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hypertension Agent Orange - Secondary
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BILLYBOB
In November of 2009, I applied for compensation based upon agent orange exposure while I was in Vietnam with the Army in 1967 - 68. I have had heart disease since 1989. I also claimed vestibular hypofunction, stroke and hypertension as secondary. All of these ailments are caused by endothelial damage to the arteries as is IHD. I finally had a C&P in August 2010 for all the condtions claimed. Each VA physician or health care professional I saw confirmed and stated in the C&P report that all health problems I claimed were at least as likely as not caused or aggravated by exposure to agent orange. My Board Certified private cardiologist of 20 years also stated the same in a letter he personally wrote to the VA.
Today, Oct 10, 2010, I received a rating decision from the Cleveland Ohio VA. I quote as follows - "Decision - A decision on entitlement to compensation for ischemic heart disease is deferred. Service connection for vestibular hypofunction, stroke and hypertension is denied". The decision also states the following: "PLEASE NOTE: As you claimed secondary service connection for hypertension, vestbular hypofunction, and stroke, the disabilities will be reconsidered on a secondary basis following finalization of the new additions to 38 CFR 3.309(e), which establish ischemic heart disease as a presumptive disability of herbicide exposure".
In regards to the PLEASE NOTE above - I thought this had already been completed so I went to 38 CFR 3.309(e) and confirmed that the three new presumptives are already there. How could the rating officer not know the CFR has already been updated? When does the mental torture stop? Does anyone know what's going on? Has anyone else received anything like this recently? Do I now have to go back in and ask the VA to reconsider the secondary basis conditions or will they automatically do this? By the way, they told me how to appeal in the same letter although the letter states the IHD is deferred and the secondary conditions will be reconsidered. Wonderful - after a year, I still don't know whats going on. Any suggestions on what to do now???
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