jcolwell

Thank everyone. Berta you made my husband laugh out loud. I refuse to go to the BVA as you said. I would like to see any sample cue you used and who to send to ASAP as this will be my days work on Monday. I already faxed RO in PHX about their screw up and wrote CUE across the title. Thanks jc

thanks for helping. My understanding as a nurse is that my husband has Major IHD which results in unanticipated ventricular cardiac irregular beats that can cause unexpected death etc. He also has stents for circulations and has had the widow maker fixed , but the AICD becomes permanent in that the irregular beats can come anytime and condition never gets better , only worse. Hope this helps. They get tuneups ever 4-5 years but never get removed. thanks Patsy and JC

I am not clear on the effective date either. They say in one place that you were diagnosed with IHD in 2001 and had an AICD placed in 2007. But later they said the law was changed August 31, 2010 and that you were diagnosed with the condition in August 2009. It says that since you did not ask for a review until October 2011 - which was more than one year after the change in law, that you are only granted benefits back to August 2010 - when the law changed. But it looks like you had a PENDING CLAIM when the law changed. The claim was filed April 2011 (within one year of the change in law). And the review you asked for (that they said was more than a year after the change in law) was actually a timely filed NOD on the October 2011 decision on a PENDING CLAIM. So I am not getting the part where they said you asked for a review a year past the change in law. Your claim was pending at that time. Filed Claim 4/2011. IHD with ICD , first time ever filed. Denied 10/2011 Appealed to RO 2011 NOD 11/2012 VSO requested formal meeting with DRO ( did not know this was option) 9/2012 Filed for DM 2 presumptive with new stronger evidence for perimeter duty 4/2012 Met with DRO for interview with mention of 100% by VSO and reviewer, new evidence used 9/2013 DM2 approved 20% presumptive for Herbicide/AO Thailand,DM2 retro back to file date 10/2013 Appeal closed approved at 30% retro to 8/2010 which I think is the correct effective date for Thailand guys and per my 2 years studying this topic. In reading the decision , they bounced around so much and I can see that they cut and pasted out of the orginal denial. I don't think the DRO wrote this up. I think once the DM became presumptive , I notified them and asked why IHD was also not presumptive. I think someone picked it up and said , look this is presumptive and sent out the letter. Thanks for all comments. Patsy and JIm

Thanks for replying. I agree they messed this one up. Now to fix it ..............

I submitted one in July of this year at their request. It is just a process letting them know you have given them all your info for your claim and they can proceed to decision. I must admit my claim picked up right after I sent the document in to them and closed 2 months later. JC

My skills limit me to converting , please see attachment. So Why not grant 100 % for IHD and AICD retro to 2010. Did I fail the last 2 years of learning . Please advise all you heart people. Confused . JC and wife Colwell IHD with AICD.pdf

Berta, and others. I have attached the key pages of my IHD rating with ICD. Why did I not get 100 %. I have read regs for Cardiac and on the last one it states " OR " AICD. I do have HTN , is that the reason. I am lost as to why I only got 30 %. Thoughts appreciated. JC and wife Colwell IHD with AICD.pdf

Husband , just returned from RO. DAV gave partial copy of what we needed to see. Rated : 7005 Arteriosclerotic heart disease ( CAD) 30% granted retro to 9/1/2010. ( big $$ difference as retro to 2010 )No mention of ICD yet. I don't have the detail decision from VA on reason for low rating. JC

Waiting for BBE. No codes known yet. 1. They called last week from RO with a verbal rating of 30 % for IHD. I think combined rating is 40%. After shut down over we called them no one confessed to calling us. 2. I have 2 things in appeal for 2 years. IHD with ICD, and Chronic renal disease, they denied my GERD. ( got BBE)Renal wont have a chance since it would be secondary to IHD 3. Regular claim for DM2 ( presumptive ) was approved and paided before shutdown at 20 %. ( other things denied and BBE received) VSO said get the BBE and we can file a Appeal...I did think of slapping him..........some may be johnny on spot but I am firing this guy as soon as I can start gritting my teeth Thanks for replying

DM2 approved presumptive for AO/Herbicide or what ever you call it for Thailand. Appeal 2 years ago at RO per Peggy rated today at 20% for IHD and AICD effective 12/2012. I filed 4/2011 for IHD and ICD. I faxed a cue to VA RO and Appeal center with medical record evidence of IHD and AICD etc. Am I missing something here, thought this would be 100 % due to AICD inserted in 2007.DRO practically said so in the interview. I have requested a copy of DRO interview report which will take some time. Why would AICD be denied ? Did I screw up somewhere? VSO is not useful at all. I am fully aware of appeal rights with BVA but don't want to thnk of going back down that road after 2 years. Semi-pissed.JC

That is fabulous. JC

Something is missing. Most likely it might be outside medical records from your private physicians etc. I suggest you not wait on the VA to submit anything. Go to these offices and get copies and take to VA if you can. Of course always keep a copy for yourself. It will go faster if you track stuff down. JC

Thanks. We have not received our BBE for the IHD with ICD but just a phone from RO right before they shut down. We have already submitted fax to appeal center and Ro along with proof of insertion of ICD in 2007 with H and P. Hoping we can get to them before they type up the paper work for the 30%. Trust me I am all over this one. Thanks for your continued direction. JC ( RN wife does all the work )

I have a AICD and approved recently for presumptive for Thailand for Herbicide /AO. They rated me at 30 % for IHD. The AICD was all over my records . I would highly suggest you make sure they done miss this . I now have to do a CUE after 2.5 years of waiting. JC

Best of my limited knowledge it would fall under #1 . Thanks for the links . I email the layers as you suggested . Will let you know . JC 1) If a claim is reviewed on the initiative of VA within 1 year from the effective date of the law or VA issue,( REg was 8/2010 ) or at the request of a claimant received within 1 year from that date( filed 4/2011 ), benefits may be authorized from the effective date of the law or VA issue.( first reg on this published in 8/2010 )

No not VN , filed as direct exposure as security augmentee in Thailand 1970. No explanations till paper work arrives per them. JC

No it is not Nehmer. The claim would fall under the Liberalized law regulations of 8/2010 as noted below. he explains it better than I can. (38 CFR 3.114,). We got this moving due to appeal center who we called last week. We have contacted them this am but since they are closing at COB today we might again get to wait a long time. Thanks Berta A pacemaker requires a 100% for 2 months and then can be rated as low as 10% unless the heart disease symptoms would justify a higher rating.. The AICD requires a 100% period. And yes, if you applied within one year of 8-1010, your effective date would be 8-2010 with comp beginning on 9-2010. Has your claim been pending that long? (This is not required under Nehmer, but rather under 38 CFR 3.114, the liberalized law regulation. I'm not really sure that Nehmer applies to vets other than those who served in Vietnam itself, but if it did apply it would justify an effective date from the date you claimed IHD or as ar backas 1985 at the earliest.) Wait for your decision letter. Ivac

Phoenix RO called today after I spoke to appeal center on Friday. I am already 20 % for DM2 presumptive 10/2013. They approved today after 2 year wait for IHD 30 %. I have a ICD and it is documented all over the record. They retro me back to 4/2011 claim filing date. Under the Nehmer liberalizing rules I believe my retro date should be 8/2010 since I filed with in one year of the regs. Suggestions on how to proceed. Is this a Cue ? I will see VSO but he has not been much help. Thanks

Thank you Carlie and Bevo , that is what I was looking for. Thanks

Glad to see you continue to be one of the most nasty hateful people on this site. You need to get yourself a drink and stop the cussing. If I was a veteran in a desperate situation you could have pushed myself or someone else over the edge with that attitude. it was a simple question which you clearly cant answer so just shut up and don't respond. JC

Other sites stating all Appeals by DRO and RO will stop on Tuesday ? Rumor or fact ? JC

His contribution to all veterans was great. He was a great advocate for all veterans. We bow to his service and he will be missed by many. Thanks Carlie for sharing. JC Thailand Veteran 1970

http://www.westin553.net/batcat21.htm Check this site if you have not already. JC

Have you visited the Yuku.com/forums site. Go there look at the Agent orange section , then go to section for filing for Thailand . There are maps of Korat but not sure if it will help or not. Lot of info on Korat. Hope this helps

No pay increase showed , just percentage. JC