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

[Wings]

x

x

x

Would someone please post the new law, from the Federal Register, and codified law ... ~Wings

[Berta]

http://www.regulations.gov/search/Regs/hom...A-2009-VBA-0023

This isnt a regulation yet- and the comment period was supposed to be closed on OCt 23rd,2009 but I see John Hall (Congressman, NY) commented after that date so maybe many can still comment and tell the VA publicly your feelings on this proposed PTSD regulation.

WOW plenty made comments there!Some of us hadit members commented early on-as soon as they posted it.

[Wings]

http://www.regulations.gov/search/Regs/hom...A-2009-VBA-0023

This isnt a regulation yet- and the comment period was supposed to be closed on OCt 23rd,2009 but I see John Hall (Congressman, NY) commented after that date so maybe many can still comment and tell the VA publicly your feelings on this proposed PTSD regulation.

WOW plenty made comments there!Some of us hadit members commented early on-as soon as they posted it.

x

x

x

I need the regulation on AO/Heart Disease. Thanks Berta. Have a Nam Vet with AO/CAD and 50% PTSD. ~Wings

[Berta]

There is no formal AO CAD reg yet Wings.

It is a proposed reg that Shinseki has approved for ischemic heart disease, Parkinsons, and Hairy Cell Leukemia to go onto the AO presumptive list.

The new reg will probably not say CAD (cardiovascular arterial disease), it will read as ischemic heart disease-which could leave some CAD vets out.

If the vet has had an ECHO and was given an ejection fraction low enough to be indicative of narrowing of arteries or clotting or arterial plaque -this would show evidence of ischemic heart disease unless the IHD is clearly spelled out in their medical records.i I would think if the vet had prior heart attacks(s) due to ischemia of heart-that would be obvious evidence of IHD.

When I read this new proposed IHD reg -after having studied cardiology many years ago- I saw the loopholes that could possibly prevent many CAD vets from attain AO comp under the new reg.

VA has to define clearly soon what they mean by IHD for AO claims purposes.

Mostly of every heart condition is in fact ischemic in nature-but not all.Also ischemic heart disease can have many many different medical terms to define it as diagnosis in med recs- but VA raters dont know what those medical terms are and wont be looking through a stack of clinical records for the word ischemic.

DMII causing CAD also causes more likely as not-the veteran to have ischemia of heart or even brain too,and ischemia is also a basis reason for some PN disabilities too.

Still- it depends on how VA words the regulation and maybe we will all have chance to comment on this reg at the Fed Register site.

I wish they had said all forms of CAD to include CHF and IHD would be in the new presumptives but they didnt.

It would cost them too much.

Edited November 9, 2009 by Berta

[john999]

Yes, the VA tip toes around the cancers and all the other AO presumptive diseases to just admit something but to actually use the regs to deny many. Like you say Berta, it is about money. They had us. They used us. Now they want to pay out as little as possible. Better to bail out banks and insurance companies than to take care of vets. AO deaths are not even considered war deaths. Just an unhappy coincidence. You were in Vietnam. You got exposed to AO and now you are dead. Too bad, so sad, no money.

[Wings]

There is no formal AO CAD reg yet Wings.

It is a proposed reg that Shinseki has approved for ischemic heart disease, Parkinsons, and Hairy Cell Leukemia to go onto the AO presumptive list.

The new reg will probably not say CAD (cardiovascular arterial disease), it will read as ischemic heart disease-which could leave some CAD vets out.

If the vet has had an ECHO and was given an ejection fraction low enough to be indicative of narrowing of arteries or clotting or arterial plaque -this would show evidence of ischemic heart disease unless the IHD is clearly spelled out in their medical records.i I would think if the vet had prior heart attacks(s) due to ischemia of heart-that would be obvious evidence of IHD.

When I read this new proposed IHD reg -after having studied cardiology many years ago- I saw the loopholes that could possibly prevent many CAD vets from attain AO comp under the new reg.

VA has to define clearly soon what they mean by IHD for AO claims purposes.

Mostly of every heart condition is in fact ischemic in nature-but not all.Also ischemic heart disease can have many many different medical terms to define it as diagnosis in med recs- but VA raters dont know what those medical terms are and wont be looking through a stack of clinical records for the word ischemic.

DMII causing CAD also causes more likely as not-the veteran to have ischemia of heart or even brain too,and ischemia is also a basis reason for some PN disabilities too.

Still- it depends on how VA words the regulation and maybe we will all have chance to comment on this reg at the Fed Register site.

I wish they had said all forms of CAD to include CHF and IHD would be in the new presumptives but they didnt.

It would cost them too much.

Thanks so much Berta. My freind has been on appeal with the BVA for about 10 years. They denied his heart disease secondary to PTSD. Since his first appeal, he's had by pass surgury and needs a stent, but has to heal his cholostomy infection. He was exposed to AO, and his 30 y/o son a couple of years back with colon canncer. I want to give him some good news, for a change. Please let me know when you see this proposed rule at the FedReg. Thanks again. ~Wings