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Question

Since I have not posted a specific question on my own and was piggy backing on what I thought were similar topics that were similar to my situations I will attempt to post a question that I had about PTSD and the new AO reg. I have posed this question in different forums and format but still not sure what to make of it all. I am very new to the forum and thought this was a great way to connect with people with similar issues as I. So I hope I have not misused any forum that I have posted in. My question is this: My husband was receiving 100% sc for PTSD friom August 2000 til his death in November 2003. He had fiiled a claim in 2002 to also add his heart disease as sc as well but was denied. He died in 2003 as result of myocardial infracton with coronary heart disease. He served from May 1969-April 1973 in Vietnam. How will the new AO ruling apply in this situation since IHD has been added to the presumptive illnesses list (proposed). Will there be a separate compensation associated with the AO IHD.

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If you are getting DIC now it won't matter. If you are not getting DIC then I think it does matter.

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Sandra welcome to Hadit and sorry for the loss of your husband.

If you have applied for and are getting DIC which spouses can get for the death of a 100% spouse from a service connected death you probably don't need to do anything. If you apply for DIC you need to include info that links his heart disease to his death and service connection. If you applied and were turned down for DIC if it is less than a year you shuld appeal it.

Good Luck

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Thanks for the response. I did not include all details but right now the claim is in rating decision pending. The remanded appeals claim has been at BVA/AMC since 09/2008

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The only possible separate rating decision you may get from IHD, especially because it was the cause of death is Statutory housebound from 2002 to 2003, it would be a lot of hassle for a about $4000. The SMC would be an inferred issue only if the 2002 claim was reopened due to the new regs and backdated to 2002, then SMC would be from 2002 claim to the death of your husbands death.

Again it would be a lot of work for only a little, Statutory Housebound would only be granted if they gave your husband a rating of at least 60%A prior to his death. Which is hard to prove unless you have his medical records showing the low MET's required by the new regs. It will also be good to have this rated if your are not getting DIC as others have stated this would make you eligible for DIC due to service connectged death.

My husband is currently trying to get his original CAD claim reopened so he can get an EED for his CAD/IHD claim when the regs come through. He is also 100% disabled with PTSD.

We are sorry for your loss and thank you for your service as well as your husbands. :D

Edited by hawkfire27

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"My question is this: My husband was receiving 100% sc for PTSD friom August 2000 til his death in November 2003. He had fiiled a claim in 2002 to also add his heart disease as sc as well but was denied. He died in 2003 as result of myocardial infracton with coronary heart disease. He served from May 1969-April 1973 in Vietnam. How will the new AO ruling apply in this situation since IHD has been added to the presumptive illnesses list (proposed). Will there be a separate compensation associated with the AO IHD."

If the DIC form was filed within one year after his death-and you re-opened the IHD claim or substituted yourself for him after his death -and it is still pending -the VA can make an accrued award of SMC for the IHD if it raised to level of 60% compensable or more (which it had to at some point as it caused his death.)

If the denied IHD claim was not re-opened or appealed- then since this is AO death-Nehmer Court Order will kick in and the VA should make a SMC retro award under Nehmer if the IHD raises to a level of at least 60% disabling by virtue of his medical records.

If your DIC was denied due to "NSC" death- before these regs came about- you should re-open immediately under the proposed new regs.

VA is supposed to be looking for any previously denied HD clams in order to re adjudcate them under Nehmer.

Since VA attempted to swipe millions from Nehmer vets and widows (per NVLSP-the lawyers who won Nehmer)

during the late 1990s, and still does that if they can-I feel no AO vet or widow should rely on the VA to dig out any past IHD denials and they should make sure the claim is formally re-opened or supported -if pending- by making sure they use the new regs.

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