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stillhere

Cue

Question

While I am waiting for the VA to grant my IHD eed claim under Nehmer I was thinking if there actually was a chance that they may just CUE themselves.

Here are my thoughts of why I feel this way.

My claim of 2003 for heart disease was primarily based on angina.

While the VA denied the heart disease claim they did grant hypertension and DM2.

At the time the VA had in their possession and noted in the evidence a electrocardiogram that showed a LVE of 50% dated 2002.

In the rules for cardio it states that a LVE from 30-50% warrants a 60% rating.

In there denial they noted that their walking stress tests showed no heart disease with a mets of 12 but that was all. They never addressed the 50% noted on the cardiogram.

I would like opinions on if this is possible for a CUE claim?

Thanks to all!

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When you get your rating on IHD I would use Nehmer to ask for EED. Under the rules in existence at the time maybe there would be a CUE. If they don't back date the claim I would think on it. If you are asking them to reweigh the evidence that won't be a CUE. Talk to a legal eagle and see if he/she thinks it is worth the ink. I think you have little to lose if you do file the CUE. The VA will probably deny it no matter how good it is then you can start appeals.

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While I am not asking the VA rater to look at the old evidence per se I am stating that an award of 60% should have been granted based on 38cfr. Is that not a CUE if there is evidence of record per their rules and they do not grant a rating??

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"While the VA denied the heart disease claim they did grant hypertension and DM2."

I think it might depend on the diagnostic code they used.If the DC was comparable to IHD then maybe there is chance for Nehmer to kick in on the earlier EED.

If it was just considered angina however

"At the time the VA had in their possession and noted in the evidence a electrocardiogram that showed a LVE of 50% dated 2002"

that could support a better EED or a CUE could if the diagnostic code they used was wrong.

I assume you mean Ejection Fraction of 50% as documented on the ECHO report?

An ECHO shows arterial measurements in percents of arterial collusion that can reveal ischemia and this is also reflected by the Ejection Fraction.

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btw -I answered 2 posts here recently that regarded LVE and want to make sure my responses are clear-as I always ask if this is in fact the ejection fraction percentage from an ECHO report or not.

LVE is the medical term for Left Ventricular Enlargement sometimes referred to as LVH (left ventricular hypertrophy)

and is not the same as the Ejection Fraction at all.

LVE or LVH , alone, in a med rec do not indicate heart disease that is ischemic.

The VA definition of ischemic heart disease in here somewhere in the AO forum.

When I get time I will post some cardio jargon and acronyms for the medical terms regarding heart disease in the AO forum.

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Although it has happened never depend on the VA do do the right thing unless you ask first

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