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joe appel

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Posts posted by joe appel

  1. 1 hour ago, Berta said:

    I am glad those friends told you to apply.

    The AO IHD regulations came out in 2010 and I bet there are still Vietnam vets with IHD, or Parkinsons, or Hairly Cell B cancer that were recognized as presumptive to AO in 2010....that do not know they should file a claim.

    If they were ever denied in the past with a rating next to one of above as "NSC"- they fall under Nehmer footnote One ( explained here under a search) for a very favorable EED.

    It bothers me a lot that only the online veterans community seems to really be aware of all of the AO presumpives.

    The 2010 AO changes got minimal attention from the National news media.

    So am I, thanks for the response. I guess my only concern is losing the 100%, that gave me ability to retire. 

  2. 2 hours ago, broncovet said:

    Given they have apparently scheduled a reduction exam in Feb. 2019, this would indicate its not a temporary convalescent rating.   Did you get backpay to Oct. 2017?  This would indicate to me its not a convalescent rating but rather a temporary one.  

    Again, unless this is convalescent, I doubt they would lower a 71 year old's rating because he improved.  Remember, VA comp is designed to replace your potential income, so what kind of work can a 71 year old with a coronary bypass do?  

    Yes, I got a check in Jan 2018 for back pay retro April 2017 when I first applied.  I called unsure if I should keep it, and they said the check is mine, not to worry, however I will be re-evaluated Jan 2019. I work part-time (4 days a week) doing financing at a car dealership, only because i'm sick of staying at home.

  3. 3 hours ago, Berta said:

    These BVA decisions hold some rating info:

    
    2.  The criteria for a 100 percent rating for CAD, status 
    post bypass surgery associated with hypertension, have been 
    met effective April 28, 2005, but the criteria for a rating 
    greater than 60 percent prior to this time have not been met.  
    38 U.S.C.A. §§ 1155, 5107(b) (West 2002); 38 C.F.R. §§ 4.1-
    4.14, 4.104, Diagnostic Codes (DC's) 7005, 7017 (2008).
    

    https://www.va.gov/vetapp09/files1/0909390.txt

    Also this case states:

    
    "The Veteran was granted his 30 and 60 percent disability 
    ratings under 38 C.F.R. § 4.104, Diagnostic Codes 7005 and 
    7019.  Diagnostic Code 7005 is for arteriosclerotic heart 
    disease (coronary artery disease) and Diagnostic Code 7017 is 
    for coronary bypass surgery.  
    
    Under 38 C.F.R. § 4.104, Diagnostic Code 7005  and Diagnostic 
    Code 7017 have the same rating criteria with the exception 
    that Diagnostic Code 7017 allows for a 100 percent disability 
    rating for three months following hospital admission for 
    surgery.  Under 38 C.F.R. § 4.104, Diagnostic Code 7005 and 
    Diagnostic Code 7017 a 10 percent disability rating is 
    warranted when workload of greater than 7 METs but not 
    greater than 10 METs results in dyspnea, fatigue, angina, 
    dizziness, or syncope, or; when continuous medication is 
    required.  A 30 percent disability rating is warranted when 
    there is workload of greater than 5 METs but not greater than 
    7 METs results in dyspnea, fatigue, angina, dizziness, or 
    syncope, or; evidence of cardiac hypertrophy or dilatation on 
    electrocardiogram, echocardiogram, or X-ray.  A 60 percent 
    disability rating is warranted when there is more than one 
    episode of acute congestive heart failure  in the past year, 
    or; workload of greater than 3 METs  but not greater than 5 
    METs results in dyspnea, fatigue, angina, dizziness, or 
    syncope, or; left  ventricular dysfunction with an ejection 
    fraction  of 30 to 50 percent.  A 100 percent disability 
    rating is warranted when there is chronic congestive heart 
    failure or; workload of 3 METs or less results in dyspnea, 
    fatigue, angina, dizziness, or syncope, or; left ventricular 
    dysfunction with an ejection fraction of less than 30 
    percent.  
    
    Note (2) states that if a laboratory determination of METs by 
    exercise testing cannot be done for medical reasons, and 
    estimation by a medical examiner of the level of activity 
    (expressed in METs and supported by specific examples, such 
    as slow stair climbing or shovelling snow) that results in 
    dyspnea, fatigue, angina, dizziness or syncope may be used."
    

    https://www.va.gov/vetapp09/files2/0913774.txt

    Both above cases considered the veteran's hypertension and show how the ratings are dependent upon ECHO results.

    You mentioned Vietnam.

    Did you ever file  a past claim for CAD that VA denied?

    Reason I ask- CAD ( ischemic IHD ) is an Agent Orange presumptive.

    i had a stent put in in 2005. I applied in April 2017 at the suggestion of friends that the stent is probably related to AO. The VA sent me to a Dr. in Aug, 17 and he said the stent was definitely AO related. They gave me a 0% rating in Sept of 2017. In Oct 2017 I had triple Bypass, and the VA re opened the case and changed the rating to 100% temporary. 

     

     

     

     

  4. Have a question:

    Am 70 years old, served in Navy 66-70, was in SAR (search and rescue) helicopter squadron from 68-69, did 3 3-4 month tours in Nam . Got triple-bypass in October of last year, and VA awarded me temporary 100 disability in Feburary of this year.  The awards letter states that I will be re-evaluated Jan of 2019. 

    Anyone have any experience with this, meaning at my age could they lower it. I was told by a few doctors that there is no cure for coronary artery disease, and chances of lowering the 100% is slim.

     

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