Laura

United States

#605 Sep 30, 2010
Charles and Donna wrote:
My husbands claim goes back to March 1986. I guess he will be one of the first to receive his. So good luck to all of you.
Donna - Congratulations on this windfall! Our vets earned this money many times over and these payments are LONG overdue to them.
Please let us know when he gets his payment!
meaty

Little Rock, AR

#606 Sep 30, 2010
Laura wrote:
<quoted text>
Hi, Meaty!
You better be giving your wife a big kiss (and maybe some jewelry) for handling all this VA crap once you get your check! Just sayin...
With your original claim date being 01/2008, that's when your back pay will start from. They have no way to pay you for anything prior to when VA was notified of the claim. Also, you do not need to worry about establishing whether you were exposed to AO - VA is conceding that if you were there, you were exposed.
The ratings book used by the VA (38 CFR Book C, if you're interested) says:
7011 Ventricular arrhythmias (sustained):
For indefinite period from date of hospital admission for initial evaluation and medical therapy for a sustained ventricular arrhythmia, or; for indefinite period from date of hospital admission for ventricular aneurysmectomy, or; with an automatic implantable Cardioverter-Defibrillator (AICD) in place 100%
I don't work for VA, but from what you have said, that last phrase appears to apply to you. So, my best guess is 100%. Best Wishes!
Laura, I feel certain that when you do get to heaven, your crown will be so full of stars you won't be able to hold it up. You just made my day! Meaty
namvet

Hot Springs National Park, AR

#607 Sep 30, 2010
In July 2008 my DR. out side of VA told me I had a sever case of bradycardia and fixed me up with a pacemaker. In Oct of 2009 I filed for IHD through DAV. I had a C&P in Feb 2010 but have not heard anything.Can someone tell me if my condition will be looked at as IHD.
Laura

United States

#608 Sep 30, 2010
namvet wrote:
In July 2008 my DR. out side of VA told me I had a sever case of bradycardia and fixed me up with a pacemaker. In Oct of 2009 I filed for IHD through DAV. I had a C&P in Feb 2010 but have not heard anything.Can someone tell me if my condition will be looked at as IHD.
namvet,
Ischemic Heart Disease (IHD) is a specific type of heart disease and deals with insufficient blood flow to the heart caused by narrowing of arteries due to plaque build-up.

The question at hand is whether your heart disease is ischemic in nature. That question is best answered by your cardiologist. Sorry I can't do better for you!
Laura

United States

#609 Oct 1, 2010
For all you who are still antsy about whether VA will actually be paying money for these 3 new presumptives, here is a re-print of a short article from the NAUS (National Association for Uniformed Services) Newsletter dated 10/01/2010:

Agent Orange Update

Since the Senate hearing on September 23, there has been no action to stop or restrict payments for the three newly designated service-connected conditions related to Agent Orange Exposure. There has been some talk about Congress re-examining the process that the VA Secretary was given in the original Agent Orange bill in 1992, but that will have to wait until Congress returns or a new Congress is seated.


The VA reports to NAUS that it has processed and approved numerous disability cases related to the three conditions and is only waiting for October 31, as required by law, to begin payments.

IT'S COMING, FOLKS!
debsew

Russellville, AR

#610 Oct 1, 2010
My husband got a letter from VA on August 25th 2010
It said his case qualifies for special review based on a prior VA benefits claim for a disability that may be relate to IHD. It said Your case was identified as a potential Nehmer class-member based on the addition of IHD. Based on the claim we received on December 31, 1990 Did anyone recevied a letter like this? just wondering
Laura

United States

#611 Oct 1, 2010
debsew wrote:
My husband got a letter from VA on August 25th 2010
It said his case qualifies for special review based on a prior VA benefits claim for a disability that may be relate to IHD. It said Your case was identified as a potential Nehmer class-member based on the addition of IHD. Based on the claim we received on December 31, 1990 Did anyone recevied a letter like this? just wondering
debsew - Wow that's GREAT news for you! Congratulations!

To answer your question, some have received these letters, and some haven't received them. It seems to vary, depending on which regional office is handling your paperwork.
viking1948

United States

#612 Oct 1, 2010
Laura bet you can't wait until this is all over with...check's are coming and I hope you will take some time out for yourself when that happens. I do have a question in reference to our rating's. You said that as far as you know the VA had not sent out letters giving the vets there rating. Do you think we will get these letter shortly or will they still sit on them and send them out after the 60 days. Maybe with our 1st check. I filed for IHD in oct 2009 and know my file was sent up to the rating board mid June. Just curious. Thanks
Laura

United States

#613 Oct 1, 2010
viking1948 wrote:
Laura bet you can't wait until this is all over with...check's are coming and I hope you will take some time out for yourself when that happens. I do have a question in reference to our rating's. You said that as far as you know the VA had not sent out letters giving the vets there rating. Do you think we will get these letter shortly or will they still sit on them and send them out after the 60 days. Maybe with our 1st check. I filed for IHD in oct 2009 and know my file was sent up to the rating board mid June. Just curious. Thanks
Hi, Viking!
Actually, my 50th birthday is coming in January, and my husband is looking forward to taking a bit of his AO $$ to celebrate. So, while I'm not necessarily looking forward to turning "50", I am looking forward to having the cash to go have some fun!!

To answer your question - I do not believe you will receive an award letter this month, because Sen. Webb's amendment says the VA is not permitted to spend or obligate any of the monry until the 60 day review period is expired.

In my head, award letter = obligation.

That's the bad news - The good news is if you have direct deposit set up, there is a good chance you will receive your payment before you get your award letter!

We're all short-timers now!
Lester

United States

#614 Oct 1, 2010
Laura, Have you heard from anyone that received the letter of possible Nehmer class member from the Baltimore regional office. I filed a claim in November 2009 and used our old file number that I was given when they denied my claim in 1997. Can't seem to find out if I am on the Nehmer list or not. Thanks
Laura

United States

#615 Oct 1, 2010
Lester wrote:
Laura, Have you heard from anyone that received the letter of possible Nehmer class member from the Baltimore regional office. I filed a claim in November 2009 and used our old file number that I was given when they denied my claim in 1997. Can't seem to find out if I am on the Nehmer list or not. Thanks
Hi, Lester!
No, I haven't heard from any Baltimore folks. You did the right thing using your old file number, and you should be OK if it was a Coronary Artery Disease claim or IHD claim - especially since VA is required to research all their old cases to locate those that were previously denied.

Have you given your info to NVLSP? They are a pro-bono group of attorneys who were directly involved in the Nehmer case and they are compiling a list of everyone they can find who should be a Nehmer case. They want to make sure VA finds everyone. THERE IS NO CHARGE FOR THIS SERVICE. Their site is www.nvlsp.org .

Good luck!
Laura

United States

#616 Oct 1, 2010
Lester wrote:
Laura, Have you heard from anyone that received the letter of possible Nehmer class member from the Baltimore regional office. I filed a claim in November 2009 and used our old file number that I was given when they denied my claim in 1997. Can't seem to find out if I am on the Nehmer list or not. Thanks
Lester,

Just one more thing you need to know...

Everyone who filed a claim prior to 08/31/10 (date of publication of final rule) is part of the Nehmer class. So, that's why I didn't tell you to just call the 800# and ask them.

If you do contact VA via 800# or their IRIS email system, the answer you want is your effective date - NOT whether you are a Nehmer claim. OK? Best wishes!
jjm2611

Bremerton, WA

#617 Oct 1, 2010
I don't know if my case qualifies under Nehmer or not. I originally filed for Heart Disease in September 2006. I did not specify Ischemic Heart Disease or Coronary Artery Disease. I have been diagnosed with Coronary Artery Disease since 2001. But I also have a form of Valve Heart Disease (Aortic Valve Incompetence). So the wording of my claim might be interpreted incorrectly. But my denial letter does verify my condition of coronary artery disease. Maybe somebody has a thought on this.
Charles and Donna

Birmingham, AL

#618 Oct 1, 2010
Has anyone received a letter telling them to check on Champ VA. My husband got one today . I know you have to be 100% Permanent & Total.
Kathy and Chuck

Turner, OR

#619 Oct 2, 2010
Looking thru all the post I am very confused. We have a claim and it wasn't denied but was deferred. Filed before 08/31/10 and now we got the papers for the Nehmer act.
I see that there was something about 30 to 50% 60% but then I seen something about an AICD in place 100%. My question is my husband has IHD and has in place an AICD what is his chances of getting 100%?
He is 25 to 30% on one paper and 30% on another.
Laura

United States

#620 Oct 2, 2010
jjm2611 wrote:
I don't know if my case qualifies under Nehmer or not. I originally filed for Heart Disease in September 2006. I did not specify Ischemic Heart Disease or Coronary Artery Disease. I have been diagnosed with Coronary Artery Disease since 2001. But I also have a form of Valve Heart Disease (Aortic Valve Incompetence). So the wording of my claim might be interpreted incorrectly. But my denial letter does verify my condition of coronary artery disease. Maybe somebody has a thought on this.
Jim,
If you have a VA denial for coronary artery disease, you should be in good shape with a Nehmer claim. Hang onto that denial letter, though - Good Luck!
Laura

United States

#621 Oct 2, 2010
Kathy and Chuck wrote:
Looking thru all the post I am very confused. We have a claim and it wasn't denied but was deferred. Filed before 08/31/10 and now we got the papers for the Nehmer act.
I see that there was something about 30 to 50% 60% but then I seen something about an AICD in place 100%. My question is my husband has IHD and has in place an AICD what is his chances of getting 100%?
He is 25 to 30% on one paper and 30% on another.
Kathy,
Welcome! If you filed after 10/2009 (when the new presumptives were announced), you would not have received a denial.(Those with a denial would be those who filed prior to 10/2009.) After 10/2009, they just deferred everything pending the new rule being implemented. As long as you filed before 08/31/10, you are covered by Nehmer.

According to the ratings book, AICD in place = 100%.
I don't know what the percentages you listed represent. Are they his ejection fraction readings, or your estimate of his rating percentage?

One question - what "Nehmer Papers" did you receive? Did VA send you something about Nehmer? Best Wishes!

Kathy and Chuck

Turner, OR

#622 Oct 2, 2010
It was the Left Ventricular ejection Fraction and yes the VA was the one that sent the paperwork. Said it was conducting a special review in accordance with Nehmer v US Dept. of Veterans. Thanks for the response on the ratings. We had filed in December of 2009 so that explains the deferral. This helps me a lot.
Laura

United States

#623 Oct 2, 2010
Kathy and Chuck wrote:
It was the Left Ventricular ejection Fraction and yes the VA was the one that sent the paperwork. Said it was conducting a special review in accordance with Nehmer v US Dept. of Veterans. Thanks for the response on the ratings. We had filed in December of 2009 so that explains the deferral. This helps me a lot.
Kathy,
An ejection fraction of 30% or less = 100%, even without the AICD.
Good Luck!
Kathy and Chuck

Turner, OR

#624 Oct 2, 2010
Thanks, it was 25 to 30%. That helps me alot.

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