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
Question
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.
Link to comment
Share on other sites
Top Posters For This Question
17
12
6
5
Popular Days
Jan 7
12
Jan 14
7
Jan 6
6
Jan 8
5
Top Posters For This Question
stillhere 17 posts
Berta 12 posts
jerrbilly 6 posts
broncovet 5 posts
Popular Days
Jan 7 2010
12 posts
Jan 14 2010
7 posts
Jan 6 2010
6 posts
Jan 8 2010
5 posts
49 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now