Nehmer cases in AO Sub-Forum Forum

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Nehmer cases

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Danielle E

Nehmer cases

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Posts: 12

Mar 7 11 1:25 PM

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I also have another question. This might be a stupid one, but, what are the % amounts everyone is putting on their settlement figures.

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#1

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Posts: 2852

Mar 7 11 1:36 PM

Danielle No stupid question here, if ya don't know ask away. The % are rated according to the disease and how bad the condition is. I would be afraid to give you an answer without knowing the facts and it would still be just a guess. Enjoy Life!!

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SamuelAlbertoLuquis

#2

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Posts: 528

Mar 7 11 2:15 PM

Stormy, one question. I had heart disease since 1987. Did not apply until 2007. Did not know I had it. Currently a 687 EP. What would be my IHD rating more or less? Currently have 60% SC

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Danielle E

Nehmer's cases

#3

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Posts: 12

Mar 7 11 2:20 PM

Thanks Stormy you have been very helpful. One more question as you can imaging my excitement, hessitation, curiosity, etc. The blogs I have been reading and the settlement cases are from the veterans themselves. How do you think the VA is handing a cases like mine where the veteran has passed, do you think they will be as generious to the survivors. In other words do they handle every cases on a case by case basis or do they have a monitary formula they go by??

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donnella

#4

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Posts: 4561

Mar 7 11 3:13 PM

Speaking of IHD. It is completely based on the DX and therefore the numbers determining the damage the disease has caused. EF and METS.

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#5

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Posts: 2852

Mar 7 11 3:20 PM

Donella is correct and knows a lot about it. I only know a little. Enjoy Life!!

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Daman

#6

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Posts: 4243

Mar 7 11 3:34 PM

Danielle E
The ONLY differance in a claim being paid under NEHMER between living and deceased is the "last" known medical evidence of the condition.
In other words IF the deceased person last had a medical exam for IHD and showed (example only) 4 METs then that is what the rater will have to use, If the person was alive and had METs of 4 several years ago and has a new C&P that shows a by pass and METs of 7 then the rater would use the 4 METS (60%) for one period, the three months for the by pass (100%) and then the METs of 7 for another time(30%).
Does this help?

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Danielle E

Nehmers

#7

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Posts: 12

Mar 7 11 3:55 PM

Yes that is very helpful, this waiting is the worst though. Thank you for your reply

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donnella

Presumtive claim

#8

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Posts: 4561

Mar 7 11 3:59 PM

They will have to figure the claim from the time he filed until date of death. They will have to figure how ill he was each year and give a rate for that year. And also consider he had dependents.The claim gets adjudicated and the award goes to the spouse, if no spouse, it is divided equally between his children. They do not treat survivors differently than Veterans. It all has to adjudicated by law.

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spadoman1

Retro Disability Payments

#9

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Posts: 7

Mar 12 11 7:35 AM

I had my first heart attack and bypass surgery in 1985. Not at the VA.

I had VA care and another heart attack in 1993. I have had medical care at the VA since 1993.

I had another heart attack in 2000 and I applied for a service connected disability for heart disease. I was denied.

I had another heart attack and my second bypass in 2003 at a VA Hospital.

I received a rating of 20% for Diabetes in 2001.

Question:

I was told I DO qualify for Nehmer since I was denied a claim in 2000 for heart disease. I received a letter from the VA telling me I am considered a Nehmer case.

I have an 80% physical disability and 20% Individual Unemployability and have been getting this since 2000, (Payment at the 100% rate)

Will I get retroactive compensation for heart disease back to the 2000 denial even though I have already been getting paid at the 100% rate since then?

The Veterans Service Office said I would get retro compensation pay. I can't find anywhere that I will or won't. Anyone know the answer?

Thanks.

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donnella

#10

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Posts: 4561

Mar 12 11 8:03 AM

If your IHD is rated at least 60%, you should get retro for the SMC.

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spadoman1

#11

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Posts: 7

Mar 12 11 8:28 AM

Thanks Donnella, for the quick response.

I have no idea what my percentage of disability due to IHD will be. I have had numerous heart attacks and 2 bypass surgeries. Last test I had was an ultrasound and I was told that I was funcioning at 65%, if that means anything. Also in the 1993 event at the Grand Junction, CO. VA Hospital, I lost a small piece of my heart tissue. My current VA disabiliuty is 70% PTSD, 20% Diabetes and tha balance IU.

Social Security has granted me 100% disability under their rules based on heart function levels and my need for nitroglycerine at times for exertion.

What is SMC?

Thanks again.

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donnella

#12

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Posts: 4561

Mar 12 11 8:47 AM

Special monthly compensation around 320.00 a month. The important thing is to get SC for the IHD.

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