hypertension Lettter From Va Nehmer Vs...

[john6012]

The VA sent me a letter a few months back about making a claim based on Nehmer Vs Dept of Veteran Affairs and if I didn't want to submit a claim to ignore the letter-which I did. Now they sent me recently another letter setting me up for an exam regarding the subject court case. I don't know why, I filed for heart condition in "85 when I got out of the military and it was denied and I let it go. I had hypertension and chest pain in thes ervice and underwent a ETT which was abnormal/borerline and it was suggestive of CAD (Coronary artery disease) but not proven. Now after so many years have gone by I'm sure with the high blood pressure that I have CAD an that in some degree is associated with Ischemic heart Disease (IHD). Does anyone know why the VA screwballs want an exam on me? I don't believe it's to my benefit except to undergo the cardiac testing and find out that I have some sort of heart problem that they might render medicine to control. Please, someone reply, thanks.

[Interested]

I am guessing that your "VA screwballs" are following the Nehmer Decision and specifically the implementing requirements in the Federal Register http://edocket.acces...f/2010-6549.pdf . Based on some somewhat less than stellar early Rating Decisions on this issue and some "additional training", I'm guessing that the VBA is taking a more liberal view of the claimants and the Nehmer class.

You state that you filed a claim for a heart condition in 1985, and I am presuming that you have verifiable boots-on-the ground Vietnam service that could potentially make you a part of the Nehmer class.

So, .... from what you wrote and with some astute guessing on my part, I'd say that whichever VARO is processing your inferred Nehmer class IHD/CAD claim is trying to verify a current diagnosis of IHD/CAD. Even though you claimed some sort of vague heart condition in 1985 that was denied, it doesn't matter for purposes of the Nehmer decision.

If you are so adamant that you don't want service connection for IHD/CAD,

a. Don't go to the C&P.

b. Send a letter to the VARO stating that you DO NOT WANT ANY CLAIM FOR IHD/CAD UNDER NEHMER TO PROCEED AND TO CANCEL THE CLAIM IMMEDIATELY.

However, I suggest that you proceed with the claim.

The VA sent me a letter a few months back about making a claim based on Nehmer Vs Dept of Veteran Affairs and if I didn't want to submit a claim to ignore the letter-which I did. Now they sent me recently another letter setting me up for an exam regarding the subject court case. I don't know why, I filed for heart condition in "85 when I got out of the military and it was denied and I let it go. I had hypertension and chest pain in thes ervice and underwent a ETT which was abnormal/borerline and it was suggestive of CAD (Coronary artery disease) but not proven. Now after so many years have gone by I'm sure with the high blood pressure that I have CAD an that in some degree is associated with Ischemic heart Disease (IHD). Does anyone know why the VA screwballs want an exam on me? I don't believe it's to my benefit except to undergo the cardiac testing and find out that I have some sort of heart problem that they might render medicine to control. Please, someone reply, thanks.

[johnjjr]

JOHN 6012,

Depending on the outcome of your C&P exam, the benefit to you could be a rather sizable deposit in your bank account plus SC for IHD. And I don't know of too many older folks who mind popping a pill or two to keep the ticker going.

[john6012]

I'll go ahead and go thru the exam because I want to find out if there is an underlying heart condition. I suspect there is an it'd relieve my mind if thre were and it could be medicated. Yep, had boots on the ground in South Vietnam so that must be why I'm being recalled....