stillhere

looks like I answered you in the wrong thread. Here is the link to the gov site and the new law. Notice the date for final action 12/00/2010 that has not changed. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=2900-AN54

The link below will take you to the law as being discussed. In the box where is says final action the date is 12/2010 That is why I say this will not happen till then. I hope it happens sooner there are many deserving vets out there waiting that have been denied before and just as many widows too. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=2900-AN54

When veterans file for anything they usually send in a letter of support for their conditions that will touch on the symptoms they are having. At least I did. In 2003 when I filed my first claim not only was I diagnosed with DM2 but my private doctor was concerned about is affect on my heart. They sent me in for a complete stress and echo even though ekg's and blood work did not show anything. BUT I was having chest pains at the time and felt something wasn't right. After my work up they said again that I was fine but did note that I had a very low left ventricle ejection of 50%. They wanted to do an angio but first wanted me to start on some meds and lose weight. In the meantime I was awarded dm2 as I said with PN and 40% total but denied for my chest pains which they stated was not heart disease. All the VA did at the time was a walking treadmill and blood work and ecg. they did not even comment on my cardiogram at all and denied me. At that time being new like you are now, I took what the gave me and believed my heat was fine. I waited almost a year to file a NOD because I had been rushed to and taken myself to er a few times because of the pain I was having in my chest. Even my PCP at the VA who I was now using for my health care told me that if I ever had chest pains to go to the ER. Well the VA again had a C&P and still ONLY did a walking treadmill and blood work. In the SOC they stated while I did have hyperdemia I was denied. This was in June of 05 in October a had not one but two heart attacks over a weekend and rushed to ER for emergency stents and angio. I had blockages of 100%/70/ and 40% I have since had another stent placed. After I got well enough I sent in my claim for the temporary 100% for heart attack and the VA granted it but only to the date of my heart attack! I am now claiming for an earlier effective date based on IHD being added to the presumptive list back to 2003. I also pointed out that with an LVE of 50% per VA standards they either should have granted 60% or scheduled an angio test to find out why the abnormal reading. Their health care almost killed me at 52!! Sorry so long but I wanted you to see how Nehmer could come into play.

Below is what I believe to be a form letter response from my senator Webb on his amendment. The reason I said this is a form letter is because I asked him very specific questions as to why he is doing with this. Mr Webb as I pointed out the congress in 1991 passed a law giving the secretary of the VA the discretion to add presumptives to the list based on the recommendation or should I say the scientific evaluation of the IOM. As far as I see this it is just a bunch of grandstanding on your part. The scientific evidence is posted on the IOM website and all you or your staff need to do is just like everyone else read it. The congress has more important things to do that to make changes and reviews to existing laws. What is next for Mr. Webb the entire Agent Orange Presumptives list?? As a Vietnam Veteran with a "boots on ground" I find your hanling of this as disgraceful to the many Vietnam vets who have died of these diseases over the past 4o years. After that long a fight and to finally get what we deserve you come along and throw the cloud of suspicion over it. Shame on you as a Vietnam combat veteran I certainly expected more! July 29, 2010 Dear Mr.XXXXX: Thank you for contacting my office regarding veterans affected by Agent Orange. I appreciate your taking the time to share your views. Our nation has a special obligation to provide health care to our service members and veterans, particularly those with an injury or illness resulting from their service. I have spent my entire adult life advocating on behalf of veterans and will continue to fight for the best interests of the men and women who serve our nation in uniform. Furthermore, from 1977 to 1981 I had the honor of serving as a full committee counsel on the House Committee on Veterans' Affairs, and spent a great deal of time working on this specific issue. On March 25, 2010, the Secretary of the Department of Veterans Affairs (VA) announced his intention to add B-cell Leukemia, Parkinson's disease, and coronary artery disease to the list of presumptive conditions associated with exposure to Agent Orange. This decision was taken without full consultation with the Congress. Consequently, during consideration of the bill to provide funding for this determination, I introduced an amendment clarifying that under existing law the VA is required to provide a 60-day congressional review period prior to spending funds under the proposed new regulation. I am a staunch defender of Congress's constitutional oversight responsibility. To that end, I have requested that the VA provide the scientific data used by the Secretary to make his determination. He is now scheduled to do so in a hearing that will be held in September. As a Vietnam combat veteran, former full committee counsel to the House Committee on Veterans' Affairs, and as a current member of the Senate Committees on Armed Services and Veterans' Affairs, I take a back seat to no one in my concern for our veterans. Your views on veterans affected by Agent Orange are very helpful to me and my staff, and I hope that you will continue to share your views with us in the years ahead. I would also invite you to visit my website at www.webb.senate.gov for regular updates about my activities and positions on matters that are important to Virginia and our nation. Thank you once again for contacting my office. Sincerely, Jim Webb United States Senator JW: pd

looks like it is well on it's way now to being in acted but I still think it will be Dec. before any of us see anything.

If Nehmer is allowed in the IHD and the other issues up for approval I would say yes you will be approved. It may get a little tricky but you should get retro back to 05 the date of his heart attack.

I am going through a similar situation with my 29 year old son waiting to go back and finish his BS but I am trying to get the state to help. They actually state 16-29 but it does say between the two. Not sure how this is going to work out. In your case I would send in the application and wait for an answer or call the 800# and go to the option for education and ask them. You might also check with your state benefits and see if they offer anything. May state offers all kinds of help and aid including tuition free and a stipend.

OK RSG bear with me here because I may make you a little upset first before I can suggest some help. Quite honestly I see nothing in that decision from the BVA that says they agree with you but that is only my opinion. Your problem right now requires a lawyer. A lawyer can supenoa statements from carequest, autozone and any one else. There appears to be good money here for a lawyer if you can get one to take it. Hell I know I would. The other thing have you considered to have your state Better Business Bureue to handle it? If these guys know that you mean business believe me you WILL get a report!! Put some pressure on them where it hurts in their pocket like they are doing to you.. Good Luck!

If I were you I would check with the RO there was a case not long ago made the news and all. That a lot of you new vets (I am old Vietnam LOL) anyhow the fact was that you were all lowballed at the time and is was supposed to be corrected to 50%. As far as the TBI put in a claim and tell them why! Thank you for your GREAT service and tell your wife the same. Take a look around and go to the Vet Center they are they to help you guys!! use it Please!

I am wondering if there is a possibility of a 1151 or tort claim here? One thing I do want to tell you is that if you have ANY problems during the stress test with QTC have them stop the test and take appropriate action! Stress tests have been know to bring on heart attacks. The VA requested a stress test on me not to and I had my private cardio doc approve it first. He would not approve a walking one but I did try and we ended up having to do a non exercise test. In 2003 I filed for chest pains and was told by the QTC tester that I was fine yet my LVE was at 50% and the VA denied my claim. I appealed in late 04 and was given another QTC stress test and denied in June of 05. I had a heart attack in Oct.05 and am living now with a 40% damaged heart muscle. Not trying to scare you mind you but as you are finding out dealing with the heart make sure you are getting good info and read up on taking care of yourself. Oh yeah in Oct. 05 they found blockages of 100%/70%/40% now they did not happen over night!!

Well looks like they are trying to make all or as many as they can aware that this has been done. I consider that I good thing!

I think I remember your problem or one just similar. You definitely have a case for a NOD appeal or a reconsideration. While the reconsideration would be faster you are going to need some type of evidence to support this or something that you are sure they did not look at. From reading that write up I would put you at 70% or at least 50% there is no way unless I am missing something that makes you 30%!

Thanks Pete, I have read that section many times and have been in many discussions with vets about it. There seems to always be a bunch of hard cases that insist if you can't work then you can't work period. I like you do not believe this to be true and can not see folks sitting around doing nothing until they die! Even on SS you are allowed to make a few bucks! If Tami wants and if she gets 100% by way of IU she can try to keep working and the VA will take it away. She could keep working until her MS is to much to handle and then apply for IU or increase. It is pretty clear she is in control here and not the VA.

Tami, It looks like the VA is going to go a head and look at whether they feel they should grant you IU and this happens when someone gets close to 100% and their disease is life threatening. I applied for increase for my heart disease and actually told them to please consider me for IU if they did not give me schedular. They not only gave me 100% but also housebound and made it all P&T. Your claim may work out for you yet. As far as you working part time for as long as you can as long as you don't make over the poverty amount I think that is what the 800# was talking about. That subject gets beat around quite a bit, some feel if you file that you can not work then you can't. I have not decided myself if I want to work a little or just volunteer to make my days feel like something. If I were you and you really feel like you do not want IU I believe you can wait and see how your award goes and if they award 100% then your fine to work and If they award the IU send them a letter and tell them you did not want that. If I were you though I would think long and hard about that. good luck to you!

I would have too! Congrats! The reason don't don't feel great right now is because you are done messing with them after so long!! What are you going to do now?? Enjoy it! Thats what and have a fine time getting your ID and using base stuff if you want. Get some more insurance and just kick back! And like Joe Namath says in the commercial about the Super Bowl look in the mirror and say I did it!!

RSG, I would recommend the lawyer too. The good thing is you just really hand it to them and let them do their thing and you can once again relax for a change. Does cost a few bucks but what have you got now? You mention you went to the BVA before and they feel you should be comped. Was that for the same issue? Also remember any case that is decided by the BVA is eventually posted in it's entirety on the internet but of course no names and personal info is listed. These are used as a great resource for all deserving veterans out there on how to see what won for someone else. I still wish you the best whatever you decide!

Just to throw in I was recently granted 100% P&T and housebound. I like a few of the others did not file for housebound but was awarded it because of having other issues that added up to over 60%. But I am pretty sure you can file for it because of a illness that keeps you inside.

I am at a disadvantage here. Berta seems to have a good handle on your claim and I am not sure what I could add at this point. You are in very good hands! I will say that I find it a shame that you are going to have to go the BVA route to get approved for something that Berta feels is a virtual slam dunk approval. The only good thing other than you finally getting approved coming out of this is the fact your retro will be quite substantial when you do get approved!!

hard to say with such little info you have posted. if you would like some help let us know a few things about your claim. Being denied does not mean you are wrong maybe you have not presented your case well enough. IU often times is granted or denied based on the info supplied.

you have been given quite a bit of very good advice and would recommend you file and let the VA figure out your rating. Your C&P will help with that. One thing I want to add though after reading yours posts. With the vets of the present wars the VA is now offering health care for 5 years after your discharge. I personally find this very good and wish it had been there when I got out. Heath care around the country as you have pointed out is quite a bit different from one MC to the next. Good Luck!

Are you asking a question?? Why post 4/5 times on the same thing? Anyhow the VA does not do a C&P all the time NO. It is at the discretion of the rater as to if they will need further testing to grant an increase or a reduction. In quite a few cases IF your are going to the VA for health care they can use the medical records but if there is not enough there or if they have doubts they will order a C&P. Have a nice day!

Congratulations!! Take care!

Yeah that is the question Larry sorry I wasn't that clear. The first time I went down to the office I took the form for my medical records release and I saw a clerk and she said I do not have to bring my medical records but. I plan to take all that I have to them either Monday/Tuesday and want to make sure it gets reviewed. I just filed so I don't it has been granted. I also thought there was a program being started where if the VA deemed you 100% and or IU that the SS was going to go by that and we would not have to have other medical records. Guess that did not happen?? To easy!

Well did the application online for SS and I plan on going back down to the SS office and giving them my medical records and my letter of support for my claim. Patrick's self help guide. Will this be OK and will catch up with my file and be reviewed? Or have I screwed up by not submitting them with everything else?