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tinkerertn

Ischemic Heart Disease

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Hello:

I filed for ischemic heart disease on oct 15, 2009. As service connected in viet nam jan 1968 to jan 1969. In May 2002 I had heart attack resulting in 5 by pass surgery. my question would be should dissability start on oct 15 when ischemic heart disease was presumptive or on may 24 when I had heart attack?? I have done extensive research on ischemic heart disease and found it is merely another name for cornary artery disease cad. it is an aka.

Later Dave

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The effective date will be the date the claim is received or the date entitlement arose, whichever is later.

I would say since May is less than a year proor to October, it would be may. You need to keep an eye on it as the VA may try to use October as your EED.

J

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DAve my biggest concern on this new reg is that VA will not comprehend CAD as Ischemic heart disease-

but you have the diagnosis you need-

This new presumptive should fall under the Nehmer Court Order-

I have not had time to check with NVLSP on that and the actual regulation will be at the Federal Register web site soon -I hope- so that advocates,vceterans and vet lawyers can comment on it.

It is my opinion that any past denied claim for a similiar disability (such as CAD or Myocardial infarction due to CAD) would-if found to be ischemic in nature-

fulfill the Nehmer criteria for earliest EED if the claim was denied in the past.Meaning the date of THAT claim could be the actual EED.

As in many many cases of AO presumptives.

Another problem is MANY reps do not have a clue on Nehmer-my own Rep asked what I was talking aboput when I mentioned my claim would put me under Nehmer Class Action.

He was getting DMII and CAD SC comp under Nehmer and he didnt even know it.

And of course these ROs either dont have a clue on Nehmer or simply want to ignore it because it can end up costing the VA more money if they aaward but had denied for the same claim in the past.

NVLSP web site under Effective Dates Nehmer- has some of the extensive info that they publish in the VBM.

This remains as one of the most important cases for vets ever-if they were exposed to AO and the VA has manipulated Nehmer enough to hold back retro from Nehmer vets and widows.

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I read somewhere that a congressman from ALASKA didn't want the Nehmer Court Order to pertaim to these three presumptive issues. I think he wanted the date to be the official ruling date of October 09. I can't recall where I saw this because I was on the net for 4 hours and everything is a blur.

Bill

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Wish I had more info on that- VA tried to pull this crap when CLL went on the AO presumptives:

http://www.nvlsp.org/Information/ArticleLi...etrobenefit.htm

NVLSP will certainly fight any VA attempt to defy the Nehmer Court Order on the new presumptives- how could those disabilities due to AO be considered any different that the past AO ones, and how could the VA possibly discriminate against any AO vet with any AO presumptive.

I have followed AO issue since 1991 and I know the VA will try to pull something on this-

We will all have chance to speak our mind when the Federal Register posts the new proposed reg for comments.

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Wish I had more info on that- VA tried to pull this crap when CLL went on the AO presumptives:

http://www.nvlsp.org/Information/ArticleLi...etrobenefit.htm

NVLSP will certainly fight any VA attempt to defy the Nehmer Court Order on the new presumptives- how could those disabilities due to AO be considered any different that the past AO ones, and how could the VA possibly discriminate against any AO vet with any AO presumptive.

I have followed AO issue since 1991 and I know the VA will try to pull something on this-

We will all have chance to speak our mind when the Federal Register posts the new proposed reg for comments.

Bertha,

I will try to find that article. I reopened a claim for CAD in Aug. and I am eagerly waiting for the ruling.

Bill

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