Agent Orange And Ihd Claim

[Donna]

My husband (a Viet Nam Vet) filed a claim on hearing loss and IHD in 2006. He has suffered 3 heart attacks since 1994 and the heart muscle has weakened to a point of needing an ICD implant in 2004. The claim for the heart disease was denied for not be SC and hearing loss was rated 10%. On 4-7-10 he filed a request to reopen his claim. We stated the reason as IHD related to AO and it is well documented in his files through private doctors. Two questions: the reply we recieved referenced CAD not IHD, I am thinking the reg states IHD includes CAD, am I right? and I have read that any vet having a ICD implant would receive a 100% rating, is that true? We are seeing a VCO Thursday. I need a place where we can ask questions.

[Berta]

Yes- Donna has your husband applied for SSA disability yet?

He can receive both SSDI and VA service connected comp with no offsets.

The SSA web site has more info on eligibility for SSA and also the initial application is there.

[Donna]

My husband had his first heart attack in 1994 at the age of 44. Two more since then and a EF of 36. He had a AICD implant in 2004. He filed for SSD in 2004 and the award was granted in March 2005. Filed the oringinal VA claim for IHD in 2006. Re-opened the claim on 4-10 and sent in all the medical release forms 4-22-10. Met with a VSO last Thursady. He said all we can do now is wait.

[Donna]

I would like to add, the VA asked for his earliest proof of heart disease and we sent in his discharge papers from the hospital in 1994 where he spent 11 days in the ICU at the age of 44. My husband gets upset at the term "entitlement". I feel even though the VA uses this term, it is "compensation" for a life possibly cut short from heart disease that might otherwise not have happened. There is no heart disease in his family or lifestyle patterns that would have brought on heart disease at the age of 44. They also wanted a statement from someone who knows him relating how this disease has impacted his life. I keep telling him not to let his pride get in the way, if AO causes IHD now, it did yesterday, the day before and so on. I am glad they finally recognized this disease, we know several Vets that have already died from this disease and some Vets that have the disease that are adamantly not wanting anything to do with the VA.

[Pete53]

Although I think that you have all that you need you are still dealing with VA and a Doctors Opinion that links his condition to his service would be some insurance. If he is being treated at VA they should be on top of Agent Orange and heart conditions.

Good Luck

So I disagree with your VSO and think you can be proactive instead of waiting.

[Donna]

I thought IHD being added to the list of presumtive illnesses automatically links his service to his illness? Thanks! We have a VA doctor and private cardiologists.

[Berta]

This is a AO presumptive condition Pete-in this veteran's case-

I feel they have enough for an award under Nehmer.

I dont feel they need to get any further med opinion yet.

Presumptive IHD-

Incountry Vietnam vet plus documented IHD disability equals SC due to AO regs.

"I am glad they finally recognized this disease, we know several Vets that have already died from this disease and some Vets that have the disease that are adamantly not wanting anything to do with the VA.M My husband is dead from IHD as a consequence of AO DMII.

I agree many vets will not file claims but they should.

Is the SSDI solely for this condition and is VA aware of that?

I think your SO and I both felt the 2006 date would be the retro date under Nehmer-

but there could be a chance for a year prior to 2006 date-

"He filed for SSD in 2004 and the award was granted in March 2005. Filed the oringinal VA claim for IHD in 2006. Re-opened the claim on 4-10 and sen" etc.....

VA went back one year prior to my husband date of claim for PTSD-not using the date he filed the PTSD claim but using the last day he worked per SSA for that EED.

This might work in your case too- here.

Hopefully the decision wont take too much longer to arrive.