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

[Berta]

You should re- open the claim for a direct SC death if he ,in fact,had ischemic heart disease.

Ischemia accounts for most types of heart disease but not all.

"we did not even know he had CAD until the autopsy" ????

With "severe occulsive coronary artery disease" I don't understand how the VA (assuming he did get VA care) or any private doctor could have missed this ?????.

Did you attempt to file a lawsuit or any cause of action?

My IHD claim is unusual too because the VA failed to diagnose and treat my husband's IHD for 6 years causing his death but there was enough in the med recs to prove they knew he had IHD.

It sounds like there are no formal diagnosis or treatment records for your husband's IHD ???? so hopefully the autopsy,in your case, should be enough to determine this was ischemia.

I assume the 1318 DIC was awarded due to an independent 100% P & T disability and the IHD regulations might provide you a separate SMC determination as an accrued benefit under Nehmer for the IHD.

If I were you I would specifically tell them what you want.Direct service connected death award and accrued Special monthly compensation.

I get direct AO death DIC and specifically told them I wanted a proper IHD rating as well as a proper CVA rating (secondary to IHD)to be considered under SMC regulations along with Rod's SC 100% PTSD.I also proved he had these disabilities from undiagnosed DMII.There is no way I could foresee a DMII rating so I didnt ask for that.There is only one unusual note in the med rec- cf diag - but that became the foundation of my AO DMII claim that they granted last year.

But in your case- I have no idea of how your claim will resolve as to the SMC.It is almost the same as mine and I intend to fight them diligently for a proper SMC award.

I Filed FTCA charges against them when my husband died and I succeeded in proving wrongful death.It then took 7 years to prove he had a direct SC death.

They never considered him for SMC at all.When they do he can rest in Peace as these claim issues will finally be resolved He died at age 47 in 1994.

A widow has to apply for the Home Loan Guarantee award along with the VA award letter.The eligibility might rest on a direct SC death.

When I was awarded direct SC death, it also kicked in REPS benefit, funeral expenses, a lot of tuition was refunded to me under Chap 35 and I got a new Certificate of Eligibility under DEA Chap 35.

Under the DIC info here at hadit we have info as to what 1318 DIC and 1151 DIC does and does not involve as benefits so a re-open on your part under the new IHD regs might bring you some additional benefits from the VA along qwith an award of direct service connected death.

[Maureenjls]

Berta,

I'm not understanding how accured SMC may apply here, could you please explain. Thanks

[Berta]

If you re-open this claim due to the new AO presumptives, and if the VA grants a direct service connected death-under the new regs and the Nehmer Court Order, and if this involves a disability that is independent of his 100% SC disability-the VA should consider whether the veteran was eligible for any Special Monthly Compensation consideration and ,if so, could possibly award this as an accrued award to you.

This BVA decision explains what I mean:

http://www4.va.gov/vetapp09/files5/0938356.txt

Lots of ifs and coulds-and limited info here regarding your husband's disabilities

But this bothers me:

"It sounds like there are no formal diagnosis or treatment records for your husband's IHD ????"

I have no idea how the VA would rate his IHD for SMC for accrued purposes.

Did they ever rate his IHD as NSC????

I am baffled by your situation.

Do you have a vet rep pr service officer?

[Berta]

I feel I should withdraw my statements here as to the SMC and the IHD claim.

I asked some questions that didn't get answers and now find

I don't really understand this claim.

Someone else here will help.

I do suggest that you get a good service officer and I am sorry for your loss.

[Berta]

PS By all means file the IHD claim-

I just don't know how they could rate it and this is why I suggested getting a vet rep to help you.

[Maureenjls]

I did file a claim and got a rep, I will let you know how I make out. Thanks again for all your help.