stillhere

Hi Berta, I would like to weigh in if I may. While I do not have Cue experience I have been dealing with the VA on more than one claim at a time and have a BVA appeal in at present. As you know I was denied for my EED on my IHD award and I am working on getting more supporting evidence on order to ask for a reconsideration. The 800# people do not know their from a hole in the ground. I do not believe for one minute what they told you and do not find it logical to the way the VA works! You have a cue that is ready for the BVA so it will be sent and the Nehmer IHD is at Togus I think you said. You should be getting award letters or denials on both of these. At least that is my take on this. I also feel you WILL get awarded on both and not denied! Happy Holidays to you and live long enough to make the VA sorry they ever ignored you in the passed.

I have in the past had the RO grant a claim based on the information from a QTC exam that I did not apply for. This is why I feel there is the possibility for the EED to be used. When I first applied in 2003 it was for DM2 the exam showed that I not only had DM2 but also PN and ED. Now even though I was not applying for those conditions, because I was DXed with them at the C&P I was awarded them! Made for a nice surprise. Instead of being just 10% for DM2 I was given 40% for DM2/PN lower/and SMC-K. Ironically I did not get IHD because their test found none! My point is I feel it is just like playing poker with th friends. The cards speak for themselves. In this case the vets medical records speak for themselves. So I feel that if you have a DX for IHD in your medical files there is a possibility that the date of that exam could be considered for the vets date. Now in the case of a private doctor's exam this will not work unless the VA had the information while doing another part of the claim. of course I could be totally wrong but I feel this a scenario that could happen!

I agree, please let us know how this works!

Yes, there is always the possibility that the VA could see clear to raise a % to 100% for one disease IF the syptoms have become worse. This just happened to me on my heart condition after a C&P for increase.

I agree and thanks for the replys. Hopefully this will all be over sooner than later.

i think this is what he is talking about: http://www.nvlsp.org/Information/PressRoom/10-0601-ClassActionLawsuit.htm

Papa, Berta is absolutely correct!! Ask your cardio doctor and if he/she says it is ask them to give you a letter as to how. One question though are you dealing with a VA doctor or private cardio dr? The statement I am about to make I can not proof but I do not trust any VA doctor to back up anything that is going to help a vet!! Now that being said I want you to know I am 100% for my heart and almost died because the VA doc's said I did not have heart disease! I used a private hospital when I had my heart attack and it was only 30 days after my heart exam by the VA so you can see I am BIAS! I feel the only way to stay alive if you use the VA docs is to ask question and if you don't like their answers run like hell to a private hospital!! Good luck to you!

Right but I still am confused. If I filed in July but was out of work since April which would they use as the award date? If I am getting you right and they use April as the award date my retro would go back 3 months? If they use July it could be only 1 month. Is that what you mean?

I think this attorney is referring to the recent veterans from Iraq/Afghanistan that were low balled when they first came home and they were all reestablished at 50%. Check with the Va.Gov site I seem to recall a press release a couple of years back about this.

I agree with Berta somewhat BUT if the VA has it in your records that they knew you had CAD/IHD they could, might maybe will consider another earlier date! keep your fingers and toes crossed and let us know. This would be handled under Nehmer and would be called an inferred claim BUT again there is a lot of grey areas there!!

She should be in shock 3 years for a claim at an RO!!! Which RO is this Roanoke? Wish you the best and have fun with the retro!! To bad we can not sue for interest!

I once went to the hospital where I had my heart surgery and had to pay for copies and also to one of my private doctors and again was charged. But I have never heard of the VA requesting copies and sending the bill to the vet! If the VA requested them then they should be paying not the vet. This smells awful fishy if you ask me!

After rereading your post it does state 180 days so you in essence may still be eligible for a general discharge. This is going to be solely up to what the board decide I think. I would suggest if you haven't done already you write a detailed statement that hopefully you can proof with evidence as to why you went AWOL. I am surprised that you have not been charged with going AWOL at a time of WAR? That may be the break you need.

You are not offered the uncharacterized discharge, this law did not change until 1982 as you noted. That is 10 years after you were discharged if I read what you posted correctly. You are governed by the laws that were in place at the time of your discharge. I would think. Pertaining to those laws is, there any definition of what the military considers a prolonged AWOL?? 75 days seems like a long time to me but there should be some guide lines there for you to go by.

OK hearing test out of the way a couple of hours ago. The examiner doing the testing stated afterward that I was entitled to disability based on my test! I also showed him my 5 or six tests over the years one, from Galludete in 1983 and a couple just last year from VA and a private audiologist and his test was in the same general area. He also mentioned that the SSA has changed the way they test for hearing disability now. Before they used to require with and without hearing aids and now they just require testing without. He was going to fax in the results today so that I hope will finish me up with this and they can grant my disability payments. I still find it odd that they even needed these last two test mental/hearing when they are all part of my VA medical files?? Oh well all is done now. Quick question on how payments will work. I was forced to resign in April of this year and filed my claim on the 20TH of July. Will they retro me to April or July? Thanks all and glad this mess is hopefully over for now! Merry Christmas! and Happy Holidays to all!!!

How did you send your records to SSA? If you sent by registered mail or one of the other secure ways of sending I would look into having it tracked. As sending to the VA you should always send personal records bu a service where a signature is required or you have the ability to track. Such as UPS/FEDEX. Sorry I do not have an answer as to who you can hold responsible in your case.

Also as John states below you are going to need a Doctor to say that your pad is caused by one of your SC conditions to get it secondary. Good Luck!

Maybe it takes 3 appointments a month for you to hit your required 18$ amount per month? How far do you travel to get to your VAMC? I am 100% too but am still hit with the requirement of the 18$ (3 visits) bucks per month. Must be something in the rules/laws that say this? I have asked before about mileage claims that I failed to submit and they tell me that there is a 30 day limit. If you do not submit before the 30 days is up you lose!

Way to go! Hope it makes Santa's list!

Berta, I have heard of PAD being awarded as secondary to IHD and also secondary to DIABETES 2 I will have to do some research and get some BVA cases for durock but beyond that. I have recently heard of a IHD claim that included a PAD connection. Durock I am suprised you have not heard or been awarded on your claim yet! I heard of a vietnam vet just recently who was waiting for his award and the wife just posted last week he had a massive heart attack and died! I personally am so sorry for her and him and this just gets by blood boiling mad at the VA!! While they have been very good to me and I am still living it just breaks my heart to have this ocurring!! The VA needs to address these claim faster! This is not like cancer or any of the other diseases. We do not know if our last breath will be our last!!

Berta, Thanks for the post! I see where they are asking for emails from Nehmer vets that are granted so they can check for the proper award date. What about in my case where I was denied or for that matter any vet that is denied again??

just back from the SSDI shrink. Went OK. He told me at the end that his write up will go in tonight and he felt I would be fine. I asked do you mean fully favorable and he said he could not tell me that but he did say again you will be fine! So I hope I am taking this right? I guess I will find out. Now I have to have a hearing test next week. That should not be any problem at all. Time almost to sit and wait again.

Berta, And all tomorrow AM I will be going to the heart evaluation company that did my 2002 echo and ask them after a discussion to elaborate on their findings in 2002. I am hoping a letter from them would help establish the fact that CAD/IHD was indeed present then. I also plan to see the DM2 that first sent me to that exam and their position on my heart risks under their care. I am hoping with these two letters and one my from current cardio doc explaining how the progression of my blockages.

I think letting go of things that have happened in the past is very hard for us. I know for a fact and have acted this way many times. You do not want to wrong me because I do not play nice and I hold a grudge for like forever!! If you are in treatment at a vet center, I would suggest talking it over and bringing it out so you can try and get it in control!

Thanks Berta I was hoping you would reply, From reading about your husbands murder I felt we have some common areas. *First applied in 2003 Dxed with DM2/Hypertension/PN/ED denied heart pain after walking treadmill and ekg. But started drug treatment with lipitor and zocor by PCP. In c-folder was report from private heart evaluation center (echo) that showed 50% LVE calculated from 2002. *Appealed 2004 after still having angina and given a C&P in 05 Sept. denied again after walking treadmill and ekg but in SOC mentions Hyperlipdemia. *Oct. 24th 05 Heart attack over weekend (doctor said I had 2) ignored went to private doc on Monday and rushed to ER for emergency angio after EKG at his office. 2 stents placed and blockages noted of 100%/90%/50%. Heart disease granted secondary to DM2/hypertension only back to date of heart attack. Listed as MI/with CAD secondary to DM2. *Filed for IHD for EED on Oct. 09 when added to Presumatives asking for earlier date and 60% Denied on Nov.30th 2010. That pretty much sums it up and I hope (think) I answered all the questions. Please let me know what you and anyone else thinks. Would appreciate it! By the way they did not change my current 100% any and noted that in my denial.