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aboogger
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Posts posted by aboogger
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"I reminded the VARO during my claim and appeals that I had filed back then and that they would have the original claim file along with the denial letter for compensation and the award letter for NSC Pension for CAD.....".
GOOD for you -I reminded VA of a prior IHD denial I had in 1995 I think it was.
An SSA award for IHD is independent medical evidence of unemployablity. During my tdiu p & t appeal, the VA used my SSDI award letter which in the SSDI award it so stated my SSDI was due to Chronic Ischemic Heart Disease...not just heart disease or anything else, it so stated Chronic IHD...
Did you receive the actual decision yet? or was this a heads up from your rep? YES, I received the official award letter Saturday...and they also granted my wife full benefits as well.
What did the decision say as to Nehmer? I saw some recent BVA cases with IHD due to AO that BVA stayed until the regs are posted. In the award letter it stated the following: (NOTE TO VETERAN: Your claim for an earlier effective date for heart disease as due to Agent Orange exposure under the Nehmer Law is pending. Final regulations will be available sometime after October 31, 2010. Therefore, you will be notified of a decision on your claim sometime after the final regulations are available.)
Maybe they arent going to apply Nehmer to your claim yet? Until the regs are published formally.
NVLSP wants to hear from any vet or widow with a new claim under Nehmer. I have been in contact with NVLSP and they have all my information and they advised me to let them know what effective date they give me once a decision under Nehmer has been awarded. It the VA gives me an effective date back to only 2001, then the NVLSP wants me to advise them as they told me my effective date should be back to 1995.
They request email to agentorange@nvlsp.org
They need your name, C file number, your email and phone number and address, date of original claim for any new AO presumptive in the pending regs that was denied,(or a good guess on that date) and date you filed the new AO claim.
You will receive basically the same email response I got:
"Dear Ms. Simmons:
Thank you for your email. The National Veterans Legal Services Program will ensure that the VA reviews your case to determine your eligibility for retroactive Agent Orange-related benefits. The VA published its final regulation adding ischemic heart disease, Parkinson’s disease, and B cell leukemias to its list of Agent Orange-related diseases on August 31, 2010. Before benefits can be paid, there is a two month Congressional review period. After the review period, the VA will begin finalizing decisions in cases such as yours regarding entitlement to retroactive Agent Orange-related benefits. As this process may be lengthy, please keep us informed if your contact information changes. Additionally, please let us know when you receive a decision from the VA regarding your eligibility for such benefits.
Sincerely,
National Veterans Legal Services Program"
NVLSP won Nehmer so they dont want the VA to mess around with Nehmer retros again (as they did in the late 1990s)
and they are collecting a data base of sorts to keep an eye on these claims.
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WOW -an IHD AO Award!!!!!!
This s good news!
I agree with NVLSP on that retro date-if the opriginal IHD claim was filed in Nov 1995 and denied.
The rating however- not sure at all- was the SSDI award solely for the IHD and and /or any other SC conditions?
Berta...Yes, when I was awarded SSDI back in 1996 with an effective date back to November 1995, my SSDI was for Chronic Ischemic Heart Disease, and that's how it's documented in My SSDI Award Letter. As I stated, when I filed for SSDI in Nov 95, The social security admin, told me to file with the VA. I filed the C and P for Coronary Artery Disease with a VSO back then. I reminded the VARO during my claim and appeals that I had filed back then and that they would have the original claim file along with the denial letter for compensation and the award letter for NSC Pension for CAD.....
The decision will tell you more and we can help more when we learn of the retro dates they used.
Although I'm rated at 60 percent with TDIU/ P & T and will be paid at 100 percent, I'm wondering how they will rate me beyond 2-2008 under the Nehmer Review....as my TDIU award has an effective date back to 2-2008 ( That's when I reopened my claim for CAD with new and material evidence)...
In 1991 at the age of 41 I had an emergency 5 bypass and up to 1995 when I filed for SSDI and VA, I had suffered at least 3 or 4 heart attacks...and up to now I've had 8 heart attacks...
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After 9 1/2 years I finally WON....I was granted an increase to 60 percent for IHD and also awarded TDIU P & T with an effective date back to 2-2008. I was first denied in 2002 after filing in 2001 for IHD due to AO but IHD back then was not a presumptive. MY IHD is secondary to SC Hypertension. In my award letter yesterday it so stated that I will come under Nehmer Review once the New Rule for IHD is final.
OK..Here's my question: Now that I'm rated at 60 percent but also awarded TDIU / P and T and with NO FUTURE EXAMS, how will I be rated under Nehmer??..My backpay on this TDIU award will go back to 2-2008...so when I'm approved for Nehmer, I know my effective date should go back to 7-2001 and up to 1-2008, but under what Percentage will the Retro be paid.???....Or will they (VA) rate me separate for the Nehmer Rule and pay back pay under that rating....
Questions I can not find or get answers....
According to NVLSP, the VA should retro me back to November 1995 as when I filed for SSDI back then I also filed for C and P with the VA...Got denied Compensation SC for IHD but in Jan1996 I was awarded a Non-Service Connection PENSION for IHD...btw...I also was awarded SSDI for Chronic Ischemic Heart Disease in 1996 as well...
During my appeal for IU my SSDI was considered in my TDIU award...and it so states in my SSDI award that I had CHRONIC ISCHEMIC HEART DISEASE back then...even before I knew anything about Agent Orange...
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If the VA OMB and congress screw around it is going to be another six months before they bother to even to start the process to award the 3 AO's...
Is anyone surprised, at the rate 0f 325 RVN vets getting a dirt knap each day.... how many more of us are going to be dead ?
do the math 180 days times 325 equals/////// ???? dead veterans not getting compensation
any one see a link ?
So much for rushing around getting this on the Federal Register and shorting the comments period to 30 days instead of 60 or 90......Just as ALWAYS.....the Vietnam Vets are left sucking the hind tit....What happened to putting this on TOP PRIORITY.....Yep, just hope I'm still around but that could be doubtful with my MAJOR "ISCHEMIC HEART DISEASE" and also the possibility of having Multiple Myeloma as well...Presently being tested for it NOW by the VA......BUT rest assured my WIFE knows all there is to know on DIC....I have made sure that....So MR. VA, you might screw me but you WILL NOT screw my wife....
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This is a response to an email that was sent to Gen. Shineski about the New Rule
On behalf of Secretary Shinseki, thank you for your note. We appreciate your concern. There has been a great deal of confusion in the public concerning the Secretary’s announcement that he intended to create presumptive service connections for three diseases linked to Agent Orange. It’s unfortunate that the media coverage did not include an explanation that the law requires VA to publish both a proposed rule and a final rule in the Federal Register before the Secretary’s decision can be implemented.
Under the laws and executive orders governing the Federal rulemaking process, it normally takes agencies about two years to publish final regulations in the Code of Federal Regulations, although the Agent Orange statute in this case prescribes a much shorter timeframe. We are attempting to reconcile those laws so that veterans will not be adversely affected by delays in the Federal rulemaking process. This regulation is one of our highest priorities and we hope to complete it in less than half the time normally required, by expediting its processing within VA and by asking the Office of Management and Budget (OMB) to shorten their required review period.
We published the proposed rule, 2900-AN54, Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell Leukemia and other Chronic B Cell Leukemias, Parkinson’s Disease and Ischemic Heart Disease), in the Federal Register on March 25, 2010. We felt that we had good cause to shorten the public comment period from 60 days to 30 days in order to help make this process go a little faster. When the public comment period closed on April 26, 2010, VA had received 669 public comments on the proposed rule. Since that time, regulatory staff at the Compensation and Pension Service have been working very hard reviewing, categorizing, and responding to these comments in a final rule. We are hopeful that they can complete the drafting stage this month so that the document can be submitted for legal review and coordination within VA. Once that is completed and the Secretary approves the final rule, we must deliver the document to OMB for review. OMB is authorized by executive order to take up to 90 days to complete their review, but we will be asking them to do their best to expedite their clearance. Once the final rule clears OMB, VA will publish it in the Federal Register, usually 3 to 4 days later, and the regulation would become effective on that date of publication. Because of the enormous cost of this rule, however, AN54 is subject to another Federal law. It is considered an economically significant “major rule” under the Congressional Review Act, which requires agencies to wait 60 days after publication in the Federal Register for Congress to review final rules before they are implemented. However, that law should not interfere with VA’s processing of claims, and I understand that veterans are being encouraged to submit their claims as soon as possible, even though the regulation is not yet in effect.
I have provided this lengthy and technical explanation so that you can see why it’s difficult to predict just how soon this regulation can be published. As the Secretary’s delegate for monitoring VA’s progress in publishing important regulations, my best guess is that if all goes well with the final drafting and during the legal review, we might be able to submit the final rule to OMB for review by the end of June. If OMB needs the full 90 days to complete their review, we would expect to publish this regulation by October, 2010.
I hope this candid explanation is helpful, even though it’s not what you were hoping to hear. At least you can inform your husband and our fellow veterans that despite any other information they may have heard from other sources, you got your information “straight from the horse’s mouth.” And this regulation is moving about as quickly as it can, given all the legal requirements of the Federal rulemaking process.
If you need further information, please don’t hesitate to ask.
Sincerely,
Bob
Robert C. McFetridge
Director, Regulation Policy and Management (02REG)
Office of the General Counsel
U.S. Department of Veterans Affairs
810 Vermont Ave, N.W., Room 1064
Washington, D.C. 20420
202-461-4932
This response could have been exaggerated somewhat on the time line. At least that's my opinion
But who really knows for sure. At least there's a name, phone number, address and email addy if anyone else wants to send an email to inquiry....
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Let’s see if I can outline all this the right way:
Here’s a scenario:
Veteran files claim say in 2005, claim denied, Veteran files appeal. 2008 Veteran awarded SC of say 20 percent for a presumptive disease and receives back pay to 2005.
Now Veteran appeals for higher rating. Lets’ say in 2010 he wins his appeal for a higher rating up to say 70 percent. Now that he’s 50 percent more on his rating, Does this veteran get retro back pay of the 50 percent back to his original claim date of 2008? Or does he just start getting a higher monthly disability?
Now lets’ go a little more. Veteran appeals for IU in 2010 and later in the year the Veteran is awarded IU. Now the question again, does this veteran get retro back to 2005 for the difference between the 70 percent and the IU rating.??
I have never seen anything on this particular question before on any other forums.
Again this is just a hypothetical question.
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Get the filled form for TDIU back to them (keep copy and proof of mailing) as soon as you can to protect the EED for the claim.
"My private cardiologist has wrote his medical opinion in a Nexus that my early onset of IHD/CAD was caused by AO exposure."
Did the VA ever deny you in the past for IHD/CAD?
If so the denied claim might be the proper EED for the new claim.
And they might have to make some staged ratings.
Hard to say yet but it sounds like they are doing the right thing to consider you for TDIU.
Berta, thank you for the response, As to the IU form YES I submitted it within a couple of days of receiving it from the VARO via my VSO and I had also FAXED it to the Appeals Team. Yes I was denied for IHD/CAD when I first filed my claim for CAD due to AO back in 2001. I got denied in 2002 because CAD was not a presumptive disease at that time. When I reopened my claim in 2008 I had submitted New and Material Evidence of which the Nexus was enclosed at that time along with numerous medical records from 2006 up to 2008 and since getting awarded SC for IHD/HHD secondary to SC hypertension I have submitted additional NEW and Material Evidence. I have had numerous heart caths over the years and more recently since 2006 up to April 5, 2010 of which all of those records have been submitted as evidence.
As I have stated before I first filed for VA Pension in 1995 for CAD when I also filed for SSDI due to CAD and was awarded Non Service Connected Disability Pension in 1995 and then 7 months later I was awarded SSDI for CAD and have been on SSDI since then. When I was awarded SSDI I lost my VA Disability Pension due to the income I was receiving from SSDI but MY wife and two daughters continued getting VA Pension payments until my daughters were no longer eligible but my wife continued until I was awarded SC for Hypertension then the Pension converted to SC Compensation in 2009 with an effective date back to 2008 when I reopened my claim for CAD due to AO. I have ALWAYS noted in my claims documentation that my CAD was due to AO, except back in 1995 when I applied for the VA Pension, as I did not know about AO issues back then.
I have been told that my effective date "could" go back to 1995 but not sure how accurate that information really is, but for now I'm trying to get my effective date back to 2001. I have been in touch with the NVLSP via emails and they have all my claim information and have advised me to notify them once I'm awarded under the New Rule for CAD and AO or when the New Rule is official.
I will also contact the NVLSP in ref: to the 1995 claim for NSC Disability for CAD to see if they can advise to whether that would be worth filing an appeal on for an effective date under the Nehmer Rule.
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What is your rating now? If you are IU or 100% for ten years it does not matter what you die from your spouse gets DIC. If less than ten years you must die from SC condition. This is why you probably want a autopsy to show for sure exactly what was your cause of death so there is no doubt it is SC. This way you also get funeral paid by Uncle Sam. I am in the same boat. I am CAD for 60% secondary to AO DMII. I must be sure to die from SC condition, and avoid out of control beer trucks.
Carlie posted something regarding an 81 year old widow who had been denied DIC for 16 years by the VA, so if they can screw you and yours they will do it.
Presently I'm rated at 10 percent for CAD/HHD and 10 percent SC for hypertension. However, the va sent me a notice a few weeks ago that they had opened a New Claim for IU and sent me an IU form to fill out and send back. I did NOT request the IU. I have been appealing for a higher rating and earlier effective date. But I have been on SSDI since 1996 due to CAD and have not worked since then and the VA has my SSDI Payment records. So that makes me believe they know I'm unemployable due to CAD and there's enough evidence in my claim file that shows I do have severe CAD and low ejection fractions, from 10 percent to 35 percent.
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I think if a vet has congestive heart failure and IHD the VA is going to try and blame all vets conditions on the congestive heart failure which is not AO presumptive. I would put the kabosh on the congestive heart failure discussion with the VA.
Iwasn't diagnosed with congestive heart failure until 2008. I had already been diagnosed with IHD/CAD ini 1991 and have been since. CHF is a secondary condition to my CAD. Besides I've already been award SC for CAD secondary to SC hypertension. My private cardiologist has wrote his medical opinion in a Nexus that my early onset of IHD/CAD was caused by AO exposure.
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<h6 class="uiStreamMessage"> My private cardiologist has documented that I also suffer from occasional congestive heart failure. How would this diagnoses compare to the guidelines of "Chronic Congestive Heart Failure" per VA Guidelines?...This is additional to my severe Coronary Artery Disease. I also have severe small vessel disease as well.
These particular medical reports have been submitted as new and material evidence on my appeal for an increase rating along with having additional stents a month ago, there's also documentation of "Patient has history of prior ejection fractions as low as 10 percent but it has recovered to 35 percent"...
But my main question pertains to the congestive heart failure issue of being occasional.
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Berta,
Thank you so much for your reply.
I have not been employed since November of 1995 when my private primary care doctor and cardiologist both advised me and documented it in my records that I needed to apply for SSD because of my heart disease. The Depression came when I had to stop working and did not have any income coming in because of not being able to work. When I filed for SSD in Nov 95 it was for IHD/CAD then in April 1996 while my case was in appeals, I became severely depressed and ended up in the hospital for depression and thoughts of suicide, it was then my attorney for my SSD case contacted a adjudication officer with the SSA and had a phone conference with her and at that point she awarded me SSD for IHD and Depression. I have not been treated for depression in several years but still have bouts of depression but not to the point where I need medication or have been treated for it since back in 1996.
Several years ago SSA sent me a form as to whether I was still unable to seek employment and I filed the form stating that my doctors stated that I was not able to return to the work force and since then, I have not had anymore forms sent to me from the SSA in that regard.
This Monday I have to have another chemical induced stress test which will be performed by my private cardiologist because I'm still having unstable angina along with numerous bouts of almost passing out ( light headedness) even just after having the 5 more stents inserted in the Left Anterior Descending Artery three weeks ago. As I stated I had 5 bypasses in 1991 and since then I've lost three of those grafts which one of them was the Right Coronary Artery.
Everytime my cardiologist performs a heart cath he confers with my heart surgeon as to whether I should have bypass again and the heart surgeon opts for the stenting because bypass surgery would be very difficult for me and very risky and this is documented in my medical records of which the VARO has in my C file.
I didn't know what to do because the VARO did send me the IU form to fill out and submit along a VCAA of which I will file as "No New Evidence at this time and for the VA to proceed" and as for the Stress test results this Monday I'll have that report later to file if need be.
Again, Thank you very much.
May I add that I am presently undergoing testing by the VAMC in our area for Multiple Myeloma.
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"Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension."
You can be awarded TDIU regardless of what % you have even if you dont have any SC % at all.
The fastest local claim I ever helped with- vet had SSA for PTSD and years of private records- He had never filed a VA claim.
I sent him the 21-526 and the TDIU form (21-8940)and told him how to word it and what to attach.
In less than 4 months he got TDIU at the 100% rate.
It is the medical evidence that awards TDIU.
Have they sent you the TDIU form?
If not I will attach here.
As long as you are not presently employed-the VA has done the right thing here and is considering you for the highest benefit you could be eligible for.
"IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious."
As an AO vet who was denied in the past for AO disability (IHD) they BETTER apply retro to your claim.If not I will help you get it-
I have some good contacts regarding Nehmer.
Some other vet sites as well as many vet reps do not understand TDIU or Nehmer-
The idea that a vet needs a certain percent to apply for TDIU is a fallacy which I proved to myself with the TDIU vet I mentioned above.He had never been to VA for comp or medical care.I heard the sing song fropm reps for years that a vet must be 70 % to apply but the form itself has no condition at all regarding any percentage of SC.
70% however triggers VA to consider TDIU so maybe they have you at 70% by now.Hard to know yet.
The VA is doing the right thing here in my opinion-still one can never know what they will decide.
Is the depression (SSA) due to the IHD? If so have you claimed it as secondary?
I would file the TDIU form ASAP to protect your EED on the TDIU- maybe then just wait to see what they award and if they made any errors in the retro.
Berta,
Thank you so much for your reply.
I have not been employed since November of 1995 when my private primary care doctor and cardiologist both advised me and documented it in my records that I needed to apply for SSD because of my heart disease. The Depression came when I had to stop working and did not have any income coming in because of not being able to work. When I filed for SSD in Nov 95 it was for IHD/CAD then in April 1996 while my case was in appeals, I became severely depressed and ended up in the hospital for depression and thoughts of suicide, it was then my attorney for my SSD case contacted a adjudication officer with the SSA and had a phone conference with her and at that point she awarded me SSD for IHD and Depression. I have not been treated for depression in several years but still have bouts of depression but not to the point where I need medication or have been treated for it since back in 1996.
Several years ago SSA sent me a form as to whether I was still unable to seek employment and I filed the form stating that my doctors stated that I was not able to return to the work force and since then, I have not had anymore forms sent to me from the SSA in that regard.
This Monday I have to have another chemical induced stress test which will be performed by my private cardiologist because I'm still having unstable angina along with numerous bouts of almost passing out ( light headedness) even just after having the 5 more stents inserted in the Left Anterior Descending Artery three weeks ago. As I stated I had 5 bypasses in 1991 and since then I've lost three of those grafts which one of them was the Right Coronary Artery.
Everytime my cardiologist performs a heart cath he confers with my heart surgeon as to whether I should have bypass again and the heart surgeon opts for the stenting because bypass surgery would be very difficult for me and very risky and this is documented in my medical records of which the VARO has in my C file.
I didn't know what to do because the VARO did send me the IU form to fill out and submit along a VCAA of which I will file as "No New Evidence at this time and for the VA to proceed" and as for the Stress test results this Monday I'll have that report later to file if need be.
Again, Thank you very much.
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Berta,
Did not know where else to post this: Here's a quick overview of what I'm inquiring.
Jan 2010 I was awarded SC for hypertensive heart disease and coronary artery disease secondary to SC hypertension, even though I had submitted my claim for IHD/CAD due to AO exposure while in VN back in 2001 but was denied in 2002 because IHD/CAD was not presumptive, but it is now.
I was rated at 10 percent in Jan 2010, so I filed a 21-4138 requesting my SC award be amended once the new ruling for IHD comes effective and also requested an earlier effective date than what was awarded in January to 2008 but wanted my effective date to 2001 under the Nehmer Law. Then in March 2010 I filed an NOD requesting an increase in rating along with an earlier effective under the new ruling.
Then last week I submitted New and Material evidence in support of my claim and again asked for an increase rating, ect ect.. Three weeks ago I had to have 5 more stents inserted in the artery on my heart which now I have 12 stents in that artery. Without going into my entire heart disease except I had 5 bypasses in 1991 at the age of 41, since then I've had 8 heart attacks, Been on SSD since 1995 due to IHD/CAD and Depression and have not been able to work since 1995. This is all noted in my NOD's, 21-4138's and all other documents.
Yesterday I received a notice from the VARO stating they were working on my claim for IU (new). I have never asked for an IU yet. I"ve asked for an increase in rating and earlier effective date.
Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension.
Two weeks ago I submitted new and material evidence from my private cardiologist from three weeks ago when I had yet another heart cath. My ejection fraction was 40 percent when I had an echo done just before my heart cath. All these reports were submitted with an 21-4138. It was even documented in these records that my EF's had been as low as 10 percent up to 35 percent and also diagnosed with occassional congestive heart failure.
IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious..
In the notice I received from the VARO yesteday indicated they have my SSD payments. I'm submitting the VCAA and indicating I have no new evidence and ask that they make their decision.
ALSO, This Monday, I have to have another chemical induced stress test by my private cardiologist because I'm still having chest pains and light headedness so he wants to see what the stress test will show. It's also documented in my private medical records that I have severe small vessel disease as well.
Thank you. I hope this makes sense to you as I've had problems on other forums whereas they apparently don't understand just what I"m asking. And that pertains to WHY the VARO started a New IU claim on me..
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aboogger,
Chance are Berta may not see your post in this topic.
carlie
Thank you, I'll find another area to post this.
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links to tdiu information on va website http://www.index.va.gov/search/va/va_searc...earchbtn=Search
Berta,
Did not know where else to post this: Here's a quick overview of what I'm inquiring.
Jan 2010 I was awarded SC for hypertensive heart disease and coronary artery disease secondary to SC hypertension, even though I had submitted my claim for IHD/CAD due to AO exposure while in VN back in 2001 but was denied in 2002 because IHD/CAD was not presumptive, but it is now.
I was rated at 10 percent in Jan 2010, so I filed a 21-4138 requesting my SC award be amended once the new ruling for IHD comes effective and also requested an earlier effective date than what was awarded in January to 2008 but wanted my effective date to 2001 under the Nehmer Law. Then in March 2010 I filed an NOD requesting an increase in rating along with an earlier effective under the new ruling.
Then last week I submitted New and Material evidence in support of my claim and again asked for an increase rating, ect ect.. Three weeks ago I had to have 5 more stents inserted in the artery on my heart which now I have 12 stents in that artery. Without going into my entire heart disease except I had 5 bypasses in 1991 at the age of 41, since then I've had 8 heart attacks, Been on SSD since 1995 due to IHD/CAD and Depression and have not been able to work since 1995. This is all noted in my NOD's, 21-4138's and all other documents.
Yesterday I received a notice from the VARO stating they were working on my claim for IU (new). I have never asked for an IU yet. I"ve asked for an increase in rating and earlier effective date.
Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension.
Two weeks ago I submitted new and material evidence from my private cardiologist from three weeks ago when I had my heart cath. My ejection fraction was 40 percent when I had an echo done just before my heart cath. All these reports were submitted with an 21-4138. It was even documented in these records that my EF's had been as low as 10 percent up to 35 percent and also diagnosed with occassional congestive heart failure.
IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious..
In the notice I received from the VARO yesteday indicated they have my SSD payments. I'm submitting the VCAA and indicating I have no new evidence and ask that they make their decision.
ALSO, This Monday, I have to have another chemical induced stress test by my private cardiologist because I'm still having chest pains and light headedness so he wants to see what the stress test will show. It's also documented in my private medical records that I have severe small vessel disease as well.
Thank you. I hope this makes sense to you as I've had problems on other forums whereas they apparently don't understand just what I"m asking. And that pertains to WHY the VARO started a New IU claim on me..
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"I feel I should be re-evaluated under the new ruling and my present award should be amended for Primary IHD due to AO."
I feel you are Correct.
I also feel they should award you retro back to 2001 under Nehmer stipulation.
In some cases when SSA awards solely for what is or becomes SC then an additional year retro is possible.
I only have my husband's case for an example on that.
30% PTSD 1984- then asked for increase n 1992 then he died in 1994.
SSA had awarded him in 1993 solely for PTSD back to 1991.
In a posthumous award on 1997 the VA awarded him 100% PTSD P & T back to the onset date of his SSA award (1991)as this was when they established the entitlement arose.
You never claimed depression as due to your service?
Thanks Berta, I really believe I should be re-evaluated and my present claim amended under the new ruling as well.
As to the depression, No I did not claim it in my VA claim..the depression came during the time I had filed for SSA for heart disease and then I had bout of severe depression with suicide thoughts and ended up in lock down at the local hospital in the Hawthrone Center for a week. That was in 1996 just prior of being awarded SSD for CAD and Depression.
I sent an email back in Jan 2010 to the NVLSP with all my claim info for retro back pay once the new ruling was official in hopes they will assist me in getting the effective date back to 2001, then today I sent them another email with the status of my claim as it is now.
So if and when I get my SC for heart diseases amended to primary cause due to AO and not secondary to HBP, should I file an appeal asking for an effective date back to 1995 when I went on SSD for Coronary Artery Disease being I'm already SC for it...??
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I’ll make this as simple as I can pertaining to my present status:
Served in the Army 1968 to 1976. Tours in Korea 1968 to 1970, Exposed to AO, then 1970 went to Vietnam again exposed..
1991 had emergency 5 bypass heart surgery at the age of 41. From 91 to 95 had at least 3 heart attacks and several heart caths during this period with blockages due to blood clots. No stenting during this period
November 1995 per private cardiologist filed for Social Security Disability. June 1996 awarded 100 percent SSD due to heart disease and depression and I have not been employable since 1995. Private medical records documents hypertension, hypertensive heart disease and Ischemic Heart Disease/CAD.
From 1996 to 2001 in and out of hospital with angina and additional heart caths..
2001 Filed my first claim for hypertensive heart disease and coronary artery disease due to exposure of AO. 2002 was denied because HHD and CAD was not on presumptive list of AO diseases, for these reasons I DID NOT file an appeal.
( Stupidity on my part ). I also failed to add hypertension on my original claim in 2001. I blame my VSO back then but that’s water under the bridge now.
2008 Re-opened my claim for Hypertension, hypertensive heart disease and Ischemic Heart Disease/CAD due to AO.
2009 awarded SC for hypertension at 10 percent with effective date of 2008, VARO deferred on heart diseases until
C and P exam in June 2009 ( this exam was a total joke ) performed by a Nurse Practitioner, didn’t even take my blood pressure, just asked a few questions from a form on the computer and I had to give the best answer from a list of answers. I had brought all of my Private Medical Records for the C and P exam but the NP refused to accept these records. I told her I had been diagnosed with Congestive Heart Failure as well and she asked when and I referred to one of my medical reports to give her the date. She told me she had to hurry up and finish so I wouldn’t be late for my stress test. Went for the stress test which was performed my yet another Nurse Practitioner but however I was not given a treadmill stress test as I told the NP that I could not do treadmills and that my private cardiologist only does chemical induced stress tests. All she did then was take my blood pressure different times in different positions and each time my BP was high. ( That was the extent of my C and P Exam )
I filed an NOD and made reference to the C and P Exam along with other important information
Jan 2010 awarded SC for hypertensive heart disease secondary to SC hypertension and for coronary artery disease secondary to SC hypertension. Only rated at 10 percent for heart disease with effective date to 2008 same as for hypertension.
Just a few days before my award on heart diseases I had filed a VA 21-4138 for IHD/CAD, congestive heart failure and for an Abdominal Aortic Aneurysm due to exposure to AO under the new ruling once it becomes official.
Just recently I filed another NOD for increase rating and earlier effective date under the Nehmer Law back to 2001.
From 2006 to 2008 I had several more heart caths whereas I almost died in June 2006 due to cardiac shock and had two stents inserted in the Left Anterior Descending Artery graft and ended up on a ventilator for a few days. Then during this period I’ve had to have 5 more stents inserted in the LADA graft. I also have severe small vessel disease. I only have 2 grafts left from the 5 I had performed in 1991 of which one of those that I lost was the Right Coronary Artery. All of this is documented in my private medical records which are in my C File. It’s also documented 3 different times in my medical records by my Cardiologist in 2008 that my early onset of hypertension and my heart diseases was caused by my exposure to AO.
My question is, Once the new ruling is Official will I be awarded SC for IHD/CAD due to AO instead of SC for secondary heart diseases. I realize one cannot be awarded two different SC for heart diseases such as the SC hypertensive heart disease as I am now. Also will I come under the Nehmer Law for the earlier effective date back to 2001? I feel I should be re-evaluated under the new ruling and my present award should be amended for Primary IHD due to AO.
Also correct me if I’m wrong, but I have read other articles on other forums and in VA documents that a veteran can be awarded SC back to when the veteran was first diagnosed as being disabled, such as my case of being 100 percent total disabled by social security disability in 1995.
And as to a rating I found this to be interesting as well: “If there is a question as to which rating the VA should assign to the disability, the veteran is entitled to the higher rating. See Caffrey v. Brown, 6 Vet. App. 377, 383 (1994). Don’t know if this applies to me or not.
I do have severe heart disease and have to depend on numerous types of medication everyday to include having to wear a Nitro Patch during the day, the in the evenings I take 60mg of Imdur (Nitrates) along with having to use Nitro Spray several times a day for angina. I also take Lasix as needed for edema in my legs.
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:VSO advised I was awarded SC on heart diseases as of Jan 21, 2010 and on Feb 3rd my file was in the stage of Authorization ( Whatever that means) but on Jan 22, 2010 filed VA Form 21-4138 requesting original claim of 2001 be re-opened under New Ruling by Secretary of VA for Ischemic Heart"
Authorization-in your case- means they have to sign off and then cut the check.Ths used to take a matter of days or a few weeks but thngs are slower these days-at the VA.
It appears to me that they granted heart disease as secondary to the inservice HBP, and not due to AO.
BUT "My VSO stated that I SHOULD be awarded Primary SC for IHD/CAD once the new ruling is in place and retroacive back to 2001."
I agree!
Abooger -The retro for their initial decision =if that comes fast- sure might not be all they owe you-
At first I read this and thought oh no ths could hold up the award =
"on Jan 22, 2010 filed VA Form 21-4138 requesting original claim of 2001 be re-opened under New Ruling by Secretary of VA for Ischemic Heart Disease/Coronary Artery Disease, Congestive Heart " etc
then I re-read and Yes- this was a VERY good move! If this holds up the initial award then the retro should be right- and it will be retro under NEHMER court order- your VSO is really on the ball here and you are too!
I wonder when those regs will ever come but the VA is working on these IHD claims anyhow.
Berta
Thanks for the reply and information.
Let me clarify one additional thing here in ref: to the VA 21-4138. I had filed this on the 22nd of Jan, NOT knowing at this time that my claim for secondary heart diseases for SC had been awarded. It wasn't until the 29th of Jan that I found out via my VSO that my claim had been approved, then on the 5th of Feb I found out the claim was in the Authorization stage.
Yes my VSO and myself have been on this of this issue for some time. And I'm fully aware of the NEHMER Court Order and I do have my "I's" dotted and my "T's" crossed as I have from the beginning.
-
2001 I filed claim for hypertensive heart disease and coronary artery disease due to Agent Orange, denied in 2002. Did not file an appeal. BIG MISTAKE then.. Re-opened claim in 2008 for High Blood Pressure, Hypertensive Heart Disease and Coronary Artery Disease. Received SC for HBP in 2009 but not due to AO due to having HBP while on active duty and the medication I take now, but deferred on heart diseases secondary to HBP. Had C and P exam on heart diseases which was a joke, file NOD in August 2009 then requested DRO in Sept 2009. Jan 2010 received Statement of Case on HBP issues for earlier effective date and higher rating. VSO advised I was awarded SC on heart diseases as of Jan 21, 2010 and on Feb 3rd my file was in the stage of Authorization ( Whatever that means) but on Jan 22, 2010 filed VA Form 21-4138 requesting original claim of 2001 be re-opened under New Ruling by Secretary of VA for Ischemic Heart Disease/Coronary Artery Disease, Congestive Heart Failure and Abdominal Aortic Aneursym. I realize I have to wait until the new Ruling for IDH to be in effect for the VA can rule on my 21-4138 that I submitted on Jan 22 2010. My VSO stated that I SHOULD be awarded Primary SC for IHD/CAD once the new ruling is in place and retroacive back to 2001.
In 1991 at the age of 41 I had 5 bypass emergency heart surgery. Since then I've had 8 heart attacks, almost died in 2006 while undergoing heart cath. Only have two of the five grafts left. The Left Anterior Descending Artery Graft now has 7 stents in it to keep it opened. I have to wear a Nitro Patch during the day for Angina and then in the evening I take Imdur (Nitrates) along with havin to use Nitro Spray for Unstabel Angina. I also take HBP meds along with Lasix and numerous other heart medication to include Plavix. NOTE: 5 of the stents in the LADA are TAXUS MEDICATED STENTS.
My question to you all, How long does it take to receive my Official Award Letter with rating and effective date for the SC for secondary heart disease that was just awarded being it's at the level of "Authorization".???
The above is just a quick version of my entire heart disease and everything I have gone thru with the VA.
-
Thank you Berta for your response.
I have never been dignosed with DMII by the VA nor my civilian doctors.
Would I need to amend my present claim to ask for Service Connection for my HBP/Heart Disease being I did have HBP while still on active duty but I was never treated for it while in the service and WAS not aware of it until I requested my military records last year and it was then that I found the four day Blood Pressure Screening performed by a doctor while stationed at Ft. Riley, Kansas 4 months before I was discharged?.
I want my present claim for HBP/Heart Disease due to AO to stay active and upon a denial, which I"m sure I will get, I will file an appeal.
After they review all my evidence I have submitted will the VA take it upon themselves to grant me a SC for high blood pressure/Heart Disease.
The reason I wrote my Congressman wasn't so much for assistance to my claim but for other reasons pertaining to the claim but not specifically to help me get approved for HBP/CHD due to agent orange.
-
I wanted to make a correction on the paragraph in my original post.
I had stated "In 1996 I had my eighth heart attack and was almost pronounced dead while having a Heart Cath (Angiogram) and the doctors told my wife to call the family in as I was not going to survive"....It should have been "2006" not "1996"....
Wanted to clarify that date.
-
Hello Everyone.
I'm new to the forums but not new to the problems with the VA and Agent Orange exposures associated to several health issues. I served in the Army from 1968 to 1976.
In 2001 I filed a claim for numerous health issues to include heart disease I felt was due to exposure to AO while in Korea and Viet Nam and of course I got denied, so I gave up which I'm sure the VA really appreciated. I served in Korea from 1968 to 1970 at Ascom Depot, (Camp Market) with Company B, Supply and Transportation Division. Then a couple of months after I returned back to the states, I volunteered and went to Viet Nam with assignments at Saigon, Da Nang, Phu Bi, Chu Li and Long Bihn.
When I was going through my separation physical in September 1975 while stationed at Ft. Riley, Kansas, my blood pressure then was 150/90. (I was only 26 years of age). With that blood pressure it prompted the doctors to order a 4 day blood pressure screening at Irwin Army Hospital. They took three different readings in different positions twice a day for these four days. The results showed I had high blood pressure several different times and levels not considered to be high. However, I was NOT aware of these high blood pressure readings nor was I treated for HBP. A few months ago I requested my ENTIRE military records to include ALL medical records. This is when I found the Blood Pressure Screening Report and my Separation Physical from 1975.
In 1991 at the age of 41, I under went an emergency open heart surgery whereas I had 5 bypass grafts. Since then I have suffered 8 heart attacks, lost three of the grafts and have under gone numerous Angiograms. In 1996 I had my eighth heart attack and was almost pronounced dead while having a Heart Cath (Angiogram) and the doctors told my wife to call the family in as I was not going to survive. By the Grace of GOD I'm still here. Since June of 2006 I've had to have several more angiograms performed and now I have 7 Stents inserted in the Left Anterior Descending Artery Graft. I have been diagnosed with Hypertension, Severe Coronary Heart Disease and Congestive Heart Failure along with having an Abdominal Aortic Aneurysm and have a High Mortality Rate. I take a total of 15 different medications daily for my heart disease and high blood pressure, to include "Nitrates daily, Nitro Patch daily and Nitro Spray as needed along with all the other meds.
When the report from the IOM and the National Academy of Science linked Agent Orange to Hypertension in July 2007, I re-opened my claim for Hypertension/Heart Disease due to exposure to AO while in Korea and Viet Nam in February 2008. (Still Pending)
My civilian cardiologist documented his professional opinion in my medical files that my hypertension/heart disease was caused by a direct link to exposure to AO. I have all of my medical files pertaining to my heart condition from 1991 to present and they are all submitted in my claim along with other documents and letters. I had requested all of my records pertaining to my claim from the VA of which they finally sent me everything in my file. I did this because of all the shredding that has been reported and documented so I wanted to make sure everything I've submitted on my behalf was indeed in my file. Luckily I was not one that had evidence destroyed.
I want to mention that I have just recently wrote a letter to the new Secretary of Veteran Affairs pertaining to AO being stored, shipped and handled by military personnel stationed at Ascom Depot Korea.
Here's the letter to the Secretary of VA with names and claim number marked out for private reasons:
Honorable Eric K. Shinseki
Secretary of Veterans Affairs
810 Vermont Ave.
Washington D. C. 20420
March 3, 2009
Re: Agent Orange stored at Ascom Depot, Korea
Dear Secretary Shinseki.
I'm writing to request your assistance in helping me and other veterans that served at Ascom Depot (Camp Market) Korea during 1967 to 1969 and acknowledge that Agent Orange was located at Ascom Depot as outlined below. It has been determined that Agent Orange was used in areas along the Demilitarized Zone in Korea.
However, Secretary Shinseki, while I was stationed at Ascom Depot from December 1968 to February 1970 and assigned to Company B, Supply and Transportation Division our unit was the main supply division for the Far East to include areas within Korea. My duties, along with other members of our unit, included receiving and transporting supplies to the Demilitarized Zone and other units within Korea. These supplies would be shipped to us and or picked up at Kimpo Airbase and transported back to Ascom Depot for storage and later to be shipped out to other units.
The Department of Veteran's Affairs claims that Agent Orange was only used in certain areas in Korea. Mr. Secretary, I submit to you that Agent Orange was indeed stored, shipped and handled within the compounds of our unit at Ascom Depot.
More specifically, 55 gallon drums of Agent Orange barrels with warning placards indicating contents were toxic, hazardous and contained herbicides. These barrels had an orange stripe around them, which I knew to be Agent Orange. (We) knew the contents of these barrels were being sprayed to kill out vegetation along the Demilitarized Zone areas. These barrels were stored within the warehouse and on the grounds of Company B, Supply and Transportation Division. Our unit would then ship these barrels via convoy to units along the Demilitarized Zone and on occasion units from the Demilitarized Zone area would come to Ascom Depot to pick up barrels of Agent Orange.
There were times these barrels were punctured by the forklifts while unloading and/or loading them onto trucks to be stored and/or shipped. When these barrels were punctured the contents would leak out large amounts onto the grounds. We would then use temporary means to patch the holes in the barrels to prevent further leakage thus causing me and others to come in direct contact with this deadly herbicide. We would then use water hoses to wash the areas off where the barrels had leaked into a canal that ran along the compound of our unit thus causing the vegetation to die out.
During the time I was stationed at Ascom Depot as an E-5 (Specialist 5) I was only 20 years of age and only doing as directed by my superiors not knowing later in life Agent Orange would cause deaths and numerous health issues not only to my self but to other veterans.
After my departure from Korea in February 1970 I was stationed at Fort Hood, Texas but for only a short period. In April 1970 I volunteered and went to serve my country in Viet Nam.
I presently have a claim (Claim Number XX XXX XXX) filed for hypertension, heart disease, congestive heart failure and a abdominal aortic aneurysm as a direct cause from being exposed to Agent Orange while serving in Korea and while serving in Viet Nam. I've had high blood pressure since 1975 or even before while on active duty with the U. S. Army which is documented in my military medical records. I served in the Army from 1968-1971 and again from 1973 to 1976.
Mr. Secretary, I am not now nor have I ever been a member or affiliated with any Agent Orange Organizations.
I'm solely submitting this request to you as an individual to investigate the fact that Agent Orange was indeed located at Ascom Depot and not just along the borders of the Demilitarized Zone in Korea as documented by the Veteran's Administration and the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia and ask that you document Agent Orange was at Ascom Depot. I would be willing to testify under oath to everything I've documented in this letter.
Mr. Secretary, I'm submitting a letter addressed to a (name withheld) dated February 10, 2009 from the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia as an enclosure. It so states they have researched "Available Historical" documentation and unable to locate any reference to the use, spraying, transporting or storage of Agent Orange at Ascom Depot. I believe the key word in this letter to ( Mr. XXXX) would be "Available" Historical documentation.
Although these barrels of Agent Orange were located at Ascom Depot it's not that they were there for long periods of time as they would be shipped shortly or picked up after our unit received them.
I can only assume that documentation on Agent Orange at Ascom Depot did not exist or were not kept for whatever reasons is not for me to know. My testimonial to you is that Agent Orange was located at Company B, Supply and Transportation Division, Ascom Depot, Korea as noted above.
I would appreciate your utmost and immediate attention to this request.
I hereby certify that the information I have given is true and to the best of my knowledge and belief.
Sincerely,
Name withheld.
________________________________________________________________________________
_____
I have wrote "Buddy Letters" to three other Korea Vets that were stationed at Ascom Depot during the periods of 1968 to 1970 as they too suffer from illnesses associated to AO exposure to include one having cancer but they have all been denied and are appealing their claims.
With the evidence I have submitted in my claim, I should at the least be approved for a Service Connection to hypertension. I will continue to fight the VA for ypertension/Heart Disease caused by exposure to AO.
I have been on Social Security Disability since 1995 due to heart disease and other medical issues.
I have since contacted one of my US Congressman for his assistance in helping me with my claim.
So I say to those that were stationed at Ascom Depot during these periods and remember AO being stored, handled and shipped from Ascom to write letters to your Senators and to the Secretary of VA and just maybe the VA will include and acknowledge that AO was in other areas of Korea instead of certain areas along the DMZ as they so report.
Thank you for your time and this great forum.
I will keep you posted on the results of my letter to the Secretary of VA.
-
Hello Everyone.
I'm new to the forums but not new to the problems with the VA and Agent Orange exposures associated to several health issues. I served in the Army from 1968 to 1976.
In 2001 I filed a claim for numerous health issues to include heart disease I felt was due to exposure to AO while in Korea and Viet Nam and of course I got denied, so I gave up which I'm sure the VA really appreciated. I served in Korea from 1968 to 1970 at Ascom Depot, (Camp Market) with Company B, Supply and Transportation Division. Then a couple of months after I returned back to the states, I volunteered and went to Viet Nam with assignments at Saigon, Da Nang, Phu Bi, Chu Li and Long Bihn.
When I was going through my separation physical in September 1975 while stationed at Ft. Riley, Kansas, my blood pressure then was 150/90. (I was only 26 years of age). With that blood pressure it prompted the doctors to order a 4 day blood pressure screening at Irwin Army Hospital. They took three different readings in different positions twice a day for these four days. The results showed I had high blood pressure several different times and levels not considered to be high. However, I was NOT aware of these high blood pressure readings nor was I treated for HBP. A few months ago I requested my ENTIRE military records to include ALL medical records. This is when I found the Blood Pressure Screening Report and my Separation Physical from 1975.
In 1991 at the age of 41, I under went an emergency open heart surgery whereas I had 5 bypass grafts. Since then I have suffered 8 heart attacks, lost three of the grafts and have under gone numerous Angiograms. In 2006 I had my eighth heart attack and was almost pronounced dead while having a Heart Cath (Angiogram) and the doctors told my wife to call the family in as I was not going to survive. By the Grace of GOD I'm still here. Since June of 2006 I've had to have several more angiograms performed and now I have 7 Stents inserted in the Left Anterior Descending Artery Graft. I have been diagnosed with Hypertension, Severe Coronary Heart Disease and Congestive Heart Failure along with having an Abdominal Aortic Aneurysm and have a High Mortality Rate. I take a total of 15 different medications daily for my heart disease and high blood pressure, to include "Nitrates daily, Nitro Patch daily and Nitro Spray as needed along with all the other meds.
When the report from the IOM and the National Academy of Science linked Agent Orange to Hypertension in July 2007, I re-opened my claim for Hypertension/Heart Disease due to exposure to AO while in Korea and Viet Nam in February 2008. (Still Pending)
My civilian cardiologist documented his professional opinion in my medical files that my hypertension/heart disease was caused by a direct link to exposure to AO. I have all of my medical files pertaining to my heart condition from 1991 to present and they are all submitted in my claim along with other documents and letters. I had requested all of my records pertaining to my claim from the VA of which they finally sent me everything in my file. I did this because of all the shredding that has been reported and documented so I wanted to make sure everything I've submitted on my behalf was indeed in my file. Luckily I was not one that had evidence destroyed.
I want to mention that I have just recently wrote a letter to the new Secretary of Veteran Affairs pertaining to AO being stored, shipped and handled by military personnel stationed at Ascom Depot Korea.
Here's the letter to the Secretary of VA with names and claim number marked out for private reasons:
Honorable Eric K. Shinseki
Secretary of Veterans Affairs
810 Vermont Ave.
Washington D. C. 20420
March 3, 2009
Re: Agent Orange stored at Ascom Depot, Korea
Dear Secretary Shinseki.
I'm writing to request your assistance in helping me and other veterans that served at Ascom Depot (Camp Market) Korea during 1967 to 1969 and acknowledge that Agent Orange was located at Ascom Depot as outlined below. It has been determined that Agent Orange was used in areas along the Demilitarized Zone in Korea.
However, Secretary Shinseki, while I was stationed at Ascom Depot from December 1968 to February 1970 and assigned to Company B, Supply and Transportation Division our unit was the main supply division for the Far East to include areas within Korea. My duties, along with other members of our unit, included receiving and transporting supplies to the Demilitarized Zone and other units within Korea. These supplies would be shipped to us and or picked up at Kimpo Airbase and transported back to Ascom Depot for storage and later to be shipped out to other units.
The Department of Veteran's Affairs claims that Agent Orange was only used in certain areas in Korea. Mr. Secretary, I submit to you that Agent Orange was indeed stored, shipped and handled within the compounds of our unit at Ascom Depot.
More specifically, 55 gallon drums of Agent Orange barrels with warning placards indicating contents were toxic, hazardous and contained herbicides. These barrels had an orange stripe around them, which I knew to be Agent Orange. (We) knew the contents of these barrels were being sprayed to kill out vegetation along the Demilitarized Zone areas. These barrels were stored within the warehouse and on the grounds of Company B, Supply and Transportation Division. Our unit would then ship these barrels via convoy to units along the Demilitarized Zone and on occasion units from the Demilitarized Zone area would come to Ascom Depot to pick up barrels of Agent Orange.
There were times these barrels were punctured by the forklifts while unloading and/or loading them onto trucks to be stored and/or shipped. When these barrels were punctured the contents would leak out large amounts onto the grounds. We would then use temporary means to patch the holes in the barrels to prevent further leakage thus causing me and others to come in direct contact with this deadly herbicide. We would then use water hoses to wash the areas off where the barrels had leaked into a canal that ran along the compound of our unit thus causing the vegetation to die out.
During the time I was stationed at Ascom Depot as an E-5 (Specialist 5) I was only 20 years of age and only doing as directed by my superiors not knowing later in life Agent Orange would cause deaths and numerous health issues not only to my self but to other veterans.
After my departure from Korea in February 1970 I was stationed at Fort Hood, Texas but for only a short period. In April 1970 I volunteered and went to serve my country in Viet Nam.
I presently have a claim (Claim Number XX XXX XXX) filed for hypertension, heart disease, congestive heart failure and a abdominal aortic aneurysm as a direct cause from being exposed to Agent Orange while serving in Korea and while serving in Viet Nam. I've had high blood pressure since 1975 or even before while on active duty with the U. S. Army which is documented in my military medical records. I served in the Army from 1968-1971 and again from 1973 to 1976.
Mr. Secretary, I am not now nor have I ever been a member or affiliated with any Agent Orange Organizations.
I'm solely submitting this request to you as an individual to investigate the fact that Agent Orange was indeed located at Ascom Depot and not just along the borders of the Demilitarized Zone in Korea as documented by the Veteran's Administration and the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia and ask that you document Agent Orange was at Ascom Depot. I would be willing to testify under oath to everything I've documented in this letter.
Mr. Secretary, I'm submitting a letter addressed to a (name withheld) dated February 10, 2009 from the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia as an enclosure. It so states they have researched "Available Historical" documentation and unable to locate any reference to the use, spraying, transporting or storage of Agent Orange at Ascom Depot. I believe the key word in this letter to ( Mr. XXXX) would be "Available" Historical documentation.
Although these barrels of Agent Orange were located at Ascom Depot it's not that they were there for long periods of time as they would be shipped shortly or picked up after our unit received them.
I can only assume that documentation on Agent Orange at Ascom Depot did not exist or were not kept for whatever reasons is not for me to know. My testimonial to you is that Agent Orange was located at Company B, Supply and Transportation Division, Ascom Depot, Korea as noted above.
I would appreciate your utmost and immediate attention to this request.
I hereby certify that the information I have given is true and to the best of my knowledge and belief.
Sincerely,
Name withheld.
________________________________________________________________________________
_____
I have wrote "Buddy Letters" to three other Korea Vets that were stationed at Ascom Depot during the periods of 1968 to 1970 as they too suffer from illnesses associated to AO exposure to include one having cancer but they have all been denied and are appealing their claims.
With the evidence I have submitted in my claim, I should at the least be approved for a Service Connection to hypertension. I will continue to fight the VA for ypertension/Heart Disease caused by exposure to AO.
I have been on Social Security Disability since 1995 due to heart disease and other medical issues.
I have since contacted one of my US Congressman for his assistance in helping me with my claim.
So I say to those that were stationed at Ascom Depot during these periods and remember AO being stored, handled and shipped from Ascom to write letters to your Senators and to the Secretary of VA and just maybe the VA will include and acknowledge that AO was in other areas of Korea instead of certain areas along the DMZ as they so report.
Thank you for your time and this great forum.
I will keep you posted on the results of my letter to the Secretary of VA.
-
Hello Everyone.
I’m new to the forums but not new to the problems with the VA and Agent Orange exposures associated to several health issues. I served in the Army from 1968 to 1976.
In 2001 I filed a claim for numerous health issues to include heart disease I felt was due to exposure to AO while in Korea and Viet Nam and of course I got denied, so I gave up which I’m sure the VA really appreciated. I served in Korea from 1968 to 1970 at Ascom Depot, (Camp Market) with Company B, Supply and Transportation Division. Then a couple of months after I returned back to the states, I volunteered and went to Viet Nam with assignments at Saigon, Da Nang, Phu Bi, Chu Li and Long Bihn.
When I was going through my separation physical in September 1975 while stationed at Ft. Riley, Kansas, my blood pressure then was 150/90. (I was only 26 years of age). With that blood pressure it prompted the doctors to order a 4 day blood pressure screening at Irwin Army Hospital. They took three different readings in different positions twice a day for these four days. The results showed I had high blood pressure several different times and levels not considered to be high. However, I was NOT aware of these high blood pressure readings nor was I treated for HBP. A few months ago I requested my ENTIRE military records to include ALL medical records. This is when I found the Blood Pressure Screening Report and my Separation Physical from 1975.
In 1991 at the age of 41, I under went an emergency open heart surgery whereas I had 5 bypass grafts. Since then I have suffered 8 heart attacks, lost three of the grafts and have under gone numerous Angiograms. In 1996 I had my eighth heart attack and was almost pronounced dead while having a Heart Cath (Angiogram) and the doctors told my wife to call the family in as I was not going to survive. By the Grace of GOD I’m still here. Since June of 2006 I’ve had to have several more angiograms performed and now I have 7 Stents inserted in the Left Anterior Descending Artery Graft. I have been diagnosed with Hypertension, Severe Coronary Heart Disease and Congestive Heart Failure along with having an Abdominal Aortic Aneurysm and have a High Mortality Rate. I take a total of 15 different medications daily for my heart disease and high blood pressure, to include "Nitrates daily, Nitro Patch daily and Nitro Spray as needed along with all the other meds.
When the report from the IOM and the National Academy of Science linked Agent Orange to Hypertension in July 2007, I re-opened my claim for Hypertension/Heart Disease due to exposure to AO while in Korea and Viet Nam in February 2008. (Still Pending)
My civilian cardiologist documented his professional opinion in my medical files that my hypertension/heart disease was caused by a direct link to exposure to AO. I have all of my medical files pertaining to my heart condition from 1991 to present and they are all submitted in my claim along with other documents and letters. I had requested all of my records pertaining to my claim from the VA of which they finally sent me everything in my file. I did this because of all the shredding that has been reported and documented so I wanted to make sure everything I’ve submitted on my behalf was indeed in my file. Luckily I was not one that had evidence destroyed.
I want to mention that I have just recently wrote a letter to the new Secretary of Veteran Affairs pertaining to AO being stored, shipped and handled by military personnel stationed at Ascom Depot Korea.
Here’s the letter to the Secretary of VA with names and claim number marked out for private reasons:
Honorable Eric K. Shinseki
Secretary of Veterans Affairs
810 Vermont Ave.
Washington D. C. 20420
March 3, 2009
Re: Agent Orange stored at Ascom Depot, Korea
Dear Secretary Shinseki.
I’m writing to request your assistance in helping me and other veterans that served at Ascom Depot (Camp Market) Korea during 1967 to 1969 and acknowledge that Agent Orange was located at Ascom Depot as outlined below. It has been determined that Agent Orange was used in areas along the Demilitarized Zone in Korea.
However, Secretary Shinseki, while I was stationed at Ascom Depot from December 1968 to February 1970 and assigned to Company B, Supply and Transportation Division our unit was the main supply division for the Far East to include areas within Korea. My duties, along with other members of our unit, included receiving and transporting supplies to the Demilitarized Zone and other units within Korea. These supplies would be shipped to us and or picked up at Kimpo Airbase and transported back to Ascom Depot for storage and later to be shipped out to other units.
The Department of Veteran’s Affairs claims that Agent Orange was only used in certain areas in Korea. Mr. Secretary, I submit to you that Agent Orange was indeed stored, shipped and handled within the compounds of our unit at Ascom Depot.
More specifically, 55 gallon drums of Agent Orange barrels with warning placards indicating contents were toxic, hazardous and contained herbicides. These barrels had an orange stripe around them, which I knew to be Agent Orange. (We) knew the contents of these barrels were being sprayed to kill out vegetation along the Demilitarized Zone areas. These barrels were stored within the warehouse and on the grounds of Company B, Supply and Transportation Division. Our unit would then ship these barrels via convoy to units along the Demilitarized Zone and on occasion units from the Demilitarized Zone area would come to Ascom Depot to pick up barrels of Agent Orange.
There were times these barrels were punctured by the forklifts while unloading and/or loading them onto trucks to be stored and/or shipped. When these barrels were punctured the contents would leak out large amounts onto the grounds. We would then use temporary means to patch the holes in the barrels to prevent further leakage thus causing me and others to come in direct contact with this deadly herbicide. We would then use water hoses to wash the areas off where the barrels had leaked into a canal that ran along the compound of our unit thus causing the vegetation to die out.
During the time I was stationed at Ascom Depot as an E-5 (Specialist 5) I was only 20 years of age and only doing as directed by my superiors not knowing later in life Agent Orange would cause deaths and numerous health issues not only to my self but to other veterans.
After my departure from Korea in February 1970 I was stationed at Fort Hood, Texas but for only a short period. In April 1970 I volunteered and went to serve my country in Viet Nam.
I presently have a claim (Claim Number XX XXX XXX) filed for hypertension, heart disease, congestive heart failure and a abdominal aortic aneurysm as a direct cause from being exposed to Agent Orange while serving in Korea and while serving in Viet Nam. I’ve had high blood pressure since 1975 or even before while on active duty with the U. S. Army which is documented in my military medical records. I served in the Army from 1968-1971 and again from 1973 to 1976.
Mr. Secretary, I am not now nor have I ever been a member or affiliated with any Agent Orange Organizations.
I’m solely submitting this request to you as an individual to investigate the fact that Agent Orange was indeed located at Ascom Depot and not just along the borders of the Demilitarized Zone in Korea as documented by the Veteran’s Administration and the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia and ask that you document Agent Orange was at Ascom Depot. I would be willing to testify under oath to everything I’ve documented in this letter.
Mr. Secretary, I’m submitting a letter addressed to a (name withheld) dated February 10, 2009 from the Department of the Army, U.S. Army and Joint Services Records Research Center in Alexandria, Virginia as an enclosure. It so states they have researched “Available Historical” documentation and unable to locate any reference to the use, spraying, transporting or storage of Agent Orange at Ascom Depot. I believe the key word in this letter to ( Mr. XXXX) would be “Available” Historical documentation.
Although these barrels of Agent Orange were located at Ascom Depot it’s not that they were there for long periods of time as they would be shipped shortly or picked up after our unit received them.
I can only assume that documentation on Agent Orange at Ascom Depot did not exist or were not kept for whatever reasons is not for me to know. My testimonial to you is that Agent Orange was located at Company B, Supply and Transportation Division, Ascom Depot, Korea as noted above.
I would appreciate your utmost and immediate attention to this request.
I hereby certify that the information I have given is true and to the best of my knowledge and belief.
Sincerely,
Name withheld.
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I have wrote “Buddy Letters” to three other Korea Vets that were stationed at Ascom Depot during the periods of 1968 to 1970 as they too suffer from illnesses associated to AO exposure to include one having cancer but they have all been denied and are appealing their claims.
With the evidence I have submitted in my claim, I should at the least be approved for a Service Connection to hypertension. I will continue to fight the VA for ypertension/Heart Disease caused by exposure to AO.
I have been on Social Security Disability since 1995 due to heart disease and other medical issues.
I have since contacted one of my US Congressman for his assistance in helping me with my claim.
So I say to those that were stationed at Ascom Depot during these periods and remember AO being stored, handled and shipped from Ascom to write letters to your Senators and to the Secretary of VA and just maybe the VA will include and acknowledge that AO was in other areas of Korea instead of certain areas along the DMZ as they so report.
Thank you for your time and this great forum.
I will keep you posted on the results of my letter to the Secretary of VA.
Got My Brown Envelope Yesterday
in Success Stories
Posted
Berta....
As to NVLSP, I first contacted them way back last year. I have had numerous emails to and from them on this matter and I have all the emails saved.
As to my claim, I virtually did everything myself as far as writting all my NOD's and Appeals to include different 21-4138's ....and made sure I submitted ALL my private medical records to include a NEXUS from my Private Cardiologist back in 2008 whereas he stated my Early Onset of IHD was a direct cause from being exposed to AO.
I have a VSO but he would NEVER assist me on anything except to transmit what I submitted so there as a paper trail....He is not a good VSO but I did not let that discourage me so I made sure I researched EVERYTHING and worded everything to my advantage. I even researched BVA cases and submitted two different case laws where two different Veterans were awarded TDIU for IHD with LESS severity than what my IHD is and has been for years. It took the idea of NEVER GIVE UP.
In one of my 4138's I reminded the VA of my first claim back in 1995 and ask that they AMEND my earlier effective date back to then instead of 2001....So we'll see if they took heed to that...LOL