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.

[stillhere]

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.

[/quote

Yeah Berta, I think so too but I was a little shocked and wanted to hear what you might think.

On another site I go to a lot of the guys filed back in Oct. 09 and are gettinr called in for C&Ps but in my case everything is in my files and I have service connected. Why in hell would they need a C&P.

Well we will see. I will post whenever they decide but some are saying will not happen till May and then really not until Sept.

Another delay by the VA? Of course!

[stillhere]

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.

Hey Bronco i am 90% now and I plan to enjoy somethings while I am Stillhere!

Heading to Disneyworld with the kids Jan.23 for a week. Good advise!

[Berta]

stillhere - I hope you caught my point in past reply- the VA might say -well we pay you for CAD anyhow so we can change that to IHD ----at the same rating-

Any increase to the CAD rating since their last determination , by more current medical evidence ,could be higher award under the new regs. Maybe.Or maybe your rating will stay the same but for IHD and not CAD-

It is just impossible to opine here how they will handle your claim-or any new AO claims-

Actually VA is supposed to be going through ALL claims that were denied in the past for IHD, Parkinson's and Hairy Cell B Leukemia.

This is to pull out any denied claims that now come under Nehmer and have very favorables EEDs.

I will post under the AO topic eventually what a vet or widows needs to do if VA awards under the 3 new regs but starts to hold back on the retro.There is a special procedure for handling those claims if the VA screws up.

But the vet or widow has to know the VA screwed up. Unfortunately many wont know unless they come here to the AO forum and/or read the Nehmer decision and other AO info at NVLSP web site.

I told NVLSP lawyer that I believe it is highly unlikely the VA is really going to look for past denied claims that now are under the new presumptives.

Many of those vets are possibly dead by now and even some of their spouses are probably dead. VA would have to find their next of kin for the award of the retro per Nehmer and I told the NVLSP lawyer it is definitely "more than likely" they will screw those posthumous retro awards all up anyhow. I told him we have a AO fprum here for future AO claims problesm under the 3 new AOS which he was very glad to hear of-= also NVLSP wants contact via their web site email addy from any new AO vets with any of these presumptives.

AO exposed vets-they cannot help if the exposure has not yet been confirmed.

The VA cant even handle the AO claims they have now let alone peruse old denials that are now valid AO claims.

You would think these SOs and vet reps would be checking their files too because there are denied vets there in their files who now have probative and potential successful AO claims due to the new presumptives.

I hardly feel too many reps would even have the foresight to do that. It could make them look good for their vet orgs to have these now-winnable claims. But many reps are too lazy to do that and I bet many dont even know what the Nehmer decision is really all about.

Edited January 14, 2010 by Berta

[stillhere]

stillhere - I hope you caught my point in past reply- the VA might say -well we pay you for CAD anyhow so we can change that to IHD ----at the same rating-

Any increase to the CAD rating since their last determination , by more current medical evidence ,could be higher award under the new regs. Maybe.Or maybe your rating will stay the same but for IHD and not CAD-

It is just impossible to opine here how they will handle your claim-or any new AO claims-

Actually VA is supposed to be going through ALL claims that were denied in the past for IHD, Parkinson's and Hairy Cell B Leukemia.

This is to pull out any denied claims that now come under Nehmer and have very favorables EEDs.

I will post under the AO topic eventually what a vet or widows needs to do if VA awards under the 3 new regs but starts to hold back on the retro.There is a special procedure for handling those claims if the VA screws up.

But the vet or widow has to know the VA screwed up. Unfortunately many wont know unless they come here to the AO forum and/or read the Nehmer decision and other AO info at NVLSP web site.

I told NVLSP lawyer that I believe it is highly unlikely the VA is really going to look for past denied claims that now are under the new presumptives.

Many of those vets are possibly dead by now and even some of their spouses are probably dead. VA would have to find their next of kin for the award of the retro per Nehmer and I told the NVLSP lawyer it is definitely "more than likely" they will screw those posthumous retro awards all up anyhow. I told him we have a AO fprum here for future AO claims problesm under the 3 new AOS which he was very glad to hear of-= also NVLSP wants contact via their web site email addy from any new AO vets with any of these presumptives.

AO exposed vets-they cannot help if the exposure has not yet been confirmed.

The VA cant even handle the AO claims they have now let alone peruse old denials that are now valid AO claims.

You would think these SOs and vet reps would be checking their files too because there are denied vets there in their files who now have probative and potential successful AO claims due to the new presumptives.

I hardly feel too many reps would even have the foresight to do that. It could make them look good for their vet orgs to have these now-winnable claims. But many reps are too lazy to do that and I bet many dont even know what the Nehmer decision is really all about.

Well if nehmer happens that would be even better for me, since I filed for heart disease back in 2003 for agent orange related to Dm2 and was denied.

As you say if the VA is going to go back through the Denied claims say since AO and DM 2 was ordered and then compensate all those that applied. That would be fine with me but I agree I don't think that will happen either.

Every vet that was denied before should apply to have there claim reopend and they should be compensated. Because you know sometimes the VA will miss a few! :(

[stillhere]

Wanted to post an update on my claim for an EED for my heart disease. In calling the 800# and an Iris back in Jan. Both said my claim was waiting decission.

This week March 1 I called and iris again and both said my claim had been decided and is at the raters. The both went on to say that I would see nothing more on my claim until at least May when the new regs come out for IHD!

Leads me to belief that my claim for an earlier effective date has been approved and the rater will have to wait for the regs to see how to apply them. Anyone else get that too??

Also they both said my appeal to the BVA will nto move until the IHD claim has be settled!

[john999]

You know every RVN vet will die from some kind of heart failure eventually. The VA might as well just give every widown DIC. Instead they will try to narrow what IHD is as per AO exposure. I am 60% for athro secondary to DMII. I doubt the VA is going to SC me as IHD. They are probably looking at a million cases of some kind of heart disease for RVN vets. I was a youngster, but many RVN vets are well into their 60's or even 70's when heart problems get more serious. You know they want us to die before we get SC'ed for IHD. Then our widows have to stuggle with DIC and the VA knows many will quit. I bet they have stats on that.