Ihd Originally Claimed As Secondary Condition--Is It Retro?

[sgtmaj]

Perhaps someone here can answer my question. I claimed IHD in 1999 as secondary to preexicitation syndrome ( heart condition). The IHD was denied as not being related to the syndrome but it was agreed that I had IHD (coronary artery disease) not service connected. The syndrome itself was rated at 0% but service connected. Now with the AO presumptives I have filed a claim for IHD in June 2010. Question is: Will they consider my previous claim for IHD for retroactive purposes even though it was filed as a secondary condition? My case is being handled as a Nehmer claim but my concern is that the IHD was originally claimed as being secondary not primary in and of itself. Thanks.

[john999]

I think the VA should and will view your claim as retro to 1999 when you first filed for CAD. That was a smart thing to do and I think it will pay off now. If this is the way Nehmer works vets should probably claim any condition that might become presumptive in the future. The thing is you claimed CAD and now it is presumptive and Nehmer kicks in for you. If the VA rejects your 1999 date I would sure appeal that. They may fool around and blow smoke but I think you have a good claim to effective date of 1999.

[sgtmaj]

Tks. I checked my e-benefits at the VA site tonight and it now says my claim is "closed". It was initially in the developement phase until today and now it has jumped right to closed. Don't understand why the other stages were not entered unless they do that alot and just go right to "closed". According to their "closed" status they have mailed notification letters etc. I guess I will have to check my mail in the next couple days. My other thought is perhaps they closed in because they considered it not to be a Nehmer case and sent it back to my home R.O.

I think the VA should and will view your claim as retro to 1999 when you first filed for CAD. That was a smart thing to do and I think it will pay off now. If this is the way Nehmer works vets should probably claim any condition that might become presumptive in the future. The thing is you claimed CAD and now it is presumptive and Nehmer kicks in for you. If the VA rejects your 1999 date I would sure appeal that. They may fool around and blow smoke but I think you have a good claim to effective date of 1999.