IHD retro pay ? in Agent Orange, Heart Disease, Prostate and Parkinson's Forum

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IHD retro pay ?

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LilBill2180	IHD retro pay ?		Lead	[-]
Posts: 106 Nov 7 09 1:27 PM	Since this question is being discussed in some other topic threads I thought it might be easier to track IHD retro pay specific info if it had it's own thread. For my own part I'll reiterate my experience so far which was put forth in my VRO Snafu thread. My first VA filing for heart disease related disability was in 2005. I tried claiming for MI secondary to PTSD. It was denied with VA stating that there was no clinical evidence linking PTSD and heart disease. I was however granted compensation for PTSD SC. Upon hearing of the new IHD/AO presumptive ruling I filed a new claim on 10/22/09 seeking compensation for IHD/AO. On 10/29/09 I recieved the VA package requesting any further information that I might wish to present before they proceeded with my claim. However , as I pointed out in my "Snafu" thread, VA had reopened my old '05 claim for MI/PTSD instead of opening a new claim for IHD/AO. On 11/02/09 I went to the VRO office and met with a case worker who created a letter clarifying my claim and included it into my claim file. Now my question is about the possibility of retro-action of my EED to my original '05 claim since that claim was for MI/PTSD instead of IHD/AO. Both claims are for SC heart disease with only the nexus changed. Would anyone care to speculate or offer their own experiences ?
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cruiser		#1	[url]	[-]
Posts: 17447 Nov 7 09 2:06 PM	There is no way for anyone to say now whether you will get the earlier date. That hasn't been decided yet. It will depend on whether VA is required to process these claims under the Nehmer guidelines. If so you will probably get an award retroactive to that earlier claim. If the Nehmer ruling isn't applicable, then it will be the date that the new regulation is effective. VA's legal folks in Washington will instruct the Regional Offices about how to handle the effective dates as soon as the new revised regulation is effective. Cruiser
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LilBill2180		#2	[url]	[-]
Posts: 106 Nov 7 09 3:02 PM	Pretty much what I figured. That determination could feasibly take years to hash out and could even be kicked between congress and the supreme court a few times since NEHMER is involved. You can bet plenty of lawyers are going to climb all over this fat cow. Well, if anybody hears anything about the back pay issue, please post something here so we can stay current.
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Ruiz		#3	[url]	[-]
Posts: 1462 Nov 8 09 12:02 PM	with cruiser
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retiredatlast		#4	[url]	[-]
Posts: 248 Nov 8 09 2:38 PM	Just out of curiosity does anyone know what would happen to retro pay, if the IHD claims are held up by court proceedings? Many of us are getting on in age and poor health and may have passed on before all of this is settled. Would surviving spouses be entitled to the retro?
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lvacjoub		#5	[url]	[-]
Posts: 1414 Nov 9 09 9:27 AM	Retired, in claims that are affected by Nehmer, retroactive payments are due to the survivors or estates - see 38 CFR 3.816 (f). Ivac
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mazboy	Retro Compensation for denie heart diease cases and Agent Orange	#6	[url]	[-]
Posts: 740 Apr 23 10 6:43 AM	it looks like the VA is going in the direction of reopening past denied cases of heart diease and agent orange. here is the up shot of the proposal. if you filed and were denied your claim (there was no eligibilty reason to file but you still filed) you may be able to end up with lots of retro compensation....if the VA approves the current proposal. Now get this....if you filed, and of course denied because there was no eligibilty factor to file, you may get years of retro compensation! ok, fine for those vets. But, if you have had heart diease for years BUT, never filed because there was no reason to YOU WILL NOT BE ELIGIBLE FOR ANY of this retro COMPENSATION. of course you can file now and get compensation from the current date of your filing...only a few months of retro...not YEARS go figure....those who followed the rules are not going to be part of the retro but those who just filed for no legitiatmate reason will get money. only in america.
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zzRay		#7	[url]	[-]
Posts: 653 Apr 23 10 7:50 AM	OK, here's the deal......if and when all you Nehmer cases get this boatload of retro pay due to your filing early, I hope you keep it to yourself. I'll be lucky to get six months. If that sounds like sour grapes, well, it is.
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Stillhere	court case?	#8	[url]	[-]
Posts: 6639 Apr 23 10 8:06 AM	zzRay wrote: OK, here's the deal......if and when all you Nehmer cases get this boatload of retro pay due to your filing early, I hope you keep it to yourself. I'll be lucky to get six months. If that sounds like sour grapes, well, it is. Don't know if it will be any good but I smell a court case coming from someone who is not being comped after years of IHD.
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tomswife		#9	[url]	[-]
Posts: 245 Apr 23 10 8:13 AM	mazboy - It seems to me that all 90,000 veterans who previously filed for compensation for heart disease did not file "for no legitimate reason". They may have claimed it as secondary to another service-connected disability and it was denied, or they may have been suffering from heart disease - although they had no family history of heart disease and no apparent risk factors. It seems unfair to these veterans for you to paint them all with such a broad brush.
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zzRay		#10	[url]	[-]
Posts: 653 Apr 23 10 9:26 AM	tomswife wrote: mazboy - It seems to me that all 90,000 veterans who previously filed for compensation for heart disease did not file "for no legitimate reason". They may have claimed it as secondary to another service-connected disability and it was denied, or they may have been suffering from heart disease - although they had no family history of heart disease and no apparent risk factors. It seems unfair to these veterans for you to paint them all with such a broad brush. I don't suppose you would be a part of those 90,000, would you?
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zzRay		#11	[url]	[-]
Posts: 653 Apr 23 10 9:28 AM	Stillhere wrote: zzRay wrote: OK, here's the deal......if and when all you Nehmer cases get this boatload of retro pay due to your filing early, I hope you keep it to yourself. I'll be lucky to get six months. If that sounds like sour grapes, well, it is. Don't know if it will be any good but I smell a court case coming from someone who is not being comped after years of IHD. You ain't nottin but right my man!
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SteamJockey		#12	[url]	[-]
Posts: 7748 Apr 23 10 9:40 AM	I can't imagine a legal issue here. It isn't like the VA claim system once a court is involved. A case will have to be based on a legal issue, usually someone's legal rights being violated or one party damaging another. I'm no lawyer but I just don't see that here and even if it were attempted I doubt they would prevail. Regards; SteamJockey, resident curmudgeon 50 years service to the Navy and the nation.
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Stillhere		#13	[url]	[-]
Posts: 6639 Apr 23 10 9:51 AM	tomswife wrote: mazboy - It seems to me that all 90,000 veterans who previously filed for compensation for heart disease did not file "for no legitimate reason". They may have claimed it as secondary to another service-connected disability and it was denied, or they may have been suffering from heart disease - although they had no family history of heart disease and no apparent risk factors. It seems unfair to these veterans for you to paint them all with such a broad brush. mazboy is right unfortunately and he was agreeing with you. I remember when DM2 was added back in 02 and my brother who was a Marine Nam Vet "boots on ground" I had read an article in the AL newletter saying that DM2 was added. He was having a really tough time with it and really effecting his eyes. He could not read the words on a stop sign!! Anyhow I called him and told him how to file and all and he got SC with 1 year back from the original claim date. I then was DXed in 03 and I filed but only received back to the date of my claim. maybe VA will work IHD the same we just do not know yet. If you want your voice heard and your hubby has documented heart diease and did not file I would go to the rules and regulations comment section for IHD and post a comment. The end date for comments is April 26 so I would hurry. Also while you are there take a look at some of the comments, MANY vets were in the same boat!
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Stillhere		#14	[url]	[-]
Posts: 6639 Apr 23 10 9:56 AM	Probably true steam! But I think some will try do to the feeling of being cheated out of their share of the comp. That they feel they deserve. This law from the VA must be written very legalezze and I am sure it will be. As cruiser said there has not been any change to CFR 4 on how the ratings are written but who knows!??
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marine49	Question	#15	[url]	[-]
Posts: 613 Apr 23 10 10:09 AM	Stillhere, you posted going to the "Rules and Regulations Comment" section for IHD. What site is this on and where do I find it ? I was DX with CAD/IHD in 2001 I never filed because it wasn't covered at the time. Ken A USMC VIETNAM VET 1968-1969 SEMPER FI
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Stillhere		#16	[url]	[-]
Posts: 6639 Apr 23 10 10:18 AM	SHould be here at the link: http://www.regulations.go...etail?R=0900006480ac9680
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SteamJockey		#17	[url]	[-]
Posts: 7748 Apr 23 10 10:50 AM	This law from the VA must be written very legalezze and I am sure it will be The regulations regarding entitlement were written 25 years ago and are based on the Nehmer decision. Nothing new needs to be added. I suppose someone could bring a suit because they didn't believe the VA implemented the original courts order for entitlement properly but Nehmer has been in court a number of times over the years. I would think this issue is nothing new and had been hashed out already. haven't read all the decisions so I can't say for sure. It's going to be very tough to expand this class. Regards; SteamJockey, resident curmudgeon 50 years service to the Navy and the nation. Edited 1 time by SteamJockey Apr 23 10 2:34 PM.
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mazboy	agent orange	#18	[url]	[-]
Posts: 740 Apr 23 10 10:52 AM	i want to response to the comment on what i said. the government, if they are going to allow retro compensation for those vets who filed a claim, or included it in a claim, and were denied, they, in my opinion should not be considered for any retro compensation. there was no eligibilty factor for the VA to approve that part of their claim; they were not eligible for compensation at that time. Most people don't file a claim for something that will be denied to them. But regardless of how i feel they probably will be receiving retro compensation. My major issue is simply that there all thousands of vietnam vets who never filed a claim, for whatever reason, for this diease and they won't be receiving any long term (some back for years) retro compensation even if they apply now. I've had heart diesase since 1999 but never filed a claim or included it on a claim because I was not eligible and there was no eligiblity factor that the VA could relate to. I feel that it is totally unfair for those who filed to be receiving retro for years just because of a denied claim while us who did not filed a claim back years ago will not receive any of this compensation. If these vets do receive old retro compensation (depending on their denial date) they could be receiving over $100,000...because they were not eligible. go figure.
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billy2	IHD	#19	[url]	[-]
Posts: 201 Apr 23 10 11:26 AM	maz, I never knew about AO/DM2 till someone told me 18 months ago because I never went to the VA. I had DM2 for 8 years so I lost out. I filed a claim for CAD as secondary to DM2 and it was rejected saying no evidance of the link. I don't care about the retro money. I just want to be SC for the IHD. Chances are good that I will die from DM2 or heart disease. Bill
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bc199th		#20	[url]	[-]
Posts: 985 Apr 23 10 11:28 AM	mazboy wrote: i want to response to the comment on what i said. the government, if they are going to allow retro compensation for those vets who filed a claim, or included it in a claim, and were denied, they, in my opinion should not be considered for any retro compensation. there was no eligibilty factor for the VA to approve that part of their claim; they were not eligible for compensation at that time. Most people don't file a claim for something that will be denied to them. But regardless of how i feel they probably will be receiving retro compensation. My major issue is simply that there all thousands of vietnam vets who never filed a claim, for whatever reason, for this diease and they won't be receiving any long term (some back for years) retro compensation even if they apply now. I've had heart diesase since 1999 but never filed a claim or included it on a claim because I was not eligible and there was no eligiblity factor that the VA could relate to. I feel that it is totally unfair for those who filed to be receiving retro for years just because of a denied claim while us who did not filed a claim back years ago will not receive any of this compensation. If these vets do receive old retro compensation (depending on their denial date) they could be receiving over $100,000...because they were not eligible. go figure. I totally agree. If they allow retro pay for those that previously filed when they had no legitimate chance of being approved and compensated, they will open Pandora's box. This will cause people to file claims to lock in an effective date just in case the condition they are filing for may be approved in the future. A good VSO would encourage this practice as well. And I would not blame them for doing so. If I were a bluewater vet I would get on board as well. This will bog the system down even more than it already is. I want all vets to receive what they rightfully deserve but this is a bad idea imo. Bo 11B40 Vietnam '69-'70 90% SC 100% IU, P&T SSDI "The Americans will always do the right thing...after they've exhausted all alternatives"---Winston Churchill "T "T "Tl
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