Ihd Ratings

[allanE]

I'm looking for clarification of CFR 38, 4,104 (7005) Coronary (Ischemic) Heart Disease.

It reads "More than one episode of acute congestive heart failure in the past year, or; workload of greater then 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent."

I didn't have more than one episode of congestive heart failure this year (but did have one), and my LVEF is not 30 to 50% - it's 60%. On the Ischemic Heart Disease Questionnaire, my Primary Care (VA) Doctor checked 3.5 METS. So the only thing for me that this reg fits is the 3.5 METS. Does that mean I will get the disability rating of 60%

I was "boots on the ground" from 1966 to 1967 in Corp III. I have had ischemic heart disease since 1992. Had two heart attacks - angioplasty once and one stent. I still take medicine to control this disease. And yes there is evidence of cardiac hypertrophy or dilatation.

This is my first claim and I have no idea how it all works. This site is the only help I seem to get. I asked for help from the American Legion, but I think that was a mistake. After several e-mails and phone calls I still haven't heard from them and this all started back in August.

Since this is a pretty cut and dry claim (and my only one), and not complicated, how long do you think it will take to settle?

[Harv]

Berta,

I figured I would come under regular AO/IHD and that retro would be to claim date. I have been lucky, and have had claims decided rather quickly, I'm sure because I had my ducks in a row. I'm sure many Vets will find your postings, amoung others, of immeasurable help, as I did. I could not have done it without the help and advice learned solely from this site's members. Cannot thank you and them enough. No SSDI as I'm still working, rather slowly now.

[Berta]

Thank you!!!!

My husband and I were in the original AO class action settlement fund.(late 1990s) .AO has been the most important veteran's issue of my life.

The fund awards however had nothing to do with the VA and that was almost 20 years ago.

I never dreamed I would have a dog in the AO fight personally until my daughter, a veteran, INSISTED that I re open my claim in 2003. She begged me for months to do that but I didnt want to deal with VA again and I was satisfied with my DIC award.

I also didn't want to look at these horrible med recs again and the way the malpracticed and then deliberately tried to cover all that up.

Until I did what she insisted that I do= and look at the med recs in a different way.She was right.

I discovered another malpracticed condition and this was an AO disability- DMII.

This was very well covered up by VA (the DMII was left untreated) and the VA had hidden it very well =so well that I had to study Endocrinology myself to understand what they did and didnt do right in the med recs.

It was very very difficult to prepare and present this new claim.

I had already won under 1151 and FTCA and I could not FTCA them or 1151 them again.

It took me about 2 months to decide on how to word this claim so the VA could not say I had already succeeded with similiar claims.

I also had to explain to them my FTCA offset had to be refunded upon any award for DMII.

This time I got IM0s, 3 in all and had ordered a fourth-but my award letter came before the 4th IMO doc had a chance to prepare his IMO.

In spite of my award, it took the VA almost another year to give me my FTCA offset back.

That was a very big battle.

Finally I called the OGC and they sure didnt want to deal with me again (one OGC lawyer told me I was too tough and he is right)and they sort of tried to blow me off until I got very persistent and a top honcho lawyer for VA sent the RO the exact same regs I had sent to them-that, in my case, allowed for full refund of my FTCA offset. (a high five figure award)

Then the check was in the mail!

Our claims, my husband's and mine, have covered many different aspects of VA case law.

Strong medical evidence ,common sense, and lots of persistence made those claims valid and awarded.

I am hoping to get a CUE decision soon that might help others here as well as an AO IHD award.

Edited October 30, 2011 by Berta

[Harv]

Your most welcome and good luck on the CUE decision. Am sorry for your loses and all you've had to go through and still pursuing. My best wishes for a successful outcome.

[pkelly4576]

Berta, I too have learned alot from your posts. If it were not for your help, I still would not have the form that was needed for my doctor to fill out. This is a great web site with alot of material and knowlage to gain. I am grateful for all of the answers to my many posts, and I hope to post soon when I get my award letter.

Semper Fi

Coachchas

Thank you!!!!

My husband and I were in the original AO class action settlement fund.(late 1990s) .AO has been the most important veteran's issue of my life.

The fund awards however had nothing to do with the VA and that was almost 20 years ago.

I never dreamed I would have a dog in the AO fight personally until my daughter, a veteran, INSISTED that I re open my claim in 2003. She begged me for months to do that but I didnt want to deal with VA again and I was satisfied with my DIC award.

I also didn't want to look at these horrible med recs again and the way the malpracticed and then deliberately tried to cover all that up.

Until I did what she insisted that I do= and look at the med recs in a different way.She was right.

I discovered another malpracticed condition and this was an AO disability- DMII.

This was very well covered up by VA (the DMII was left untreated) and the VA had hidden it very well =so well that I had to study Endocrinology myself to understand what they did and didnt do right in the med recs.

It was very very difficult to prepare and present this new claim.

I had already won under 1151 and FTCA and I could not FTCA them or 1151 them again.

It took me about 2 months to decide on how to word this claim so the VA could not say I had already succeeded with similiar claims.

I also had to explain to them my FTCA offset had to be refunded upon any award for DMII.

This time I got IM0s, 3 in all and had ordered a fourth-but my award letter came before the 4th IMO doc had a chance to prepare his IMO.

In spite of my award, it took the VA almost another year to give me my FTCA offset back.

That was a very big battle.

Finally I called the OGC and they sure didnt want to deal with me again (one OGC lawyer told me I was too tough and he is right)and they sort of tried to blow me off until I got very persistent and a top honcho lawyer for VA sent the RO the exact same regs I had sent to them-that, in my case, allowed for full refund of my FTCA offset. (a high five figure award)

Then the check was in the mail!

Our claims, my husband's and mine, have covered many different aspects of VA case law.

Strong medical evidence ,common sense, and lots of persistence made those claims valid and awarded.

I am hoping to get a CUE decision soon that might help others here as well as an AO IHD award.

[Berta]

"I still would not have the form that was needed for my doctor to fill out. "

Our well paid vet reps and NSOs out there should have these forms regarding the 3 new presumptives right in their offices to give to the vets who need them.

I bet many of those reps have not even heard of them yet.

Hadit should be a training program for them. And for the VA too.

I took the same courses from NVLSP that most vet reps take.

But that was in 1997.

We advocates have to keep as up to date as we can on this stuff - because those BT NVLSP courses many took years ago to become NSOs or reps do not reflect at all how much 38 CFR has changed over the years.