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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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LWF

What Is This Liberalized Law

Question

I was reading Tom Philpott 's post and would like to know more about the Liberalized Law. Will the VA look back at prior years for older dates that match your claim and add this in or is this an issue you have to fight for?

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My guess is that you would have to ask the VA to use the Liberalized Law, They never do anything to help a Veteran unless it is requested.

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"I was reading Tom Philpott 's post and would like to know more about the Liberalized Law. Will the VA look back at prior years for older dates that match your claim and add this in or is this an issue you have to fight for? "

He means the Nehmer decision has had a more favorable affect on al; AO claims-not just these new presumptives.

Proof of exposure to Agent Orange, plus a documented disability on the AO list equals SC due to AO.

The retro dates -as the article says- are going to go back to date of any initial claim that was denied-but for the same now presumptive AO condition.

It doesn't matter if the vet claimed the disability in the original claim was due to AO or not.

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PS the VA is supposed to be looking through claims that were denied in the past that now come under the new AO regs.and ostensibly contact those vets or wiodws who fall under the new regs.

I don't believe they will accomplish that at all.

Any vet who has a disability on the new presumptives -with exposure to AO should file a claim ASAP and tell them of any past denials for the same condition (Attach and refer to copy of the denial if they have it)-or their vet rep has a copy of it) and remind them that Nehmer provides for a retroactive payment back to the filing date of the past denied claim.

In my comment for the regulations in the Federal Register I made point regarding IHD that:

"1.The definition of Ischemic heart disease, relying on Harrison's Principles of Internal Medicine ( 2008 Edition on line per the regulation) iscncise enough for VA to properly identify and rate IHD even though the medical records could show a different nomenclature that means the same disability. The regulation, on page 5 of 20,separates HTN, PAD, and CVA from inclusion in the specific IHD regulations.

However the VA could (and should) infer any of these or other known medical conditions with an IHD etiology, that appear in the veteran's medical records, and establish a proper secondary service connected rating for them, if they raise to a compensable level,when they resolve these AO claims."

If the IHD was characterized differently in a past claim but is obvious IHD by virtue of ECHO results, EKGs etc, this point should be made to the VA.

I feel that -many past claims for IHD already had C & Ps that could still be relevant unless a newer C & P has to be performed fir any increase in disability since the last denied claim for IHD.

But I fear some rater would not order a new C & P and possibly deny the new IHD claim because the past C & P and med recs did not specify IHD well.

Although the new regs clarifies IHD- it pays to clarify our claims so there is no way VA can get out of a IHD claim.

A lawyer on the radio shows I did for SVR said that not all CAD is IHD.This is quite possible.

IHD can be determined by Echo, METS, and the Ejection Fraction as well as by atherosclerotic involvement.

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PS the VA is supposed to be looking through claims that were denied in the past that now come under the new AO regs.and ostensibly contact those vets or wiodws who fall under the new regs.

I don't believe they will accomplish that at all.

Any vet who has a disability on the new presumptives -with exposure to AO should file a claim ASAP and tell them of any past denials for the same condition (Attach and refer to copy of the denial if they have it)-or their vet rep has a copy of it) and remind them that Nehmer provides for a retroactive payment back to the filing date of the past denied claim.

In my comment for the regulations in the Federal Register I made point regarding IHD that:

"1.The definition of Ischemic heart disease, relying on Harrison's Principles of Internal Medicine ( 2008 Edition on line per the regulation) iscncise enough for VA to properly identify and rate IHD even though the medical records could show a different nomenclature that means the same disability. The regulation, on page 5 of 20,separates HTN, PAD, and CVA from inclusion in the specific IHD regulations.

However the VA could (and should) infer any of these or other known medical conditions with an IHD etiology, that appear in the veteran's medical records, and establish a proper secondary service connected rating for them, if they raise to a compensable level,when they resolve these AO claims."

If the IHD was characterized differently in a past claim but is obvious IHD by virtue of ECHO results, EKGs etc, this point should be made to the VA.

I feel that -many past claims for IHD already had C & Ps that could still be relevant unless a newer C & P has to be performed fir any increase in disability since the last denied claim for IHD.

But I fear some rater would not order a new C & P and possibly deny the new IHD claim because the past C & P and med recs did not specify IHD well.

Although the new regs clarifies IHD- it pays to clarify our claims so there is no way VA can get out of a IHD claim.

A lawyer on the radio shows I did for SVR said that not all CAD is IHD.This is quite possible.

IHD can be determined by Echo, METS, and the Ejection Fraction as well as by atherosclerotic involvement.

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