Agent Orange List

[evandc]

From VA

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1796

[JRW]

Atherosclerosis is also a form of coronary artery disease. Coronary artery disease is synonymous with Ischemic Heart Disease. For VA purposes, if you have coronary artery disease, you have Ischemic Heart Disease. Ischemic Heart Disease was defined by The VA in a case involving a participant in WW II in June 2000. Below is the link.

http://www4.va.gov/vetapp00/files2/0017299.txt

Atherosclerosis is defined in the below link from a medical viewpoint.

http://surgery.about.com/od/beforesurgery/...rosclerosis.htm

From this VA landmark case, and the supporting medical definition of Atherosclerosis, I would be inclined to believe that Atherosclerosis falls within the overall category of Ischemic Heart Disease. Therefore, my vote is....................YES, if the death certificate shows such as the cause of death.

[Berta]

Iagree that the IHD regs should be comparable to the atherosclerosis regs.

But we cannot determine what the Ischemic heart disease regulations will actually be- I check daily for them at the Federal Register. They will have 60 days for public comment and vets as well as SOs , reps and vet lawyers will surely comment on them if they seem to limit IHD in any way that would leave out IHD veterans.

My husband died with IHD but the claim was for undiagnosed Diabetes causing the IHD.His Heart disease was also undiagnosed and untreated.Neither IHD ,CAD or DMII appeared in his med recs.

In order to succeed with my DIC claims (I have awards of DIC) I had to study CAD and atherosclerosis affects to heart and brain.

So there is no doubt in my mind that IHD is in fact atherosclerotic heart disease (CAD)but only when the actual regs are published can anyone determine what those regs will be.I am cautiously optimistic that IHD will be rated same as Atherosclerosis. This is why VA is accepting AO IHD claims but cannot begin to fully process and rate those claims as they need the new regs to do that.

You have a very valid DIC claim under Nehmer COurt Order (O exposure) for his heart disease as well as for DIC due tio the inservcice HBP is you can provce this was chronic to the exten that a doctor has stated his HBP from service was directly related to the conditions of his death.( Causing or contributing to death)

I feel you could raise both potentials for DIC here. But it appears you have formally filed the 21-534 form.

The VARO will send you a VCAA letter if they need more info or evidence.

They are not adjudicating these new AO presumptive claims yet but could start the pre determination process on them.

I hope in your case you made it clear that the CAD comes under the new proposed Ischemic heart disease regulations.

As to the time limit your DIC claim will take-

I had issues involving malpractice.

My 1151 DIC took a little over 3 years and my recent DIC direct AO SC death award took almost 7 years.

In the case of the 3 new presumptives-VA has fast letters on how to adjudicate these claims.There is absolutely no reason why these presumptive claims should take years and years.

The lawyers at NVLSP want to hear from any vet or widow (via email at their site) who is filing under the new AO presumptives.

They won the Nehmer decision that controls these AO claims.

They want to make sure that the VA does not attempt to withhold any retro due the vet or survivors on any favorable AO award.

With a million claims in the system and with the new regulations still pending-your DIC claim will take time

but should not take years and years.You have the evidence they need for a reasonably fast award for DIC but no one can really tell how long a claim will take.

WHat VARO do you deal with?

Do you have a vet rep as your POA?

Edited January 15, 2010 by Berta

[john999]

You know there are no medical studies funded by the VA to determine the affects of agent orange. The VA uses other people's studies to make determinations about which diseases are presumptive for AO. The VA is completely passive in its examination of agent orange science. They are quietly waiting for an army to die. The VA has never funded research into the affects of AO on the children and grandchildren of vets. Do children of AO vets have medical problems? Don't ask the VA because they are not funding studies to find out. If the IOM finds out twenty years from now that the children of AO vets are dying younger than their peers maybe the VA will look into that research. Of course it will be too late.

[Julie2]

Atherosclerosis is also a form of coronary artery disease. Coronary artery disease is synonymous with Ischemic Heart Disease. For VA purposes, if you have coronary artery disease, you have Ischemic Heart Disease. Ischemic Heart Disease was defined by The VA in a case involving a participant in WW II in June 2000. Below is the link.

http://www4.va.gov/vetapp00/files2/0017299.txt

Atherosclerosis is defined in the below link from a medical viewpoint.

http://surgery.about.com/od/beforesurgery/...rosclerosis.htm

From this VA landmark case, and the supporting medical definition of Atherosclerosis, I would be inclined to believe that Atherosclerosis falls within the overall category of Ischemic Heart Disease. Therefore, my vote is....................YES, if the death certificate shows such as the cause of death.

[Thank you Berta and JRW for responding to my Question, I am on 7months of waiting just to hear anything, since I filed my claim. Thank-you for reinforcing my beliefs, at least I feel encouraged to keep on waiting the waiting game. Do you think SMOKING is gonna be a factor, as, cause of death was "Coronary Artery Atherosclerosis", with Old myocardial infarct and smoking is marked. Thanks for your in-put.

[JRW]

I am not aware of lifestyle or family history having an effect on illnesses that are on the Agent Orange list. Smoking is a lifestyle. If that continues to be the case (and I think it will), I would believe that smoking would not figure in to the diagnosis especially, with him being a Vietnam veteran.

If you think about it, Type II diabetes (also on the Agent Orange list) can be a result of lifestyle and or family history illness. But, if you are a Vietnam veteran, and you are diagnosed with this illness, your lifestyle and or family history is not taken into account.

[JRW]

Julie2,

For what its worth, it appears to me that Vietnam veterans with an Agent Orange claim go through much faster, if their illness has already been medically diagnosed by outside doctors, prior to submitting the claim. In your case, it is clearly noted on the death certificate. If the regulations for the three new illnesses continue to follow in the path of the previous 12 illnesses on the list, I would think that you all you will need to do is just set back and let your claim speak for itself. Your claim, to me, looks "cut and dried."