VetsWidoFl

Thank you for your responses. To clarify, I hope, my original claim was for retroactive.DIC benefits based on my husbands' long history of heart disease. I understand now that his HBP and Hypertension while on active duty cannot be considered IHD. He was awarded 0% SC upon discharge in 1975 for these two conditions. He received early SSA in 1995. He did not file another claim until 2001 for DMII. The VAexaminer noted his by pass surgery in 1995 , old myocardial infarcts and Mets 7 to award the 30% based on his cardiology medical records and 20% for Diabetic neuropathy His further claims were related to renal faiure /amputations due to his diabetes. In 2004, he was awarded 100% for End Stage Renal disease[related to DM!!], 100% for Coronary Artery , plus special monthly compensation and Aid and Attendance among others. The atty did mention something abt "substitution" to me but there were no outstanding claims when my hero died. in 2007. Again, I appreciate your guidance and thank you for directing me in the right path. VetsWidoFL

A NVLS atty advised me to file a NOD for my claim for retro DIC benefits based on my spouse's death in 2007 from IHD. He advised me that my husband's 30% award for heart disease in 2001 {which he never filed a claim for} but which the VA linked to his AQ DMII, should have been at the 80-100% rate. The VA used the same medical evidence to increase the award to 100% in Dec 2004. Therefore, the atty wants me to file a request for an increase rating under Nehmer for the heart diease award in 2001. I understand my denial of retro benenfits because my spouse "filed "for heart disease during his lifetime. But, what about the increase rating???? Could this be done under something called CUE??? My "usual" VSO is not enthused. Appreicate any guidance. I am soooo lost in this process. VetsWidoFl .

I am a Nehmer class action widow. My husband died of IHD. My EED for DIC is Oct..2007{DOD} My husband was awarded 30% IHD as part of his claim for AO DMII in April 2001. The VA was well aware that he had coronary bypass surgery in1995 ,and two silent attacks prior to that time. My claim for retro DIC benefits was denied. However, service connection for residual scaras a result ot coronary artery bypass graft surgery was granted with an evaluation of 0 percent effective April 2001. Is there anyway I can obtain an EED prior to 2001? My husband had been rated 0% for HBP and Hypertension on active duty but I know the VA,s definition for AO IHD does not include these. He was also a diabetic since 1986. Thanks for any quidance VetsWidoFl