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Ao Ihd Vets

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Berta

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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stillhere said:

"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."

If that 2002 EKG and ECHO was done by the VA and they were abnormal (it appears the EF was sure abnormal) and the VA did not take steps to diagnose and treat your heart disease- I agree that they almost killed you.

I won that specific part of my malpractice claim ( it involved numerous malpractices) solely with 1 VA ER certificate, 2 EKGs, and VA ECHO and unfortunately a death certificate and autopsy.

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Hi Berta,

I presently have a TDIU claim and an appeal working. The appeal is for an EED for DM II and sc for CAD as secondary. On 7/13/10, I used IRIS to inquire as to the status of my appeal. Got a reply on 7/26/10 with a vague explanation about my appeal and my TDIU claim. Then it stated that I had a second claim, filed 5/24/10, that was refered to as an AO claim. I have not filed any claims since the TDIU claim in march of this year for fear of slowing my appeal down. Could this mean they are developing a claim on my '06 CAD denial?

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stillhere said:

"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."

If that 2002 EKG and ECHO was done by the VA and they were abnormal (it appears the EF was sure abnormal) and the VA did not take steps to diagnose and treat your heart disease- I agree that they almost killed you.

I won that specific part of my malpractice claim ( it involved numerous malpractices) solely with 1 VA ER certificate, 2 EKGs, and VA ECHO and unfortunately a death certificate and autopsy.

Berta, Fortunately that echo was not with the VA they only did a walking stress test BUT the record of that test was in my c-file from my first claim and they still did not do a cath or anything and just denied.

I have been telling myself I need to call that office that did that test and ask just what the heck they consider abnormal??? Might do that tomorrow. After that test I actually started jogging to try and loose weight!! That did not last long! Sheeze!

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My husband filed a claim for AO IHD in 2006. The denial letter clearly refrenced his CAD, IHD and debrillator implant. He re-opened the claim in April 2010. He has not received anything from the VA acknowledging he is part of the Nehmer class. His VSO advised him his claim will fall under Nehmer. Should we be looking for a letter to confirm he is a Nehmer case?

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Heart attack in Jan.05, Applied for non-service disability in Dec 05, Denied Heart Disease due to fact of having too much income. Reapplied in Nov 2009 due to IHD now claimed as a result of AO exposure. C&P exam in Feb 2010. 3 mets or less on stress test.

In my award letter for DMII dated 28 July 2010 the IHD claim is deferred. Entitlement to benefits on a direct basis was considered but cannot be granted and that entitlement on a presumptive basis WILL BE considered when the new additions to 38CFR 3.309(e) have been finalized.

No mention of Nehmer. I am on the NVLP list .

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