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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Maureenjls

No Prior Diagnosis

Question

My husband passed away suddenly in 1994 of severe occulsive coronary artery disease at 45 years of age. He was a disable veteran of the VN war with no previous diagnosis of this disease on his record. I do receive DIC payments because of the 10 year rule. My questions is....can his death be considered service connected now with the new IHD regulations. There are several State benefits I would be entitled to if his death was service connected. Thank you in advance

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Sorry for your loss and at such a young age. I don't know the answer to your question but I don't think the new ruling will allow earlier effective dates than July of this year.

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If you had filed a claim for DIC maybe Nehmer would apply. I wonder if this would make any difference since you get DIC anyway. Berta would know the answer. I know if a vet dies from direct SC the VA must pay something toward funeral costs. There is something about accrued benefits as well.

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"My husband passed away suddenly in 1994 of severe occulsive coronary artery disease at 45 years of age. He was a disable veteran of the VN war with no previous diagnosis of this disease on his record"

That was the same thing with my husband.The VA recently finally awarded my direct DIC death.I had Sec 1151 DIC up to that point.

Was he a VA patient? Or Did he receive private health care?"with no previous diagnosis of this disease on his record"???

"I do receive DIC payments because of the 10 year rule. My questions is....can his death be considered service connected now with the new IHD regulations. There are several State benefits I would be entitled to if his death was service connected. Thank you in advance "

What was he totally and permanently service connected for the ten year period?

I assume you received CHAMPVA and DEA benefits? Home Loan Guarantee Certificate? Funeral benefits?

I also assume you filed for DIC within one year after his death?

In my locale we have widow's property tax exemptions. Did the state turn you down ,by questioning your award letter?

I made assumptions here that might be all wrong.

From what I see you could re-open the claim for a proper rating of his fatal IHD (this does appear to be IHD)and ask them to consider his entitlement to Special Monthly Compensation as an accrued award to you under the Nehmer COurt Order.

I just filed a claim like that myself.My husband's heart disease was never rated by the VA but acknowledged in FTCA and 1151 documents and hidden in his medical records. His 100% CVA was a direct result of his SC diabetes and heart disease.

They had rated that as NSC and the rating was all wrong.

In most cases accrued awards only derive from DIC apps having been filed within one year after death.

I am pretty sure that provision does not apply to Nehmer claims.

There is considerable legalize on Nehmer-I have been studying it since the late 1990s and will try to find a citation on accrued awards.

When you re-open this claim --- (I am assuming that his heart disease was NOT reason for the 1318 award and that VA did not make posthumous SMC award to you)

I suggest doing what I did.

As mentioned the VA had malpracticed on Rod's Heart disease and therefore I had minimal med recs to prove it was IHD.

Bt I had an ECHO report and enough denoting cardia ischemia in the med recs and highlghted copies of them and sent them to VA with my claim.

I also re sent the autopsy and other findings from the legal actions (FTCA)

What disability was the 100% P & T 1318 award based on?

Do you have all private treatment records for his heart disease?

Was this a BVA award? If so can you give us the docket number and citation number so we can read it?

BVA cases are public knowledge at the BVA web site with no names or personal info.

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One more question-= 38 USC 1318 changed a few years ago- when was your actual DIC award made?

Also-you might need page 15 of this Training Guide that stillhere posted for us.

I sent them page 15 in support of my claim as my husband's AO IHD was never coded or rated by the VA and this caveat might be important to both you and to me for our AO claims.

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