the VSO.

What gets me is that some local vets  say they also tried to contact me via Facebook about their claims. I have no interest in Facebook-and never joined FB. If they can use Facebook they can figure out how to use our site.

I learned that many people (vets , their survivors, and plenty of civilians with no VA related issues) want to talk about their problems , but have no intention of ever doing anything at all about their problems.

 

 

 

 

 

 

 

Edited August 6, 2018 by Berta

[Buck52]

Roger that Ms berta!!!

 

[Buck52]

Well his daughter got back to me

Here is what I know so for.

He is 100% for Diabetes and Parkinson as of May of this Year..I take it they filed a claim sometime inf 2018 and he has been awarded the 100% for these two diseases  so they did S.C. them from his Vietnam service in May of this Year

...however GET THIS...

The VA Put him in VA Rehab and while he was there his foot /Heel got infected and he mention it to his rehab counselor and nothing was done  no medical care or was he advised to go get his foot check and it kept on getting worse & worse and he finally went to ER and they put him in the Hospital and he is now waited for them to Amputate  his foot. it was so bad nothing could be done. (diabetes)

I don't know if they have amputated it  yet or not ? but I will go see him tomorrow while I have an MH Appointment at the Dallas VAMC where he is at.

Could he possibly NOD this May decision for EED  to when his diebets first Arose or when he was first diagnosed for it?  he has Parkinson now diagnose by VA...I AM NOT SURE WHY HE WAITED SO LONG TO FILE A CLAIM?