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Ao Ihd Vets


Berta
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Question

Has anyone here- after filing under the proposed IHD regs, or having been denied for IHD in past VA decision- received a developmental letter yet from the VA ?

Or a letter that states they might potentially be in the Nehmer Class Action due to the proposed new IHD regs?

This letter is described on page 101 in the NVLSP link I posted yesterday as to the new presumptives and Nehmer court order,under Appendix 12 as instructions to VA VSRs.

It appears that VA will also send each potential AO IHD veteran a worksheet that, if their doctor fills out, and they promptly return to VA -will potentially speed up these IHD clams.

I thnk they forgot about widows again.But I have not had time to read all of these detailed info as to how the VA will handle these claims at the NVLSP link.

With my IHD AO claim I sent them the death certificate and ECHO,EKGS etc, and all evidence that shows my deceased husband, a Vietnam vet ,had IHD and died from it.

It would appear to me that the VA could even save time but Not sending a VCAA letter to any IHD vet-if they "qualify for special review" per page 101 of the info.

Of course the VA has to determine that by reading all claims they had that were denied for IHD in the past.

(how will they ever get that done)

I strongly suggest to do what I did when I sent my claim in Monday- refer them to (and even enclose if possible)any past denials you may have had for IHD so that you can properly receive the earliest effective date for the retro under Nehmer.

It doesnt matter whether you claimed AO as the cause of the IHD or not,in the past claim, as long as VA can readily determine that your present claim for IHD is the same heart disease as you claimed before and were denied.

I had a BVA denial years ago- I had claimed my husband's heart disease was due to his PTSD and enclosed Dr. Bosarino's studies on that among other evidence of this type.This was in 1995 and I never considered getting an IMO nor did anyone tell me to.VA was different in those days.They could say a claim was not well grounded and deny and that was that.

I didn't pursue that claim because I won my other claims.

But I sure brought up the BVA information on that denial to make sure VA knows an IHD claim was denied by VA in the past.

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Hi Berta, I have a claim in for a EED as you know and have not gotten any letter from them yet.

I think those that filed in the past will be looked at if they filed for any type of heart problems. Like in my case I filed for chest pains/angina and was denied.

After just being awarded 100% P/T with housebound they did ask if I wanted to drop any of my other claims like the one for the EED and my BVA appeal for hearing loss and I said NO. I still feel I will win my claim at the BVA.

As far as the EED for my heart that should be granted if Nehmer comes into play.

They also asked if I want to apply for Gerd and anemia which is in my records and has been since 05 and I said no. Taken a little bit of a breather of late and getting all my affairs in order in case anything may happen. I am preparing a folder for my wife with this website and instruction on what to do if that occurs. Certainly does not hurt to be prepared when you are dealing with the VA.

If I do receive the letter I will post on this thread for sure.

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Stillhere - today I posted the link again for the whole 9 yards on how the VA will consider these new AO clams and Nehmer and hopefully any affected vet or widow will read this information carefully so they can know what to expect with their re opened claim under the proposed new AO regulations.

I posted the link within a topic and couldnt find it- now it cant be missed.

I was wrong- there is extensive info on widow's claims yet I dont find any type of template letter that widows will receive from the VARO-I will just have to wait and see what they send me or call NVLSP if I get a chance to see what widows should expect n the mail.

"Like in my case I filed for chest pains/angina and was denied."

Were you diagnosed with ischemic heart disease or myocardial infarction and was it coded in that decision and given an NSC rating?

What diagnostic code did they use?

Were EKGS or an ECHO done?

Are you now diagnosed with IHD?

If you read the link info-you will see what I mean-

a past denied claim has to be pretty specific as to being the same new presumptive AO disability.

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Stillhere - today I posted the link again for the whole 9 yards on how the VA will consider these new AO clams and Nehmer and hopefully any affected vet or widow will read this information carefully so they can know what to expect with their re opened claim under the proposed new AO regulations.

I posted the link within a topic and couldnt find it- now it cant be missed.

I was wrong- there is extensive info on widow's claims yet I dont find any type of template letter that widows will receive from the VARO-I will just have to wait and see what they send me or call NVLSP if I get a chance to see what widows should expect n the mail.

"Like in my case I filed for chest pains/angina and was denied."

Were you diagnosed with ischemic heart disease or myocardial infarction and was it coded in that decision and given an NSC rating?

What diagnostic code did they use?

Were EKGS or an ECHO done?

Are you now diagnosed with IHD?

If you read the link info-you will see what I mean-

a past denied claim has to be pretty specific as to being the same new presumptive AO disability.

Got to run Berta but quickly wanted to answer this some what. I am 100% P/T because of my heart and a MI in oct. 05. I was denied in June of 05 and 4 months later had heart attack. The qtc exam only show hyperlipdemia but my 2002 ekg and echo which was in my file showed a LVE of 50%.

I am trying the EED way first and if that does not work I will file for malpractice. I feel they almost killed me.

Take care!

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I was denied for Coronary Artery disease associated with agent orange in September 2004 because there was no known connection with the heart isssue and the herbicide. I have not received any communication from VA regarding Nehmer. I have filed myself though and still waiting like everyone else.

I also have a question...when I was turned down for that, my DAV rep found in my service records where I had hypertension when released from service and got me a 60% award for hypertention. Since then I have had 6 stents implanted and suffered a mio cardiact infartion...will this be covered under the new IHD or did the hypertensive claim take care of it and will they look at it as "double dipping" or will they look at it as 2 seperate things?

Thanks everyone

Bob

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I was denied for Coronary Artery disease associated with agent orange in September 2004 because there was no known connection with the heart isssue and the herbicide. I have not received any communication from VA regarding Nehmer. I have filed myself though and still waiting like everyone else.

I also have a question...when I was turned down for that, my DAV rep found in my service records where I had hypertension when released from service and got me a 60% award for hypertention. Since then I have had 6 stents implanted and suffered a mio cardiact infartion...will this be covered under the new IHD or did the hypertensive claim take care of it and will they look at it as "double dipping" or will they look at it as 2 seperate things?

Thanks everyone

Bob

Well your situation could be a little sticky. But since you have already filed for IHD let them sort it out.

Hypertension is not covered under the list of presumptives for AO but since you had it in service you were SC directly by way of your SMRs. With the IHD like I said it is going to be interesting how they address your prior claim and denial.

I know this does not answer your question but hang in there.

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Your heart disease might be covered in the breakdown of the 80%.

However the older claim might generate some retro for you under Nehmer if that decision came before the heart SC decision.Hard to say with limited info here.

When did they award you for the heart disease?

I posted the whole 9 yards here today as to the VA's training letter etc on IHD claims and Nehmer.

I think every AO vet and widow filing under the new regs should read that info and see whether they can expect retro under Nehmer.

In the late 1990s ( I rattled this off many times here over the years and it still bears repeating) NVLSP (who won Nehmer)went into many VAROs and found the VA had tried to snooker millions of dollars in retro payments from AO veterans.

They still might try to do that if the vet or widow is not up on the regs regarding Nehmer.

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