New Ao Regulations

[Berta]

I had to copy the email I got and the links can be copied and pasted into Google to read the regs-sorry but I caanot seem to directly copy and paste stuff here today.I diont know who this came from- someone named Rich Just checked todays Federal Register and they have finally published the new regs on the three new presumptives.

Here is a link to the .pdf version http://edocket.access.gpo.gov/2010/pdf/2010-6549.pdf

And here is a link to the text version. http://edocket.access.gpo.gov/2010/2010-6549.htm

Welcome home all!

[stillhere]

Hi Berta and thanks. if I read this correctly Nehmer will come into play and my claim in for an EED may just be granted as I had hoped.

My cardio doc has already said that he will write ma a letter in support so we will see.

[Berta]

Yes -the Nehmer Court order should cover any claim under the new regulation.

Meaning if a vet with Parkinson's, Hairy Cell B, or IHD ,who also was exposed to AO- was denied in the past by VA for a similiar* claim-then Nehmer should involve paying them retro back to the date of the past claim.

What I mean by similiar claim is this-if the vet claimed CAD due to AO which was obviously IHD then this was an original claim for IHD.

A vet's lawyer told me (and I feel some cases will bear this out) that CAD is not always IHD.

A friend of mine has CAD with no possible atherosclerotic involvement (per his VA ECHO)so this vet might not be considered at all as having IHD.

Then again- although I couldn't wait for these regs to be published- I have not had time to read them.

Anyone can make public comment on them at the Federal Register Web site and someone here commented already I think.

[evandc]

Is all CAD not covered if I read the following as part of the FR....I have a 2001 turndown(single, but in 2009 three blockages) for CAD & last year had 2 Heart Caths & 3 stents...what do I do next??

Thanks,

Don

According to Harrison's Principles of Internal Medicine (Harrison's

Online, Chapter 237, Ischemic Heart Disease, 2008), IHD is a condition

in which there is an inadequate supply of blood and oxygen to a portion

of the myocardium; it typically occurs when there is an imbalance

between myocardial oxygen supply and demand. Therefore, for purposes of

this regulation, the term ``IHD'' includes, but is not limited to,

acute, subacute, and old myocardial infarction; atherosclerotic

cardiovascular disease including coronary artery disease (including

coronary spasm) and coronary bypass surgery; and stable, unstable and

Prinzmetal's angina. Since the term refers only to heart disease, it

does not include hypertension or peripheral manifestations of

arteriosclerosis such as peripheral vascular disease or stroke.

[vperl]

Is all CAD not covered if I read the following as part of the FR....I have a 2001 turndown(single, but in 2009 three blockages) for CAD & last year had 2 Heart Caths & 3 stents...what do I do next??

Thanks,

Don

According to Harrison's Principles of Internal Medicine (Harrison's

Online, Chapter 237, Ischemic Heart Disease, 2008), IHD is a condition

in which there is an inadequate supply of blood and oxygen to a portion

of the myocardium; it typically occurs when there is an imbalance

between myocardial oxygen supply and demand. Therefore, for purposes of

this regulation, the term ``IHD'' includes, but is not limited to,

acute, subacute, and old myocardial infarction; atherosclerotic

cardiovascular disease including coronary artery disease (including

coronary spasm) and coronary bypass surgery; and stable, unstable and

Prinzmetal's angina. Since the term refers only to heart disease, it

does not include hypertension or peripheral manifestations of

arteriosclerosis such as peripheral vascular disease or stroke.

*****************************************************

The VA will propabaly use the same regulations to get DSisability PRECENTAGES>> using this form, download the file I have here read and see the probable % they will grant... good luck..

S4_104.doc

[Berta]

YES!!!!

I read the regs and you are right Evandc and this is very good news for vets in the definition of IHD that they put onto the regs.

that is- this is how I understand this part:

"atherosclerotic

cardiovascular disease including coronary artery disease"

Don-you should file a claim under this reg and advise them of the past denial. Do you still have that older denial decision?

Also someone asked about Nehmer and they spelled it out quite well as to how Nehmer applies to these new regulations.

[evandc]

Berta,

Thanks, Yes I have older denial decision. I have it filed away & I'll have to dig. PTSD takes over & I can't remember where everything is located without some searching. I never, ever wanted to file for anything but PTSD & later Cancer, but in 2001 I decided to add CAD & really expected it to be turned down. So that could have been blind luck on part..even if it was turned down.

Don

Edited March 26, 2010 by evandc