hypertension New Ao Presumptive

[Berta]

I foresee problems in the new Ischemic AO heart disease presumptive disability-

this case shows what I mean.

Veterans might sure need to rely on ECHO reports and documented Ejection Fractions-and other evidence of atherosclerotic heart disease because heart disease can have many types of names yet only the "ischemic" type is within the new AO presumptive addition.

"The Veteran's death certificate shows that he died from

congestive heart failure. The VA physician who wrote the VA medical opinion in April 2009 concluded that the Veteran's congestive heart failure was not due to ischemic heart disease or hypertensive vascular disease. However, he made no mention of the February 1986 private medical record showing nonspecific ST-T wave changes, the October 1986 chest X-rays showing arteriosclerosis, or the diagnoses of generalized arteriosclerosis and essential hypertension in January 1987. His opinion appears to have been based on an incomplete history, and it is not sufficient to rebut the presumption of service incurrence for atherosclerotic heart disease and hypertensive vascular disease. See 38 C.F.R. § 3.307(d). During the Veteran's lifetime, he was diagnosed as having arteriosclerosis and hypertension. Since atherosclerotic heart disease and hypertensive vascular disease (and their complications including congestive heart failure) are connected to service by presumption in light of the Veteran's POW status, and he died from congestive heart failure, service connection for the cause of the Veteran's death is warranted. Reasonable doubt has been resolved in the appellant's favor. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1991). ORDER Service connection for the cause of the Veteran's death is granted. From:http://www.va.gov/vetapp09/files3/0924239.txt

Edited October 17, 2009 by Berta

[Berta]

PS all- these new AO presumptives will be in the Federal Register for public comment soon.

Hopefully the VA will define ischemic heart disease as any CAD involving evidence that causes ischemia such as abnormal ejection fraction or ECHO results showing atherosclerotic invovlements.

I dont know why they didnt include ischemic brain trauma too- hope I remember that when I make comment at Fed Reg site-

Ischemic brain trauma ( clots causing stroke) more than likely is medically due to heart disease of ischemic nature.

You get a clot in your heart -it can travel to the brain-

these are problems that are highly consistent with undertreated and poorky controlled diabetes mellitus as well as serious cholestrol problems.(hyperlipedimia) which can lead to atherosclerosis of heart and brain.

I am not a doc -but this is public knowledge.

[Commander Bob]

PS all- these new AO presumptives will be in the Federal Register for public comment soon.

More Agent Orange baby steps...

Edited October 17, 2009 by Commander Bob

[john999]

Right, the VA is pussyfooting around the main killers of AO vets. They are playing games to try and exclude as many vets as possible while throwing a bone to the AO vet community. They won't make cancer and heart disease presumptive. They pick this cancer, and that heart problem knowing that every day they can stall means another dead vet with no service connection and no DIC. They pretend this thing is scientific when it just involves the VA's checkbook.

[stillhere]

Ok I want to throw this out there and see what kind of discussion we have.

I am total 80% now I filed for DM2 and heart disease at the same time because of heart pains I was having. The VA denied my claim after their C&P of a regular stress test and a chest xray. I appealed all the way to a NOD and was denied the final time in June of 05. In October of 05 I had two heart attacks and ended up with a couple of stents my heart attack was attributed to CAD. I filed again when I felt better in Jan. 06 and sent all my docs from the DR, and the hospital and the VA granted my claim at 60% but only back to Oct.05 when I had the MI.

Now that IHD has been recognized as presumptive can I reopen my denied claim from 03 and ask for an earlier effective date for the Heart Disease? Anyone know? I did see a poet on here where the Fast Letter had been sent to the ROs anyone privy to what it said??

[stillhere]

I foresee problems in the new Ischemic AO heart disease presumptive disability-

this case shows what I mean.

Veterans might sure need to rely on ECHO reports and documented Ejection Fractions-and other evidence of atherosclerotic heart disease because heart disease can have many types of names yet only the "ischemic" type is within the new AO presumptive addition.

"The Veteran's death certificate shows that he died from

congestive heart failure. The VA physician who wrote the VA medical opinion in April 2009 concluded that the Veteran's congestive heart failure was not due to ischemic heart disease or hypertensive vascular disease. However, he made no mention of the February 1986 private medical record showing nonspecific ST-T wave changes, the October 1986 chest X-rays showing arteriosclerosis, or the diagnoses of generalized arteriosclerosis and essential hypertension in January 1987. His opinion appears to have been based on an incomplete history, and it is not sufficient to rebut the presumption of service incurrence for atherosclerotic heart disease and hypertensive vascular disease. See 38 C.F.R. § 3.307(d). During the Veteran's lifetime, he was diagnosed as having arteriosclerosis and hypertension. Since atherosclerotic heart disease and hypertensive vascular disease (and their complications including congestive heart failure) are connected to service by presumption in light of the Veteran's POW status, and he died from congestive heart failure, service connection for the cause of the Veteran's death is warranted. Reasonable doubt has been resolved in the appellant's favor. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1991). ORDER Service connection for the cause of the Veteran's death is granted. From:http://www.va.gov/vetapp09/files3/0924239.txt

Berta that is a very interesting post. I also posted my situations and would appreciate any comments. Thanks, Stillhere

[Berta]

Stillhere-if the VA was telling you that you didnt have heart disease and/or DMII- and you in fact did- this is basis for FTCA case (if you are still within the 2 year SOL)as well as a Section 1151 claim.

I assume you are an AO vet and this is why they awarded for the DMII and heart condition?

I suggest that you definitely read over the Nehmer Court Order and the EED link at NVLSP.

DMII went onto the presumptives for AO in May 2001. I think they might owe you some Retro!

This is the link-http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-nehmer-retrobenefit.htm

The VA challenge they mention re CLL didnt work-I helped a CLL vet challenge it and he got his proper EED.

The article is dated but still- it pays for Every AO vet and/or widow to read the EED rules under Nehmer.

Example is my case-Rod died 15 years ago.

DMII never appears in his med recs at all.

I proved they misdiagnosed him and in April BVA awarded death due to AO complications from DMII.

My EED is 1994.

They are still trying to figure out the retro.

Edited October 17, 2009 by Berta