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

[akwidow]

bump

[jbasser]

Hello again Berta,

I just got off the phone for a half an hour beleive it with my VA regional office.

I really wanted to know how the VA was going to apply the new rules on the IHD but the nice lady went ahead and put in an informal claim for an earlier effective date for me.

In 2003 when I was granted DM2 and PN I was also granted a noncompensation for HBP I guess that means 0%.

I have only been given a stress walking test with and ekg and that time and a chest exray nothing else. I know my blood work showed hi choelstreail reading and that was about it that I can remember. When I appealed they just denied with the same material and sent me a SOC. I will have to go back and look at that.

I still have not been able to track down the Fast Letter for the Heart Disease if someone has that or knows where a Link would be appreciated.

Thanks again, Stillhere

Stillhere, you dont have to worry about the new heart disease criteria. Your SC'd for HTN and you should get it anyway.

J

[Berta]

"I just got off the phone for a half an hour beleive it with my VA regional office.

I really wanted to know how the VA was going to apply the new rules on the IHD but the nice lady went ahead and put in an informal claim for an earlier effective date for me. "

WOW- you must have some good internal phone numbers.Did they say they would send you a copy of the informal claim?

The new AO Ischemic regs are not in granite yet but I will try to find the Cardiovascular VA training letter-it should be here hadit and I know I have it here in a file...somewhere...in the stack of 20 years of VAOLA.

Edited October 20, 2009 by Berta

[stillhere]

"I just got off the phone for a half an hour beleive it with my VA regional office.

I really wanted to know how the VA was going to apply the new rules on the IHD but the nice lady went ahead and put in an informal claim for an earlier effective date for me. "

WOW- you must have some good internal phone numbers.Did they say they would send you a copy of the informal claim?

The new AO Ischemic regs are not in granite yet but I will try to find the Cardiovascular VA training letter-it should be here hadit and I know I have it here in a file...somewhere...in the stack of 20 years of VAOLA.

Hi Berta, I down loaded it way back when you posted it on line. I just need to find it on my computer.

I guess it all is going to depend on if VA is going to allow Nehmer on this condition or not?

Edited October 20, 2009 by stillhere

[john999]

Stillhere

Are you already SC'ed for heart disease? You say the VA put in a claim for an EED for heart disease? In order to get an EED you have to be SC'ed already. The idea that the VA is going to put in a claim for you over the phone would not make me feel all that secure. Do you have a DX for heart disease secondary to DMII? I got SC'ed for CAD secondary to DMII. It is not automatic by any means. The ischemic thing is presumptive now so I guess Nehmer would apply if you have already claimed heart disease caused by AO. If you have not claimed it then it won't apply.

[john999]

Stillhere

Are you already SC'ed for heart disease? You say the VA put in a claim for an EED for heart disease? In order to get an EED you have to be SC'ed already. The idea that the VA is going to put in a claim for you over the phone would not make me feel all that secure. Do you have a DX for heart disease secondary to DMII? I got SC'ed for CAD secondary to DMII. It is not automatic by any means. The ischemic thing is presumptive now so I guess Nehmer would apply if you have already claimed heart disease caused by AO. If you have not claimed it then it won't apply. Just because you are SC'ed for hbp does not mean automatic SC for subsequent heart problems. You need a medical opinion for almost all secondary conditions. Do you even know if you have heart disease or are you just filing to protect yourself under Nehmer?