Status - Ao Ihd Claim

[jalexand]

Following my claim for compensation based upon IHD as a result of AO exposure which was filed in June of this year and having completed both the C & P exams and having provided the VA with extensive medical records substantiating the IHD I have now received official notification of my claim being placed on hold pending the out come of the legal requirements associated with placing the disease on the list of presumptives.

Here is the content of a letter I received from the DVA today.

Qoute:

We are working on your claim for:

. ischemic heart disease

"We have received your compensation claim for ischemic heart disease based on herbicide exposure. However, this disease has not yet been added to the Department of Veternans Affairs regulatons governing diseases presumptively associated with herbicide exposure. In order to add this disease, we must follow a series of legal requirements, including publishing a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requrements have been met. When the process is complete, we will make a determination on your claim and provide you with notice of our desicion."

I would assume that everyone who has filed a claim thus far will receive a similar letter pending outcome of the proposed regulation.

Jim

[Deceasedvethusband]

I rec'vd. one of those letters from the V.A. in July, "claim is on hold".......what worries me is the statement in the letter "Your claim for benefits, which we received May 14, 2010", the DIC claim was sent to the V.A. in Jan. 2007.

My husband died in Nov. 2006, death certificate states IHD. He was on V.A. comp. 100%, PTSD & he was fighting for the IHD as secondary & always denied. DIC was denied & in Dec. 2008 an appeal to BVA was sent in & I never heard from the V.A. for the entire year of 2009. Found out in Jan. 2010 the claim never was sent to the BVA & was still in the Detroit V.A.

I had a Amer. Legion VSO, he was laid off (2009) & moved out of state for a new job. Now I have to communicate via phone & it's difficult to get a hold of anyone with the A.Legion. They sent something into the Detroit V.A., which triggered the letter from the V.A. in July.

Should I be concerned about the date of May 14, 2010 in regards to my DIC claim? Any advice would be appreciated.

[Sandra Williams]

I too was told that a letter was mailed on August 17, 2010 stating my claim in on "stay" status. It was at the BVA and almost assigned to the judge. I am fighting for direct connection but I take the presumption only if it goes back to EED of December 2003 which is the date I originally filed my claim for sc death due to secondary IHD and PTSD. My husband passed away in November 2003. I am so tired of this. But I am hanging in there because I know the victory is mine.

[Deceasedvethusband]

I too was told that a letter was mailed on August 17, 2010 stating my claim in on "stay" status. It was at the BVA and almost assigned to the judge. I am fighting for direct connection but I take the presumption only if it goes back to EED of December 2003 which is the date I originally filed my claim for sc death due to secondary IHD and PTSD. My husband passed away in November 2003. I am so tired of this. But I am hanging in there because I know the victory is mine.

Sandra: I'm sorry for the loss of your husband & the years of waiting - I sure do understand. While it will be bitter sweet when this all comes together, I can't help but

wonder how long (years again??) it will take to get thru the back-log. Somehow I don't think our wait will be over any time soon.

Take care!

[stillhere]

You know I got SC'ed for CAD as secondary to DMII due to AO exposure. I wonder if I should file a claim for my heart trouble due to presumtive AO rule. It won't make any difference in my rating. I wonder if I would have to go for another c&p exam? All my AO disabilites spring from the DMII so the VA says including PN and the CAD. That is what I used to get them SC'ed since that was the only way at the time.

John the only benefit to me is a couple of years if they look at my claim under nehmer. That is when I was first denied.

That is my only reason for filing. I am 100% P&T for my heart already sec to DM2.

[Berta]

Deceasedvethusband said:

"Should I be concerned about the date of May 14, 2010 in regards to my DIC claim? Any advice would be appreciated."

Did the AL possibly request a re-open on that date?

[Berta]

to add -this is on page 16 of the Nehmer Training Guide that stillhere posted in the AO forum.

"NOTE: If the class member‟s claim for DIC for the death was either pending

before VA on May 3, 1989, or was received by VA between that date and the

effective date of the statute or regulation establishing a presumption of service

connection for the covered herbicide disease that caused death, the effective

date of the award will be the later of the date such claim was received by VA or

the death occurred (38 C.F.R. § 3.816(d)(2))."

As I interpret your post here - your DIC EED is your husband's date of death.