Rate For The Heart

[wjdenney]

I have file a new claim, part of it is for the heart and is file as presumptive GWI, as a diagnosed disabilities. My question is Arteriosclerosis heart disease 7005, and Coronary Bypass Surgery 7017, both with left ventricular at 45 to 50%, hold a 60% each. If awarded would that be 2 at 60%, or would that be consider as pyramiding?

[cowgirl]

good question. I suspect that if service connected, the chronic disease would be considered and the surgery 'grouped' in there too. I'd like to know the answer too. About pyramiding, havent seen the VA do that, so no problem. If awarded and more questions, ask again and again, until you understand that you get whats due you.

Best to ya and welcome to Hadit,

Cowgirl'up2009!

I have file a new claim, part of it is for the heart and is file as presumptive GWI, as a diagnosed disabilities. My question is Arteriosclerosis heart disease 7005, and Coronary Bypass Surgery 7017, both with left ventricular at 45 to 50%, hold a 60% each. If awarded would that be 2 at 60%, or would that be consider as pyramiding?

Edited June 12, 2009 by cowgirl (see edit history)

[jbasser]

Pyramiding. The disability that presents the most disabling will be the one that is rated.

J

[kw34]

I to am a GW vet these are hard to win take a look at BVA cases the key is the paragraph below as you go forward I say have a back up plan to attack from a direct connection because I was denied the first time going for presumptive but with research and a nexus letter I was awarded in 7 months. Good luck and dont give up this place will help you thru the VA minefield.

C) Any diagnosed illness that the Secretary determines in

regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of

service-connection.

(6) A disability referred to in this section shall be considered

service connected for purposes of all laws of the United States.

(:D For the purposes of paragraph (a)(1) of this section, signs or

symptoms which may be manifestations of

[[Page 247]]

undiagnosed illness or medically unexplained chronic multisymptom

illness include, but are not limited to:

(1) Fatigue

(2) Signs or symptoms involving skin

(3) Headache

(4) Muscle pain

(5) Joint pain

(6) Neurologic signs or symptoms

(7) Neuropsychological signs or symptoms

(8) Signs or symptoms involving the respiratory system (upper or

lower)

(9) Sleep disturbances

(10) Gastrointestinal signs or symptoms

(11) Cardiovascular signs or symptoms

(12) Abnormal weight loss

(13) Menstrual disorders.

© Compensation shall not be paid under this section:

(1) If there is affirmative evidence that an undiagnosed illness was

not incurred during active military, naval, or air service in the

Southwest Asia theater of operations during the Persian Gulf War; or

(2) If there is affirmative evidence that an undiagnosed illness was

caused by a supervening condition or event that occurred between the

veteran's most recent departure from active duty in the Southwest Asia

theater of operations during the Persian Gulf War and the onset of the

illness; or

(3) If there is affirmative evidence that the illness is the result

of the veteran's own willful misconduct or the abuse of alcohol or

drugs.

(d) For purposes of this section:

(1) The term Persian Gulf veteran means a veteran who served on

active military, naval, or air service in the Southwest Asia theater of

operations during the Persian Gulf War.

(2) The Southwest Asia theater of operations includes Iraq, Kuwait,

Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain,

Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of

Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace

above these locations.

Edited June 12, 2009 by kw34 (see edit history)

[john999]

If you started to complain about heart condition soon after Gulf War I would say you have a better chance. If you waited 18 years to file for a heart condition presumptive to GW illness you have a steep hill to climb.

[wjdenney]

I to am a GW vet these are hard to win take a look at BVA cases the key is the paragraph below as you go forward I say have a back up plan to attack from a direct connection because I was denied the first time going for presumptive but with research and a nexus letter I was awarded in 7 months. Good luck and dont give up this place will help you thru the VA minefield.

C) Any diagnosed illness that the Secretary determines in

regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of

service-connection.

(6) A disability referred to in this section shall be considered

service connected for purposes of all laws of the United States.

( :D For the purposes of paragraph (a)(1) of this section, signs or

symptoms which may be manifestations of

[[Page 247]]

undiagnosed illness or medically unexplained chronic multisymptom

illness include, but are not limited to:

(1) Fatigue

(2) Signs or symptoms involving skin

(3) Headache

(4) Muscle pain

(5) Joint pain

(6) Neurologic signs or symptoms

(7) Neuropsychological signs or symptoms

(8) Signs or symptoms involving the respiratory system (upper or

lower)

(9) Sleep disturbances

(10) Gastrointestinal signs or symptoms

(11) Cardiovascular signs or symptoms

(12) Abnormal weight loss

(13) Menstrual disorders.

© Compensation shall not be paid under this section:

(1) If there is affirmative evidence that an undiagnosed illness was

not incurred during active military, naval, or air service in the

Southwest Asia theater of operations during the Persian Gulf War; or

(2) If there is affirmative evidence that an undiagnosed illness was

caused by a supervening condition or event that occurred between the

veteran's most recent departure from active duty in the Southwest Asia

theater of operations during the Persian Gulf War and the onset of the

illness; or

(3) If there is affirmative evidence that the illness is the result

of the veteran's own willful misconduct or the abuse of alcohol or

drugs.

(d) For purposes of this section:

(1) The term Persian Gulf veteran means a veteran who served on

active military, naval, or air service in the Southwest Asia theater of

operations during the Persian Gulf War.

(2) The Southwest Asia theater of operations includes Iraq, Kuwait,

Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain,

Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of

Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace

above these locations.

[wjdenney]

Thanks KW34, Have already start that approach for an appeal. I have medical file and a ETS pysical showing hypercholesteral, with many years of treatment for this blood disorder by the VA and private Dr. john999 , any case with the va is a steep hill , almost all cases of Heart desease are not diagnosed until after your first heart attach. Point in case, I had a full VA physical 3 month before my by pass, and they missed 2 100% blocked arteries , this at 45. Thanks for the info. Any Ideal on the two ratings?

[john999]

Are you totally disabled from your heart condition? If you are working at all then I don't think you can get more than 60% no matter what. I have 60% for the same condition as you and I was already 80% and P&T when I got that rating. The extra 60% only got me up to 90%. VA math!

[wjdenney]

No, not at all, have heart problem with by pass, and high bp, and now central sleep apnea. Was just tring to figure out if approve would it be for 1 60% because of left ven of 45% for heart or would it be for 2 at 60% for a total of 84 % for the heart desease and by pass, because the heart des. caused the by pass? Any ideas?