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Filed Ihd Claim Then Filed For Iu
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N4XV
Awhile back I reopened my claim for IHD when the announcement to add it the AO list was first made by the VA Sec. A few weeks later I was advised by some on this board and another board that I should also file for IU. I am presently rated 30% combined for DMII and tinnitus. In 1991 I filed for VA pension for CAD when I first became totally disabled from CAD with the VA while awaiting SSDI claim submitted by my cardiologist that told me I'd never be able to work again following a failed 3x bypass and after my 4th MI. While awaiting the out come of my SSDI claim for a VA pension and it was approved and then the SSDI came through approved. At the time I was not aware I could not collect both VA pension and SSDI at the same time. When the VA found out I was collecting both they stopped my pension and said I had to pay back the Pension funds I received and I made arrangements and paid it all back. Then in 2001 I submitted a cliam to the VA for DMII and CAD secondary due to AO exposure. The VA granted the DMII but denied the CAD stating it was DX'd prior to the Dx of the DMII. After reopening my CAD claim under the new presumptives (of which I've been expecting at least a 60% rating that would meet the criteria for IU) and then filing the new claim for IU I got the decision three months later on the IU being denied because the VA stated I did not meet the criteria for IU of which I fully agree because at that time and still am only at a 30% combined rating. After my C&P for the reopened IHD claim I got the examiner's report that in my opinion is very favorable for maybe a 100% rating for IHD. The report stated I have IHD with estimated LVEF of 50% from a poor quality ECHO, it also states an estimated METS of 3 or less and chronic congestive heart failure and haven't been able to work for over 20 years. The decision for denial of IU came down 2 months after I had the my C&P for IHD.
I have two questions in relation to the above and would appreciate any comments or opinions. Could the IU denial possibly have been done so quickly because the VA realized by the results of the C&P that I'd be rated 100%? And 2, I am confident I should fall under Nehmer at least to the 2001 denied claim but was wondering is it possible Nehmer would bring it back to 1991 for the granted then rescinded pension claim. Again any insight, comments and opinions will be greatly appreciated.
N4xv
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