Ihd Originally Claimed As Secondary Condition--Is It Retro?

[sgtmaj]

Perhaps someone here can answer my question. I claimed IHD in 1999 as secondary to preexicitation syndrome ( heart condition). The IHD was denied as not being related to the syndrome but it was agreed that I had IHD (coronary artery disease) not service connected. The syndrome itself was rated at 0% but service connected. Now with the AO presumptives I have filed a claim for IHD in June 2010. Question is: Will they consider my previous claim for IHD for retroactive purposes even though it was filed as a secondary condition? My case is being handled as a Nehmer claim but my concern is that the IHD was originally claimed as being secondary not primary in and of itself. Thanks.

[jbasser]

Seems you are now a Nehmer member and I would file the claim yesterday if not sooner.

Retro is awaiting you.

J

[sgtmaj]

Appreciate your response. I have filed a claim in June and it is a Nehmer case at present. I have been under the impression that because I originally filed IHD (which was denied) as secondary to another condition my new claim will not be retroactive because I didn't file IHD as primary to begin with. If you are 100% certain that it will be considered retro I appreciate your expertise and input?

Seems you are now a Nehmer member and I would file the claim yesterday if not sooner.

Retro is awaiting you.

J

[N4XV]

sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service.

In the Nehmer Training Guide it states:

• • In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member’s compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.
    
    

[sgtmaj]

Thanks much for your response and info.

sgtmaj, It makes no difference if you filed you claim secondary to some other condition or directly due to your service.

In the Nehmer Training Guide it states:

• • In its February 11, 1999, Nehmer order, the Court held that a Nehmer class member's compensation claim need only have requested service connection for the presumptive condition in order to qualify as a Nehmer claim. It is not necessary that the class member assert the condition was caused by herbicide exposure.

Your claim should go back to your 1999 date.

[Berta]

You said the syndrome was rated at "o"- but what was the IHD rated as?

Have you have recent C & P exam or ever had the METS test or a heart ECHO?

[sgtmaj]

Tks for your reply. I really appreciate your help. The CAD (I had a heart attack and stent placement in 1999) was claimed by me in 1999 to be secondary to my service connected preexcitation condition (0% disabling). Va did not rate the CAD as they said it was not service connected or secondary to my prexcitation condition. I did have Nuclear Myoview Exercise Stress Tests performed on me in 1997, 2003, 2007 and 2010. The 1997 test was included in my 1999 claim for CAD as secondary and all those tests have been included in my current claim of June 2010 for IHD presumptive. All the tests were conducted by my personal cardiologist. I understand that after my claim for CAD was processed in 1999 VA came out with new guidelines for CAD other than what was used during the processing of my claim. Anyway all my stress tests indicate a left ventricular dysfunction with an enjection fraction between 41 and 45% depending on which of the tests is looked at. According to the VA table now in effect for CAD a fraction of between 30 to 50% should have a disability rating of 60%. Therefore I am assuming I will be rated at 60% based simply on those numbers. According to VA my claim is being handled as a Nehmer claim. My basic question is: Will VA likely view my new claim (presumptive) as being retroactive to 1999 even though I originally claimed CAD as secondary to another condition? Thank you very much.

You said the syndrome was rated at "o"- but what was the IHD rated as?

Have you have recent C & P exam or ever had the METS test or a heart ECHO?

[john999]

I think the VA should and will view your claim as retro to 1999 when you first filed for CAD. That was a smart thing to do and I think it will pay off now. If this is the way Nehmer works vets should probably claim any condition that might become presumptive in the future. The thing is you claimed CAD and now it is presumptive and Nehmer kicks in for you. If the VA rejects your 1999 date I would sure appeal that. They may fool around and blow smoke but I think you have a good claim to effective date of 1999.

[sgtmaj]

Tks. I checked my e-benefits at the VA site tonight and it now says my claim is "closed". It was initially in the developement phase until today and now it has jumped right to closed. Don't understand why the other stages were not entered unless they do that alot and just go right to "closed". According to their "closed" status they have mailed notification letters etc. I guess I will have to check my mail in the next couple days. My other thought is perhaps they closed in because they considered it not to be a Nehmer case and sent it back to my home R.O.

I think the VA should and will view your claim as retro to 1999 when you first filed for CAD. That was a smart thing to do and I think it will pay off now. If this is the way Nehmer works vets should probably claim any condition that might become presumptive in the future. The thing is you claimed CAD and now it is presumptive and Nehmer kicks in for you. If the VA rejects your 1999 date I would sure appeal that. They may fool around and blow smoke but I think you have a good claim to effective date of 1999.