Queston About Ihd

[Flatbroke]

Thanks Berta for posting the letter fron Shinseki to Franken.

It raises a question about when eligable for rating - I was diganosed with high blood pressure in 2005, then a heart cath on 4/15/2009 and was rated at 30% according to the results from that cath, and then 60% from 10/25/2010 after my second hearty cath.

The question is I was rated at 30% on November 23, 2009 when I applied for IHD.

But according to Shinseki,s letter he stated allowed by law.

Does that mean under Nehmer we should be rated from when we were diagonosed or when we applied, after we heard that IHD was going to be added to the presumptive list??

[John46]

For me it was when I applied.

[jbasser]

Thanks Berta for posting the letter fron Shinseki to Franken.

It raises a question about when eligable for rating - I was diganosed with high blood pressure in 2005, then a heart cath on 4/15/2009 and was rated at 30% according to the results from that cath, and then 60% from 10/25/2010 after my second hearty cath.

The question is I was rated at 30% on November 23, 2009 when I applied for IHD.

But according to Shinseki,s letter he stated allowed by law.

Does that mean under Nehmer we should be rated from when we were diagonosed or when we applied, after we heard that IHD was going to be added to the presumptive list??

Your original heart rating decision is not AO related as the regs were not officialy presumptive until 10/10. You may be rated secondary to High Blood Pressure.

Had you filed a claim inthe years past then you would have Nehmer on your side. You still may have Nehmer but I think they got it right for you.

J

[Berta]

"Does that mean under Nehmer we should be rated from when we were diagonosed or when we applied, after we heard that IHD was going to be added to the presumptive list?? "

Nehmer only kicks in when the VA denied a past AO IHD claim or if you fit into the Footnote One scenario.

In my opinion MANY vets probably fit into Footnote One but if they have not been formally acknowledged as a Nehmer veteran by the VA and by NVLSP-these claims will -as likely as not- be handled incorrectly if they are rated by a non Nehmer-trained rater.

I have posted extensive info on Nehmer and on Footnote One in our AO forum here.

Look for my copy of email I posted from Rick Spataro- Nehmer attorney (NVLSP) as to Footnote one.

[Flatbroke]

Thanks Berta and J It's hard to understand what they are saying the way they write it up.