Cfr 3.307 Location Of The Law

[danang_1969]

I am unable to find these regs in a search for arteriosclerosis. I know the number but I still can't get there. Maybe Ricky or Bertha could you post this for me or email me please. It would be appreciated if someone could point me in the right direction. I have been diagnosed with the condition, had feet on the ground a year. I will need the law for a future appeal on this heart condition which it seems to that arteriosclerosis presumptive. I need know if there is any time limits on the diagnosis. I have the cardiologist report diagnosing it laying here beside me. I have already submitted it but of course the VA has stated I don't have a presumptive diagnosis on anything.

Edited July 14, 2008 by danang_1969

[allan]

try these....................

http://www.warms.vba.va.gov/bookb.html#i

http://www.warms.vba.va.gov/regs/38CFR/BOO...ART3/S3_370.DOC

[danang_1969]

Thanks Allan. Man I posted this question about 1:00 AM and when I got out of bed, there it was. THAT'S FAST!!!!I saved it to my "hadit and claims folder" this time. I changed computers not long ago and lost some of my stuff in the file transfer. Much appreciated brother.

Have a great day. Oh yea, I may be making some headway on my claims but I did some denied. My civilain doctor has me taking a large round of steriods which has my strength up a bit. Also got a lift finally after 8 months as I got some positive VA notifications, but I haven't got the easter egg yet. The fat lady hasn't sung and I don't know how loud she will sing.They letter said SOON. I will give a hadit report when and if it happens. Thanks everyone.

[Berta]

If you mean arteriosclerosis as a chronic condition-

the regs are within 38 CFR 3.309.

The VBM (NVLSP) makes this point:

a veteran can claim existence of a chronic condition in service or within the applicable presumptive period-with "current manifestations of the same chronic disease."

Arteriolsclerosis is listed in the presumptives under 38 CFR 3.309.

It depends on proof of condition in service or within the presumptive period (usually within first year discharge) and also proof of continuity.

I am not sure how the "foot on ground" would play into your claim.

Only diabetes mellitus from Agent Orange, causing or contributing to arteriosclerosis and/or heart disease can be service connected based on the "foot on ground" theory.

However if your SMRs reveal arteriosclerosis or you were diagnosed with it within one year after discharge, that would become a presumptive disability under 38 CFR 3.309.

Arteriolsclerosis and hypertension also usually go hand in hand-hypertension is only a chronic presumptive condition if it is part of cardiovascular-renal disease (under 38 CFR 3.309) but should also be put into any future claim you file.

A link to the reg is at

http://edocket.access.gpo.gov/cfr_2004/julqtr/38cfr3.309.htm

Edited July 14, 2008 by Berta

[john999]

If you have DMII then artery disease is very strongly related to diabetes. I got SC'ed for artery disease and heart disease via secondary connection to DMII from AO.

It is in the VBM and M-21 about strong connection. You probably need a doctor's opinion but you can make a strong case if you have DMII, otherwise unless you had it in service I dont' think it is presumptive. If you have SC'ed HBP then artery disease and heart disease are pretty easy to connect. Berta has really said it all. The presumption is that if you have artery disease in your legs you probably have it in your heart and brain as well.

[danang_1969]

If you mean arteriosclerosis as a chronic condition-

the regs are within 38 CFR 3.309.

The VBM (NVLSP) makes this point:

a veteran can claim existence of a chronic condition in service or within the applicable presumptive period-with "current manifestations of the same chronic disease."

Arteriolsclerosis is listed in the presumptives under 38 CFR 3.309.

It depends on proof of condition in service or within the presumptive period (usually within first year discharge) and also proof of continuity.

I am not sure how the "foot on ground" would play into your claim.

Only diabetes mellitus from Agent Orange, causing or contributing to arteriosclerosis and/or heart disease can be service connected based on the "foot on ground" theory.

However if your SMRs reveal arteriosclerosis or you were diagnosed with it within one year after discharge, that would become a presumptive disability under 38 CFR 3.309.

Arteriolsclerosis and hypertension also usually go hand in hand-hypertension is only a chronic presumptive condition if it is part of cardiovascular-renal disease (under 38 CFR 3.309) but should also be put into any future claim you file.

A link to the reg is at

http://edocket.access.gpo.gov/cfr_2004/julqtr/38cfr3.309.htm

Thanks Bertha and all. You have answered my questions rather well. I have been a DM11 test "AIC "3 month averge test" which wasn't enough fo a diagamosis according to my doctor to say or wrote DM11. It may eventually go there in the future, so I will just do as you said and file it. It seems that without the actually diagnosis it would useless to appeal the claim. Many doctors are relutant to diagnose the obvious for some reason.

Thanks.

[stillhere]

Danang, John and Berta have got you going the right way. They helped me a lot after my heart attack in 05. The only way I was able to get it connected was to have the VA agree that my DB2 dx in 03 was responsible for my heart attack or contributed to it. Now it is secondary sc to db2 and cad.

Don't think this helps you much unless you do get DX for db2 and then have a doc write a nexus for you.

Good luck with your claim.

Stillhere

By the way were you and Redbeach in Danang?