No Prior Diagnosis

[Maureenjls]

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

[Pete53]

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.

[john999]

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.

[Berta]

"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.

[Berta]

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.

[Philip Rogers]

I would think it could/would be now rated as direct service connection.

pr

[Maureenjls]

Berta,

I'll try an explain, but please be patient, I am new at this. My actual award of DIC was in early 1995 it was NSC but because he was totally and permanently disabled for the 10 years prior I was awarded DIC. His passing had nothing to do with his recorded disabilities, we did not even know he had CAD until the autopsy, and yes, he was treated by the VA. I did receive burial benefits for a NSC death (300 I think).

I have Tricare health Insurance, I did receive DEA benefits but no Home Loan Certificate.

His total and permanent disability had been since he was released from the service. He stepped on a land mine in VN and lost partial use of both feet and his hearing.

No BVA awards or anything like that. He had been T&P for several years before his death.

I have never seen his medical records, all I sent to the VA when he passed was the death certificate and they took it from there.

I never thought any more about it until I saw the new IHD regulations.

Not sure I have explained myself properly but any questions please feel free to ask, I really appreciate your assistance. Thanks