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hawkfire27

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Hi "F,"

When your husband was awarded 100%, solely due to PTSD, the VA had the duty to decide if he qualified for A&A or Housebound(HB), "as an inferred issue." That failure, to do so, means that claim for A&A/HB remains open and can go back to the original claim/award date. You should pursue that claim vigorously. It's roughly $300 additional a month.

pr

Hi Philip, Thank you very much for your post. I was completely unaware of that requirement. I have just spent an hour or two going over my husbands ratings decision of 100% PTSD, he has three. The original, and two decision backdating the start date of the 100%. There is no mention of A&A or HB at all in any of the decision or other mateerial they sent. So I will definately add this fact when we go for the A&A. UNfortunately I am stressed out enough, looking for info for the current claim we have for SC for his other diasbilities. But I really do appreciate the info. Do you happen to know what reg states they have to advise the Vet about their eligibility to apply for A&A. We even have records of the RED CROSS being involved in his son's discharge from the army to come home and care for his dad, so I am sure we can prove A&A need back to his 100% rating in 1988.

Awesome thank you so much!!!!! :-)

F Lynchard

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You know one of the first places artery disease shows up is in the legs. If you have DMII as a SC condition and you complain about pain in your legs the VA might do a CT scan of your legs. This will show artery disease possibly and if it is in your legs it is probably in your brain and heart as well. I had a lump on my leg and the VA did a CT scan. I was SC for DMII at the time. The CT scan revealed artery disease. I got this SC'ed as secondary to the DMII and they DX'ed it as CAD. This is sort of a back door approach.

Thank you John !!!!!!

Will definately organise a CT scan of his legs. We are lucky to have a Primary Care Doc at VA that will order any test he wants done!!!! Helps that his psych is chief of staff of our VAMC too!

Thanks Again!

F Lynchard

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Philip is right-

I suggest that you definitely claim Ischemic heart disease under the proposed new regulations.

Perhaps an independent endocrinologist would see something in his med recs that was symptomatic of diabetes prior to the CAD.

Also the ECHO could be interpreted as to whether this shows heart disease of ischemic nature- most heart disease is,in fact, ischemia.

The ECHO has percentages that reveal narrowed arterial pressure due to atherosclerosis.

And well as the Ejection Fraction.

I mentioned my situation because I proved my husband was symptomatic of diabetes from 1988 to 1994-as VA patient yet VA never diagnosed him with DMII nor the subsequent IHD the untreated DMII caused.

An Endocrinologist could pick up on these symptoms-

For example the word 'Hyperlipedimia' appeared for the first time during a post death C & P review in a SSOC I got in 1996.

I studied this condition and it became very probative evidence for my undiagnosed DMII claim.

A VA dentist noted odd patches in my husband's mouth 1988-

this was also noted in 1992 hospital records and a diagnosis and treatment of what caused the patches-

This -after I studied this condition for months and months was also probative evidence for my AO death claim.

My husband had odd visual disturbance (on top of daily flashbacks) well documented in an EEOC case he had against the VA.

The VA EEOC testimony said he couldnt read the information correctly to do the job and made many mistakes.

This all because also VERY probative evidence of diabetic involvement to his eyesight.

In 1988 my husband had a heart attack while at the VA that they said was sinus infection-however I proved this heart attack was directly due to DMII which could have been diafgnosed -that day if they had followed up on other tests they never did.

A heart attack is often the very first sign of diabetes.

On the SMC Philip mentioned - check out the Bradley V Peake decision here in Claims Research.

Thanks again Berta!!!!

My husband has medicare so we will organise for an Endocrinologist to have a look at him and his records. Great Idea!

I also scoured the evidence lists on his denial claim for heart disease and they didn't list the most important info we sent them regarding his heart condition from private doctors, sooooooo Will have to hit them up about that and submit the records again.

Thanks again. Just so many pages and only 30 days to submit the evidence, for decision, otherwise we will have to go through the loooooong process of appeal, which I am trying to avoid....But in reality will probably have to endure anyway :-)

Thanks again,

F. Lynchard

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  • HadIt.com Elder

I don't know of any reg, although there could be one, now. The court ruled, some yrs back, that A&A and HB are an inferred issue, when a claimant is rated 100% for a single disability. This required the VA to decide, at the time of the 100% decision, the A&A/HB issue, in all decisions of a 100% schedular award, for a single disability. The VA failed, to do so, in many claims and that "inferred claim" remains open, with the original claim date as the date of claim. In some cases, if awarded, it could mean a substantial award. I know one vet I've been helping could get 20 yrs retro, if he wins.

pr

Hi Philip, Thank you very much for your post. I was completely unaware of that requirement. I have just spent an hour or two going over my husbands ratings decision of 100% PTSD, he has three. The original, and two decision backdating the start date of the 100%. There is no mention of A&A or HB at all in any of the decision or other mateerial they sent. So I will definately add this fact when we go for the A&A. UNfortunately I am stressed out enough, looking for info for the current claim we have for SC for his other diasbilities. But I really do appreciate the info. Do you happen to know what reg states they have to advise the Vet about their eligibility to apply for A&A. We even have records of the RED CROSS being involved in his son's discharge from the army to come home and care for his dad, so I am sure we can prove A&A need back to his 100% rating in 1988.

Awesome thank you so much!!!!! :-)

F Lynchard

Edited by Philip Rogers
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I don't know of any reg, although there could be one, now. The court ruled, some yrs back, that A&A and HB are an inferred issue, when a claimant is rated 100% for a single disability. This required the VA to decide, at the time of the 100% decision, the A&A/HB issue, in all decisions of a 100% schedular award, for a single disability. The VA failed, to do so, in many claims and that "inferred claim" remains open, with the original claim date as the date of claim. In some cases, if awarded, it could mean a substantial award. I know one vet I've been helping could get 20 yrs retro, if he wins.

pr

Hi Philip,

I just found the regs

www.warms.vba.va.gov/admin21/m21_1/mr/part3/subptiv/ch06/ch06_secb.doc

This is the Adjucation manual, it definately looks like it applies, I will now I don't need to put so much work in trying to prove cause for A&A. This A&A claim goes back to 1988, so the retro will really help out (if we get it)! Now I can concentrate better on getting the SC for the diabetes and Ischemic heart disease sorted out. Thank you VERY much for your help. That is what I love about HADIT.COM :-)

F. Lynchard

Still need to figure out how to apply for the A&A though, (in this situation of CUE) any ideas???

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