Hyperlipidemia

[stillhere]

Berta picked up on this a couple of years ago.

In my case for EED for heart disease I was diagnosed with hyperlipidemia that was noted in my SOC and my chest pains were denied as heart disease in 2003. I went on to have a heart attack in Oct.05 I then sent the VA the info of my hospital stay and surgery and was granted heart disease but only back to the date of my heart attack.

The case below states a law where if condition such as hyperlipidemia causes a disease it should be considered back to that date.

Will this help me if I refer to this law? Am i reading this right?

In this case, the Board notes the facts are not in dispute

and that the medical evidence of record includes findings of

hyperlipidemia. The Board notes, however, that

hyperlipidemia is not a disability for VA compensation

purposes. Nor is there any evidence of a chronic disability

having been incurred as a result of hyperlipidemia. The

Court has held that, in cases such as this, where the law is

dispositive, the claim should be denied because of the

absence of legal merit. See Sabonis v. Brown, 6 Vet. App.

426 (1994). Therefore, the Board finds entitlement to

service connection for hyperlipidemia must be denied as a

matter of law.

[Sgt Schmidt]

Berta,

I don't have any of my service records on hand except for my DD-214. When my infantry unit pulled out of vietnam in September of 69 I was transfered to another unit and assigned as a base power plant operator. We were subjected to diesel fuel and exhaust fumes on a daily basis from the generators. I had the bronchitis when I was in the service and remember a doctor telling me that if I didn't stop smoking I would be dead before I reached thirty. As I recall, I didn't receive any type of treatments for the bronchitis.

Since my mos is 0311, (infantry) I don't know if I could prove the exposure to the diesel fuel and fumes. The power plant was located in AnHoa, which was south of DaNang.

Jeff

[stillhere]

IF the VA rated you as NSC on any rating sheet in the past- for anything that is now SC-then the diagnostic code they used could have been wrong because the diagnosis was probably wrong- and that could be where the CUE error is.

The county rep should go through all copies of any past decisions and rating sheets in their files.

We used to call them the Blue Sheets.

The Blue rating sheets that VA sends to the POA (at least they used to) always contained more info than what most vets got with their SOCs.

There would be copies of the same blue sheet rating info in your C file too.

Strange Berta, I sent an iris a few days ago asking about a hearingloss and tininitus appeal to BVA I have in waiting to be certified to the BVA. The iris said that my claim was in the way and that would have to be finshed first.

mean while I had a PTSD claim go through without a hitch inless than two months. Well today i jumped on the phone and called the 800# and they both said the same thing! Now that IS a first!

The guy and Iris both said by claim for my EED for Heart disease has been ready for decision since Dec 3, 09?? I guess the VA is waiting for the rules to come out on IHd before they grant or denie??

What do the rest of you think?

I haven't sent anything in and I guess they are just deciding on the information in my file?

[stillhere]

Bump

[Berta]

I dont know how they will handle the IHD regs-

in your case they did award for CAD right?

Perhaps the IHD regulations for AO vets will alter the rating schedule for what they now use for atherosclerotic heart disease- and provide a more favorable rating schedule then what was the standing CAD regs.

I dont know-and they still haven't posted the proposed regs for the new presumptives.

"The guy and Iris both said by claim for my EED for Heart disease has been ready for decision since Dec 3, 09?? I guess the VA is waiting for the rules to come out on IHd before they grant or denie??"

I would think so.

That decision will tell you the best way to proceed here.

[broncovet]

Sgt Schmidt,

Thank you for your service. My suggestion is that you are likely to get much more help with your questions if you start a "new" post, rather than asking your questions inside someone elses post, as your question could easily get missed by people who watch this board but may well have an answer to your question.

Stillhere

One well known Veteran's advocate, with the initials J.S., suggests not using either IRIS or the 800 number. Personally, I have found both to be highly unreliable, but usefull in a limited number of circumstances.

While I certainly can relate to your desire to get an answer from the VA quickly (hopefully favorable), something dawned on me the other day. We wait, and wait, and wait for the "envelope". Finally, lets say the magic envelope arrives, awarding us all we asked for.

What do we have to look forward to then, after we have gotten the money? Next months check?

We need to "enjoy the journey". Go visit your grandkids. Go fishing. Play Golf. Laff. Dont let that envelope be the key to your happiness, or depression because, either way, "the envelope" wont last.

[Sgt Schmidt]

Sgt Schmidt,

Thank you for your service. My suggestion is that you are likely to get much more help with your questions if you start a "new" post, rather than asking your questions inside someone elses post, as your question could easily get missed by people who watch this board but may well have an answer to your question.

Stillhere

One well known Veteran's advocate, with the initials J.S., suggests not using either IRIS or the 800 number. Personally, I have found both to be highly unreliable, but usefull in a limited number of circumstances.

While I certainly can relate to your desire to get an answer from the VA quickly (hopefully favorable), something dawned on me the other day. We wait, and wait, and wait for the "envelope". Finally, lets say the magic envelope arrives, awarding us all we asked for.

What do we have to look forward to then, after we have gotten the money? Next months check?

We need to "enjoy the journey". Go visit your grandkids. Go fishing. Play Golf. Laff. Dont let that envelope be the key to your happiness, or depression because, either way, "the envelope" wont last.

Broncovet, thanks for the advise. I'm new at this stuff and starting a new post I'm sure will be best.