BVA DECISION MADE

[Oliver]

My Attorney was successful in getting a BVA grant. It had been remanded back from the Veteran's Court. A CUE reversal. I'm over the moon, but don't know what to expect next. I also had a successful C&P exam for Hypothyroidism. (The newly added disease to the list of Presumptive conditions related to AO.) The Schedule of Ratings calls for a minimum of 30% there. I had asked the BVA for 100% from my present 60% for the tongue cancer, because anything less will not get me needed crucial dental work. I am hoping the combined rating will get me there. Do I now just wait for a RO rating decision? Anybody know how long the wait is? When I was Service Connected for PTSD, it seems it was pretty quick. My VSO says the VA has still not decided what the effective date will be for Hypothyroidism, but I have a claim going back to 2014.

Edited April 3, 2021 by Oliver
grammer correction

[Oliver]

So it looks like I don't need to remind them, or point anything out, they have everything and will make a decision. Right? Any idea when?

Edited April 4, 2021 by Oliver

[Berta]

When I filed my AO IHD death claim, I was one of the few ( maybe I am the sole claimant)

 

who filed under the "should have been coded" provision of Nehmer.

Malpractice award had already been granted for my dead husband's IHD (FTCA/1151).

 

The VA "should "have rated and coded the IHD back to 1988.

 

My accrued AO award for the IHD goes back to a 1998 decision and the established medical evidence of the malpractice on the IHD went back to 1988.

 

That is how Footnote One works

 

I found a hypothyroidism claim at the BVA, under Nehmer:

 

https://www.va.gov/vetapp20/files12/a20017899.txt

 

I am sure there are more there-this vet re -opened a hypothyroidism claim as well as a hair cell B claim, and is on remand, due to the Nehmer Court Order and stipulation.

 

Will he succeed on Remand???? You bet!

 

If a disability in a past rating decision has been consider NSC, and rated and then subsequently becomes a AO presumptive,and the vet fils a new claim or a re opened claim, then Footnote One Nehmer will kick in for the proper and favorable EED.( if the VA can read)

 

I will find and post the email addy for NVLSP ,regarding their special review of Nehmer EEDS, once they get a copy of the award letter. They are Pro Bono veteran lawyers- no charge for the review.

 

 

I will be super busy this coming week, but maybe someone here will find Footnote One info here and also the email I received from Rick Spataro explaining it . He is a NVLSP AO lawyer, but now works on the VBM they publish.

 

If you are using a satellite dish to get the internet ,I think that might have caused your double posts above.

 

I have been having the same problems-and  I think google was down yesterday too-I had many problems here .

 

 

 

 

 

 

Edited April 4, 2021 by Berta
added more.

[Oliver]

Berta, I don't understand a lot of what you've said. But if you can help me understand my case, and how it relates to Nehmer I would appreciate it. Happy Easter

[Berta]

Happy Easter to you too and to everyone here-

We have 3.216 posts here on Nehmer:

https://community.hadit.com/search/?q=Nehmer&quick=1

In our Agent Orange forum and we have Nehmer veterans here as well, who can help you-

I have had a busy day and will be having a very busy week and might not be here at all this next week-

I am sure our Vietnam vets here ( who were awarded under Nehmer for their SC AO disabilities will be happy to help you.

You said:

"My Attorney was successful in getting a BVA grant. It had been remanded back from the Veteran's Court. A CUE reversal. I'm over the moon, but don't know what to expect next. I also had a successful C&P exam for Hypothyroidism. (The newly added disease to the list of Presumptive conditions related to AO.)"

 Or you can call your attorney to explain Nehmer, or maybe the VSO you mentioned.

 "My VSO says the VA has still not decided what the effective date will be for Hypothyroidism, but I have a claim going back to 2014."

Also I cannot opine on a rating at this point.

Do you receive SSDI, and if so, is it solely for the SC issues?

Others will explain  exactly why I asked that and I hope others here can explain Nehmer to you.

There are Nehmer AO vets here.Also ,I believe , at least one hyperthyroid vet member and another member  with AO tongue cancer.

 

 

 

Edited April 4, 2021 by Berta
added more

[Berta]

I used the search feature to the right of the pages here and if you put hyperthyroid into the search many posts will pop up as well as if you search for AO Tongue cancer.

Our AO Nehmer vets probably still have their award letters and those award letters,or prior letters sent to them by a VARO,  should explain Nehmer.

[Oliver]

My supplemental claim for Hypothyroidism was service connected. But at 0% rating. I need somebody to tell me what the schedule of rating is for Hypothyroidism. It looks to me like it should be 30% for six months, then residual evaluation after that. This is what it says...

Hypothyroidism without myxedema30

Note (2): This evaluation shall continue for six months after initial diagnosis. Thereafter, rate residuals of disease or medical treatment under the most appropriate diagnostic code(s) under the appropriate body system (e.g., eye, digestive, mental disorders).

the appropriate body system (e.g., eye, digestive, mental disorders).