diabetes Question On Nehmer

[VNVetwife]

My husband had a heart attack in 2005,had stints put in , also was diagnosed with IHD. He didn't file claim,because it wasn't on AO list. Then in 2006 ,he was diagnosed with DMII ,, he filed on this , { and PTSD,he has always been bothered with PTSD, nightmares,flashbacks , etc,,.ever since he came back from Vietnam , he was, different as night and day when he came back home , ,but wouldn't go to VA for help }... Doctors took him out of work in 2006 , applied for SSDI,, sent all private doctors records in, and was approved for that. VA approved him 20% DMII , 30% PTSD.In that letter ,it stated they couldn't approve heart , secondary to DMII , because heart attack came first , before diabetes......What I was wondering ,would that come under Nehmer,since they referred to the heart in the approval letter , but denied it secondary to DMII , because heart attack was first. I was reading on some posts on VBN and they were talking about { inferred claims } , whatever that means,didn't really understand about all that........If anyone wants to have an opinion or answer , I would appreciate it very much. WE will just be happy if they approve these new persumtives ,,,maybe that would raise his rating enough that he would get his meds, without a co-pay , that would help a ton..,,,He takes 4 BP meds a day ,not counting all the rest of his meds , has acid reflux , artheritis ,etc.He does get diabetes meds and testing strips , without co-pay because of SC. Any help on this ?? ,,Just let me know.

[Berta]

"and in that letter is where it stated they couldn't approve his heart secondary to DMII because heart attack was before DMII."

That statement from VA indicates a denial of his heart disease and the date of the claim that generated this statement could become his earliest effective date under Nehmer for any IHD retro money.

Does he have a vet rep?

Here is the TDIU form.

On question # 18 he should check Yes and the under # 25 Remarks he should refer them to a separate page with his Name, address and C file number on it and tell them of his SSA award ( Is it solely for his SC and potentially SC IHD condition?

Has he ever mentioned having SSA award before to the VA?

In Remarks page he should tell them, anything else that would show he is unemployable due to his SC conditions.

He should mention the IHD and state there is a separate IHD claim pending from him with the VARO,filed under the new proposed AO IHD regs.He should list the side affects of his meds- those that would render anyone unemployable such as causes confusion, sleeplessness,do not take and drive etc- the side affects print outs could be attached as evidence.

If he ever applied for VA Voc Rehab and Voc Rehab turned him down solely due to his service connected disabilities, he should tell them that too.

My husband had a heart attack in 1988 while employed at the VA. It was misdiagnosed and left untreated.22 years later ( he died 15 years ago) the VA has recognized this heart attack was the initial manifestation of his AO diabetes mellitus.

Even the ADA itself has recognized that diabetes is often untreated or not diagnosed until someone has a heart attack that reveals diabetic etiology.

The best monitor for diabetes is the HBIAC test.

For some reason the VA doesn't always use this test when a vet presents a possible diabetic condition or a heart attack or stroke that could stem from untreated diabetes.

TDIU 21-8940.pdf

[Berta]

forgot - was he a VA patient when he had the heart attack 2005?

Do his medical records from VA reveal that they did in fact rule out diabetes at that time?

[stillhere]

If Nehmer is allowed in the IHD and the other issues up for approval I would say yes you will be approved. It may get a little tricky but you should get retro back to 05 the date of his heart attack.

[VNVetwife]

forgot - was he a VA patient when he had the heart attack 2005?

Do his medical records from VA reveal that they did in fact rule out diabetes at that time?

No , he wasn't a VA patient at time of heart attack ,which was 2005. When he developed DMII a year later is when he applied for VA healthcare and also filed for DMII SC to AO since it was on AO list. .......Thank You for replying to my post , any info would be greatly appreaciated. Thanks

[VNVetwife]

"and in that letter is where it stated they couldn't approve his heart secondary to DMII because heart attack was before DMII."

That statement from VA indicates a denial of his heart disease and the date of the claim that generated this statement could become his earliest effective date under Nehmer for any IHD retro money.

Does he have a vet rep?

Here is the TDIU form.

On question # 18 he should check Yes and the under # 25 Remarks he should refer them to a separate page with his Name, address and C file number on it and tell them of his SSA award ( Is it solely for his SC and potentially SC IHD condition?

Has he ever mentioned having SSA award before to the VA?

In Remarks page he should tell them, anything else that would show he is unemployable due to his SC conditions.

He should mention the IHD and state there is a separate IHD claim pending from him with the VARO,filed under the new proposed AO IHD regs.He should list the side affects of his meds- those that would render anyone unemployable such as causes confusion, sleeplessness,do not take and drive etc- the side affects print outs could be attached as evidence.

If he ever applied for VA Voc Rehab and Voc Rehab turned him down solely due to his service connected disabilities, he should tell them that too.

My husband had a heart attack in 1988 while employed at the VA. It was misdiagnosed and left untreated.22 years later ( he died 15 years ago) the VA has recognized this heart attack was the initial manifestation of his AO diabetes mellitus.

Even the ADA itself has recognized that diabetes is often untreated or not diagnosed until someone has a heart attack that reveals diabetic etiology.

The best monitor for diabetes is the HBIAC test.

For some reason the VA doesn't always use this test when a vet presents a possible diabetic condition or a heart attack or stroke that could stem from untreated diabetes.

Thank You for reply , and I'm so sorry for the loss of your husband .....I don't think he had been notified of his approval for SSDI at the time he filed for VA health care and filed for DMII on AO list. We sent all of his private doctor's records ,thats where they knew about his heart ,and they said they couldn't rate him on heart because heart attack came first. .........How did you get VA to recognize your husbands heart attack to the initial manifestation of his AO DMII ? I thought it was strange that it came on so sudden after his heart attack, it wasn't even a whole year, heart attack was Dec.2005 and was diagnosed with DMII around the middle of the year in 2006. How would we go about trying to get VA to recognize this ? His private doctor at that time is the one that found it through the A1C, AC1 blood test ,,,,{don't know which way that goes } but it was through that blood test that they found he had it..Any information would be appreciated .Thanks

[VNVetwife]

If Nehmer is allowed in the IHD and the other issues up for approval I would say yes you will be approved. It may get a little tricky but you should get retro back to 05 the date of his heart attack.

Even though he didn't file for IHD??,,,,,,, I didn't figure he would have a chance at Nehmer because he didn't file a claim on it because ,it wasn't on AO list ..........He filed for DMII ,,after he developed it around a year after his heart attack,,,but we sent all of his private doctor's records in after VA sent for all medical evidence.Thats why they knew about his heart. When he got approval letter that showed, SC compensation. ,,they stated that they couldn't rate him on heart, secondary to DMII because heart attack came first.,,, so that why I don't figure they will consider Nehmer,,,,but you probably know more about how they do things than we do ,,we are all new to all this . My husband didn't start in VA health care until doctors took him out of work in 2006. He signed up for SSDI in 2006 and was approved two or three months later in same year.