["chronic" Congestive Heart Failure]

Tks again. Appreciate all the help. I most likely will file a NOD as there does not seem to be a "definition" by VA of what exactly constitutes "Chronic" CHF. They could make it so much easier on themselves and vets if they put it out there. They have the METS and EF etc. numbers out there but on the word "Chronic" under CHF. I don't think they know what they mean by it. My EF was 41% that's black and white under their schedule 60%. I am retired military and received my CRDP retro from DFAS in mid July and the audit worksheet was sent to VA then indicating they owe me some funds. Haven't heard a thing from VA on their retro other than to say it is being processed. Almost 90 days now. Don't want to do a NOD until I recieve their retro otherwise who knows if that would hold up payment. One would think it shouldn't but then again it's VA. Tks again.

["chronic" Congestive Heart Failure]

I don't see the word chronic as warranting 100% in the CAD/IHD regulations.

Maybe I missed it.

I suggest you read over the way VA rates heart disease in the Schedule of Ratings under Cardiovascular disease here:

http://ecfr.gpoacces...0.1.1.5&idno=38

"They state in their rating schedule that Chronic CHF would warrant 100% but do not state what they define as being "Chronic". Tks."

CHF is chronic heart failure and that is different in some respects from CAD Coronary heart disease.

"but my cardiologist has said I have "Chronic" CHF"

Did the cardiologist document that statement in your med recs?

Did the VA consider that documentation when they made the rating decision?

Does this CAD prevent you from employment?

Do you receive SSDI solely for the CAD? (or CHF)

Have you applied for TDIU?

Tks Berta and to the other fine folks trying to help me out. The rating schedule for CAD (7005) states: "Chronic congestive heart failure, or, workload of 3 METs or less" etc. is warranted a 100% rating. The IHD Questionnaire VA put out (VA Form 21-0960A-1) In section III (CHF) asks :"Does the Veteran Have CHF?" in one block and in the next block "Is The Veterans CHF Chronic?" I did not have that Questionnaire filled out with my claim but I have since gotten one from my private Cardiologist. I also have a simple statement from him stating my CHF is Chronic (Stage B Class I). Neither of those documents went with my original claim because I thought the documents VA had they could read into them that I have Chronic CHF and am taking medication daily. I realize the CAD and CHF can be different but I believe they both fall under Ischemic Heart Disease and both should be considered with a rating. VA rated me 60% solely on CAD and did not address CHF. Now I am thinking about doing a NOD citing "Chronic" CHF but don't want to waste my time or VAs if I don't meet their definition of it. Social Security has a firm black and white definition stating that to be Chronic CHF one must have a certain amount of acute episodes a year. Can't find any such definition from VA. I have been told by some folks not to request a reconsideation but to go with the NOD because it will get a fresh set of eyes etc. I have until June to file a NOD. If I had a defintiion it would be so much easier. Tks again.

.

["chronic" Congestive Heart Failure]

I hope you someone out there can help me. I am looking for a firm definition of "Chronic" Congestive Heart Failure as used by VA. I can find no where how VA defines Congestive Heart Failure as being "Chronic". I've been rated 60% for CAD/IHD A.O. but my cardiologist has said I have "Chronic" CHF which would warrant a 100% rating. Can you tell where I can find the answer. I have asked VA several times but always get the run-around. They state in their rating schedule that Chronic CHF would warrant 100% but do not state what they define as being "Chronic". Tks.

[Status Change Fm Decision To Development]

Yes Berta it is a Nehmer claim. I'm very leary about sending anything that is recent but not really "new" info--they received the same info on office notes dated 2 years ago. They also received my stress test results done 11 months ago. I have been moved once before from decison to development and it took a long time to get back to decsion (30 days) even after they received the additional info in 2 days after requesting it. So I don't know if when it goes back if I have to start over or they give it back to the rater who was working on it right away and he/she continues to process it. It's frustrating as one begins to second guess one's self and tries to guess what they are thinking. Would be so great if a vet could get on the phone and actually speak to the rater. I think before a decision is made the rater should at least call the vet for info purposes in case something could possibly done (if needed) before being finalized that might save a lot of time and energy on appeals or requests for reconsideration. Communication is what is lacking in the system.

If the info was new enough to impact on the potential rating-in my opinion-it would be good to send it to them.I don't necessarily think it would go to the bottom of a stack since your claim is in the decision phase.

You did say it was basically the same as what they have so I agree and think best not to send it to them.

It seemed to me,looking at your past posts, that you are a Nehmer veteran.

You mentioned the CAD was denied years ago.

Has VA confirmed your claim is under Nehmer?

[Status Change Fm Decision To Development]

Had a cardiologist appointment the other day. Was going to send in the office notes of the Dr. to include in my file (IHD AO) which is currently in decision stage. Called the 1-800 nr. and was told by the rep that if I do that they will take my claim out of decision stage and put it back into development. Does that sound correct? No new info on the office notes just an up to date repeat basically of what has already been said/sent. I decided not to send it in. Just wondering if it was new info and I sent it to them would they take my claim/file out of decision when received and if so when it goes back to decision does it go back to the place in the order it came from or would it go back to the bottom of the pile (square one)?. Tks.

[Ihd And Chf--Same Package?]

You are in good shape (claim wise) IHD/CAD are pretty much the same thing and CHF is the result of having the IHD.CAD. If you look at the rating list for heart conditions if CHF is present your rate goes up by the number of episodes you have per year.

Take care of yourself and you should be fine!

Tks--appreicate the reply. I have had no episodes since my heart attack in 97. So I'm wondering why my Doc would say I have "Chronic" CHF. "Chronic" is what is confusing me. I can find all sorts of info/definitions on CHF but not on "Chronic" CHF and under the VA rating list it doesn't say anything about episodes if one has "Chronic" CHF vs CHF. I will ask my cardiologist when I see him next month what the difference is--unless someone in this forum has an answer. Tks again.

p.s. Am curious how many vets have actually had their heart conditions worsened by the frustration and worrying etc. with the current VA system of AO IHD claim processin?. The individual workers (professionals) at VA I have no problem with at all--but the "system" is, in my opinion, not user friendly or informative to the veteran.

[Ihd And Chf--Same Package?]

Wondering: I have 41% LVEF and 8.6 mets as of June 2010. Had below 50% LVEF since 1997 when I originally filed a claim for CAD which was denied. Currently in Nehmer since Nov 2010 for IHD. My cardiologist states I have chronic CHF. Should I be filing for CHF separately from IHD or is the CHF considered to be part of the IHD claim? Tks.

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

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.

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

Tks for your reply. I really appreciate your help. The CAD (I had a heart attack and stent placement in 1999) was claimed by me in 1999 to be secondary to my service connected preexcitation condition (0% disabling). Va did not rate the CAD as they said it was not service connected or secondary to my prexcitation condition. I did have Nuclear Myoview Exercise Stress Tests performed on me in 1997, 2003, 2007 and 2010. The 1997 test was included in my 1999 claim for CAD as secondary and all those tests have been included in my current claim of June 2010 for IHD presumptive. All the tests were conducted by my personal cardiologist. I understand that after my claim for CAD was processed in 1999 VA came out with new guidelines for CAD other than what was used during the processing of my claim. Anyway all my stress tests indicate a left ventricular dysfunction with an enjection fraction between 41 and 45% depending on which of the tests is looked at. According to the VA table now in effect for CAD a fraction of between 30 to 50% should have a disability rating of 60%. Therefore I am assuming I will be rated at 60% based simply on those numbers. According to VA my claim is being handled as a Nehmer claim. My basic question is: Will VA likely view my new claim (presumptive) as being retroactive to 1999 even though I originally claimed CAD as secondary to another condition? Thank you very much.

You said the syndrome was rated at "o"- but what was the IHD rated as?

Have you have recent C & P exam or ever had the METS test or a heart ECHO?

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

Thanks much for your response and info.

sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service.

In the Nehmer Training Guide it states:

• • In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member's compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.

Your claim should go back to your 1999 date.

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

Appreciate your response. I have filed a claim in June and it is a Nehmer case at present. I have been under the impression that because I originally filed IHD (which was denied) as secondary to another condition my new claim will not be retroactive because I didn't file IHD as primary to begin with. If you are 100% certain that it will be considered retro I appreciate your expertise and input?

Seems you are now a Nehmer member and I would file the claim yesterday if not sooner.

Retro is awaiting you.

J

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

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.