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New Ao Presumptive

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Berta

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Berta

Berta

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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.

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stillhere Veteran

stillhere

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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.

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john999 Grand Master

john999

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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.

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stillhere Veteran

stillhere

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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!

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stillhere Veteran

stillhere

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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??

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