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C & P Ihd


Ray T
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Question

Had a C&P exam this last week for my heart. I had a heart attack when I was 49 years old and a five way by-pass.

They awarded me ten percent compensation 2009 (which was 11 eleven years after my heart attack).

The C& P should increase the percentage?

I filed under Agent Orange and Nehmir but was turned down. The Nehmir Attorney ask for my records and will reviw the case for me.

I don't expect that I will win and never have, as that is the Goverment job is to only support there cause.

I just keep fighting untill the end as I have lived the nightmare,they have not.

This will help my wife in the long run,as she is the one that I saw on my return from Vietnam and fell in love with. She ask been my care giver and soul-mate upon my return and is Due The Benifits. We were willing to give up our life for our Great Nation and it is time they provide us what little benifits we ask for.

Thanks to all the men & women who gave so much.

RDT

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Aptly put..I'm sorry it was not more but the attorney will dig out the truth

God Bless you and your wife , I do not think the VA will.

Ron, 1st Batallion 26th Mar Div. 67/68 DMZ

Had a C&P exam this last week for my heart. I had a heart attack when I was 49 years old and a five way by-pass.

They awarded me ten percent compensation 2009 (which was 11 eleven years after my heart attack).

The C& P should increase the percentage?

I filed under Agent Orange and Nehmir but was turned down. The Nehmir Attorney ask for my records and will reviw the case for me.

I don't expect that I will win and never have, as that is the Goverment job is to only support there cause.

I just keep fighting untill the end as I have lived the nightmare,they have not.

This will help my wife in the long run,as she is the one that I saw on my return from Vietnam and fell in love with. She ask been my care giver and soul-mate upon my return and is Due The Benifits. We were willing to give up our life for our Great Nation and it is time they provide us what little benifits we ask for.

Thanks to all the men & women who gave so much.

RDT

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RDT - your post brings up so many questions. Have you gotten a copy of your C & P to know what it says, did they do a stress test or give give you an echo to come up with a METS level?

Compensation percentages are defined in the regs depending on what your current METS level is.

Berta is our IHD guru here on hadit and maybe she can jump in on this.

My Vet recently got 60% for AO/IHD and the rating followed exactly the ratings system.

I wish you the very best of luck with this claim.

Lorraine

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"I filed under Agent Orange and Nehmir but was turned down. The Nehmir Attorney ask for my records and will reviw the case for me. "

Nehmer comes into play only when you have been denied in the past for a new AO presumptive.

I see you do have heart condition rating now as SC.

Yes -they should increase the SC you have now as it appears to be in a much higher rating criteria.

Lorraine asked very good questions-

you need to get a copy of the C & P if it was done at a VAMC.

Can you tell us how VA worded their denial?

I assume your claim is for a higher rating of your heart disease and if they denied Nehmer consideration, it looks like they might be right here BUT is the claim and their letter worded that they are re characterizing the claim as claim for a higher rating as a non Nehmer claim?

The Nehmer Court Order and Stipulation -for most if not all claims purposes- only is applied to a past denied claim for has now become an AO presumptive disabilty.

Then again the Nehmer regs can get more involved than that.

Any NSC with a rating on a rating sheet that is now an AO presumptive could have been disregarded by the VA in a past decision.

I have 2 decisions like that myself that are now Nehmer claims.

VA could have breezed over in a SOC narrative some primary claims the vet had and then listed all the NSCs without comment in the Rating sheet and this too could trigger not only an AO claim, but one they must consider now.Under Nehmer.

My point is the older decision might not specifically state a denial of the NSC disability.But it could still fall under Nehmer now.By listing it as NSC that is in essence a denial of SC.

I am glad a Nehmer lawyer is looking into this for you.

The entire Nehmer Trainng guide is here under the AO forum and it our Training letter forum.

It is extensive but a wealth of important info for all AO vets and survivors as well as for vet reps and the VA itself.

It is 165 pages long but has a detailed index so no one has to read all of it if they dont want to.

I get some lengthy claims emails from advocates and accredited reps -got one this AM from one I know well-who I can tell-has still failed to read this training guide for months now since I sent it to him.

I only hope most vet reps by now refer to it often.

AO vets should not have to delve into all the legalize of Nehmer-

that is what volunteer advocates and well paid vet reps do.

But still it can pay for any AO vet or survivor to at least read the parts of the Nehmer Gude as to how the adjudication should be done and the proper EED should be applied.

As the Training guide states VA employees can be sanctioned for major Nehmer errors.

I feel some of these reps should be sanctioned too if they refuse to familiarize themselves with this important

guide from NVLSP and then give out inaccurate AO claims advise.

And this is why it pays to keep every single decision and rating sheet we get from the VA.I submitted as evidence for my AO claim-VA rating sheets that are 14 years old.

Two 100% NSC that are now SC under my recent award and also under Nehmer AO.

Edited by Berta
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Hi,

I requested a copy of my heart C&P.

The wording from the VA Iris responds was "No Indication of pending claim being a Nehmer case. Veteran is already rated for heart condition,"

This is when I send my records to the Nehimer Lawyer to show the prior claim.

I had a C&P in November 2009 for my heart ties to PTSD as they were not awarding AO to the heart.The Nurse stated that my mets were 11.2 ( I was placed in the VA hospital one month later for 4 days due to my heart.) She stated my ejection fraction was 62 % and the hospital one moth later said it was 52%. They would not due a stress test due to my heart and a possible heart attack.

There working in 11-2009 was. Again, as secondary service connection has been established for your CAD, status post coronary artery bypass graft as secondary to your serviceconnected PTSD disorder your claim which was received on 11-3-2009, which claimed service connection as due to herbicide exposure is moot.

I believe these are two different disease's that effect the heart.

"I filed under Agent Orange and Nehmir but was turned down. The Nehmir Attorney ask for my records and will reviw the case for me. "

Nehmer comes into play only when you have been denied in the past for a new AO presumptive.

I see you do have heart condition rating now as SC.

Yes -they should increase the SC you have now as it appears to be in a much higher rating criteria.

Lorraine asked very good questions-

you need to get a copy of the C & P if it was done at a VAMC.

Can you tell us how VA worded their denial?

I assume your claim is for a higher rating of your heart disease and if they denied Nehmer consideration, it looks like they might be right here BUT is the claim and their letter worded that they are re characterizing the claim as claim for a higher rating as a non Nehmer claim?

The Nehmer Court Order and Stipulation -for most if not all claims purposes- only is applied to a past denied claim for has now become an AO presumptive disabilty.

Then again the Nehmer regs can get more involved than that.

Any NSC with a rating on a rating sheet that is now an AO presumptive could have been disregarded by the VA in a past decision.

I have 2 decisions like that myself that are now Nehmer claims.

VA could have breezed over in a SOC narrative some primary claims the vet had and then listed all the NSCs without comment in the Rating sheet and this too could trigger not only an AO claim, but one they must consider now.Under Nehmer.

My point is the older decision might not specifically state a denial of the NSC disability.But it could still fall under Nehmer now.By listing it as NSC that is in essence a denial of SC.

I am glad a Nehmer lawyer is looking into this for you.

The entire Nehmer Trainng guide is here under the AO forum and it our Training letter forum.

It is extensive but a wealth of important info for all AO vets and survivors as well as for vet reps and the VA itself.

It is 165 pages long but has a detailed index so no one has to read all of it if they dont want to.

I get some lengthy claims emails from advocates and accredited reps -got one this AM from one I know well-who I can tell-has still failed to read this training guide for months now since I sent it to him.

I only hope most vet reps by now refer to it often.

AO vets should not have to delve into all the legalize of Nehmer-

that is what volunteer advocates and well paid vet reps do.

But still it can pay for any AO vet or survivor to at least read the parts of the Nehmer Gude as to how the adjudication should be done and the proper EED should be applied.

As the Training guide states VA employees can be sanctioned for major Nehmer errors.

I feel some of these reps should be sanctioned too if they refuse to familiarize themselves with this important

guide from NVLSP and then give out inaccurate AO claims advise.

And this is why it pays to keep every single decision and rating sheet we get from the VA.I submitted as evidence for my AO claim-VA rating sheets that are 14 years old.

Two 100% NSC that are now SC under my recent award and also under Nehmer AO.

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Hi,

Not stress test done.

I was seen by a nurse and she did not say anything about METS.

My medical records from the VA hospital show enjection freaction at 52 % back on 12-6-2009. The diagnoses on my chart: Unstable angina,CAD,HLP,HTN,Depression,Chronic back pain and AA

RDT - your post brings up so many questions. Have you gotten a copy of your C & P to know what it says, did they do a stress test or give give you an echo to come up with a METS level?

Compensation percentages are defined in the regs depending on what your current METS level is.

Berta is our IHD guru here on hadit and maybe she can jump in on this.

My Vet recently got 60% for AO/IHD and the rating followed exactly the ratings system.

I wish you the very best of luck with this claim.

Lorraine

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"There working in 11-2009 was. Again, as secondary service connection has been established for your CAD, status post coronary artery bypass graft as secondary to your serviceconnected PTSD disorder your claim which was received on 11-3-2009, which claimed service connection as due to herbicide exposure is moot.

I believe these are two different disease's that effect the heart."

Do you mean decisions was in Nov 2009?

If so did you appeal it?

This predates the new AO IHD regs.

My opinion is (and I am not a doctor) if you do have Ischemic heart disease and if that evidence in a past denial preceeded the PTSD causing CAD award, then I would sure think you fall under Nehmer for a rating (and comp for IHD from time of the initial claim for it up to the PTSD causing CAD award.

If you raised the IHD issue for the first time however in te PTSD causing CAD claim,then that could be problematic for a better EED.

Prior to your claim for PTSD causing or contributing to CAD, did you have IHD or CAD listed as NSC in any past VA decision?

"No Indication of pending claim being a Nehmer case. Veteran is already rated for heart condition,"

"This is when I send my records to the Nehimer Lawyer to show the prior claim"

GOOD! They will do a through review of the claims file and med evidence.

I disagree however with this:

"I believe these are two different disease's that effect the heart."

The VA will not rate any disability twice.

They initially rated my husband with 1151 disabilities.

I proved these were direct disabilities all due to Agent Orange.

That rendered the 1151 award moot.

The new decision however had monetary value as well as significant other ancillary benefits.

His PTSD ( 100% SC P & T) I claimed in an older decision had caused his heart disease and strokes.

But I had 2 other claims in progress at the time and a FTCA matter that resolved those issues.

The past PTSD-heart denial however is what put me under the Nehmer Court Order.

And the fact that I had a CUE claim pending since 2004 because VA failed to rate his IHD and gave wrong Diagnostic codes and ratings for his Strokes. The CUE claim is now undr Nehmer.

I have had a long relationship with NVLSP lawyers since 1991 as an advocate and donor (they are Pro bono and non profit firm) and student ( Certificate in Basic VA Training Course)

They will definitely help you in any way they can.

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