Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

New Ao Presumptive

Rate this question

Berta

Asked by Berta,

 Share

Question

Berta

Berta

Posted
Posted (edited)

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 by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites
  • Answers 60
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

60 answers to this question

Recommended Posts

stillhere Veteran

stillhere

Posted
Posted
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.

Yes I am already SC at 60% for Heart disease secondary to DM2. I will have to go back and see if I actually put in the words caused by AO. But I did claim chest pains in 2003. Thanks for the question and answers on this.

Link to comment
Share on other sites
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Stillhere

It seems logical to me that you could claim an EED under Nehmer for ischemic heart disease if you had that DX before you got the SC for heart disease as secondary to DMII. I presume the DMII was due to AO? I would sure want to get a copy of your informal claim. I think in order for Nehmer to apply you have to have made a claim, but I could be wrong on that. Berta would know. If you claimed a heart condition prior to your getting SC'ed secondary to DMII then I think that would be good under Nehmer since you are an AO vet. You know if you were hospitalized for heart pains that could be an informal claim for SC and/or an EED.

Link to comment
Share on other sites
stillhere Veteran

stillhere

Posted
Posted
Stillhere

It seems logical to me that you could claim an EED under Nehmer for ischemic heart disease if you had that DX before you got the SC for heart disease as secondary to DMII. I presume the DMII was due to AO? I would sure want to get a copy of your informal claim. I think in order for Nehmer to apply you have to have made a claim, but I could be wrong on that. Berta would know. If you claimed a heart condition prior to your getting SC'ed secondary to DMII then I think that would be good under Nehmer since you are an AO vet. You know if you were hospitalized for heart pains that could be an informal claim for SC and/or an EED.

Thanks John that is what I thought too. I will check with the VA on the informal claim as you suggest.

My paper work does say I applied for heart disease secondary to Diabetes caused by AO. So I am hoping that Nehmer will pertain. I am also as I mentioned I think going back to my cardio doc and see what he thinks.

This has been a good discussion thanks to all!

Link to comment
Share on other sites
stillhere Veteran

stillhere

Posted
Posted

I met with my cardio doc today by chance for a follow up to a stress test. I asked him in his opinion since I had a heart attack in 05 could I have I had IHD in 2003? He said no one can say 100% but it is more than likely that you did.

Do I have a claim under nehmer??

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      kidva
      kidva earned a badge
      First Post
    • Conversation Starter
      kidva
      kidva earned a badge
      Conversation Starter
    • Week One Done
      Lebro
      Lebro earned a badge
      Week One Done
    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept