Ihd Va Criteria

[Berta]

N4XV posted the criteria here in April and I feel this is another post that needs to be moved to the forefront as some of these claims could be resolved fast when the regs are formalized:

Please note the exceptions-

The METS values might not be required

1. if the MET test is medically contraindicated or

2.If the left ventricular ejection fraction ( stated on ECHO results) is less then 50% or

3.when chronic CHF is present with more than one episode of CHF documented in the clinical record within "the past year"- and I assume this could mean within past year prior to the formal regs being published. or

4.when a 100% evaluation can be assigned on another basis.

As VA has stated they expect most IHD awards will be at the 60% level.

LVEJ at 30 to 50 % or more than one episode of CHF in past year- equals 60 % rating in most cases.

[Berta]

"When a 100% rating could be applied on another basis? AICD implant?"

Possibly Donna-I have been wondering about that part of the regulation myself.

If we do discuss this issue at SVR radio tonight I will definitely try to ask the lawyer about that part.

[Berta]

Yes, thanks for the Training guide stillhere- we will need all the info and VA legalise we can get to help with these claims here at hadit.NVLSP will post any pdates at their web site too.

I have a good contact - a Nehmer expert lawyer at NVLSP [if something unusual comes up that we cannot answer here- but I think most of these claims will go smoothly -

(he just filed a brief at the CAVC and I had used his same Nehmer references for my IHD claim-before I read the brief.Nehmer contains lots of legalize but is a facinating read)

smoothly until they get into the Nehmer retro and there is where some claims 'as likely as not' will sure get screwed up.

In the late 1990s the VA tried to swipe MILLIONS from AO vets retro payments.NVLSP kicked their butts on that. I sure hope we dont see dejavu all over again and from time to time here we have had vets whose Nehmer retro they did try to snooker.

I sent one vet here part of a page from the VBM (NVLSP) as to the part he needed-I had to be careful of their copyright- and the VA immediately sent him the retro they still owed him when they got his rebuttal with the VBM statement.

Retros under Nehmer will be determined by many factors but primarily is the same type of claim- whether AO was raised or not and was denied in the past and not appealed.

The whole 9 yards from NVLSP is here somewhere.

[Berta]

Donna if I cant get that question to the lawyer at SVR tonight-this case helps to answers your question I think:

http://www4.va.gov/vetapp99/files1/9909998.txt

The veteran had no sustained overall improvement with his AICD and the rating is 100%.

This was also a successful CUE claim so it is interesting read.

I dont know if a AICD would ever warrant a rating lower than that however.

My plumber, a vet, has felt much better with his NSC AICD then he did prior to getting it.He did try to get the VA to state he was unemployable however for SSA purposes and the VA said he was still employable . ????

There is a rating criteria for implants here under the Schedule of Ratings Section.

[Berta]

I asked Carrie Weletz, last night's SVR guest about the ICD and she agreed that this would appear to definitely warrant a 100% rating Donna.

http://www.vetlawyers.com/about_attorneys_weletz.htm

The bad part when lawyers and advocates discuss ratings is that we never know what the VA will do- they make so many erroneous decisions and ratings.

But unless the implant gave him a sustained medical improvement ,I don't see how how they could award less than 100%.

VA gave my husband a completely incorrect rating for one of his disablities- that should have been 100%.

It was in an award letter and I sure didnt know then what I do now.No internet as we know it then- and now we are clicks away from the rating schedule to see if they have made errors in ratings.

The VA has had a CUE claim for 6 years so far, on it refusing to correct it but my IHD claim will draw them out for a proper rating due to AO.

Did the AICD change his Ejection fraction favorably?

Still that does not take away the fact that his heart disease was critical enough to require a AICD.

Edited August 12, 2010 by Berta

[VNVetwife]

I found this on another veterans web site forum that someone put a link in conserning the AICD implant ......http://www4.va.gov/vetapp99/files1/9909998.txt I hope this helps.

[VNVetwife]

I found this on another veterans web site forum that someone put a link in conserning the AICD implant ......http://www4.va.gov/vetapp99/files1/9909998.txt I hope this helps.

I don't know why you can't just click on this ,,,I cut and pasted ,,but it didn't let me click on it ,,,but this is exactly the same as the one on other web site ,,someone tell me what I did wrong .