Ihd With Aicd Rated 20 % , Pulling Hair Out

[jcolwell]

DM2 approved presumptive for AO/Herbicide or what ever you call it for Thailand.

Appeal 2 years ago at RO per Peggy rated today at 20% for IHD and AICD effective 12/2012. I filed 4/2011 for IHD and ICD. I faxed a cue to VA RO and Appeal center with medical record evidence of IHD and AICD etc.

Am I missing something here, thought this would be 100 % due to AICD inserted in 2007.DRO practically said so in the interview. I have requested a copy of DRO interview report which will take some time.

Why would AICD be denied ? Did I screw up somewhere? VSO is not useful at all.

I am fully aware of appeal rights with BVA but don't want to thnk of going back down that road after 2 years. Semi-pissed.JC

[71M10]

My guess would be basic VA quality! I am guessing in the teenie tiny VA mind they don't feel the ACID is connected to the IHD (rated under 7005), But 20% isn't a rating level in "7005 Arteriosclerotic heart disease (Coronary artery disease):"

Something looks screwy here, did they rate your for DM2 or heart disease, if heart disease what code?

[Berta]

That rating is absurd!~

“Diagnostic Code 7011 is used for evaluating ventricular arrhythmias and provides that a 100 percent rating is to be assigned for an indefinite period from the date of hospitalization for initial evaluation and medical treatment for sustained ventricular arrhythmias, or following ventricular aneurysmectomy,
or following insertion of an automatic implantable cardioverter/defibrillator (AICD).”

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1325327.txt

Even the EED seems wrong.

" I faxed a cue to VA RO and Appeal center with medical record evidence of IHD and AICD etc."

Good for you!

Remember the Thailand bulletin advises using 38 CFR 3.156© to recover potentially more retro if the VA denied for IHD or DMII in a past unappealed decision.

Computer Tech made sure this was posted here recently in the AO forum.

[jcolwell]

Waiting for BBE. No codes known yet.

1. They called last week from RO with a verbal rating of 30 % for IHD. I think combined rating is 40%.

After shut down over we called them no one confessed to calling us.

2. I have 2 things in appeal for 2 years. IHD with ICD, and Chronic renal disease, they denied my GERD. ( got BBE)Renal wont have a chance since it would be secondary to IHD

3. Regular claim for DM2 ( presumptive ) was approved and paided before shutdown at 20 %. ( other things denied and BBE received)

VSO said get the BBE and we can file a Appeal...I did think of slapping him..........some may be johnny on spot but I am firing this guy as soon as I can start gritting my teeth

Thanks for replying

[jcolwell]

_{Husband , just returned from RO.}

_{DAV gave partial copy of what we needed to see.}

_{Rated : 7005 Arteriosclerotic heart disease ( CAD) 30% granted retro to 9/1/2010. ( big $$ difference as retro to 2010 )No mention of ICD yet. I don't have the detail decision from VA on reason for low rating.}

_JC

[Berta]

Our claims have to worded very carefully oif they involve secondary conditions.

I pretended the raters were ten years old, when I ;laid out my AO DMII death claim for them,

I will give you an educated lay opinion here because I know more about DMII than I ever dreamed I would learn.My husbands initial diagnose of DMII in 2003 came from me.

I have posted the VA DMII training letter here many times over the years. It has a long list of potential DMII secondarys.

It helped me win my AO DMII claim ( the diagnosis of DMII never appeared once on the VA med recs so that claim took time for me to succeed in.

I believe the implant should have been claimed as secondary to the IHD...was it?

"Renal wont have a chance since it would be secondary to IHD "

Yes it will have a chance,but in my lay medical opinion ,I feel strongly that the Rernal disease is 'as likely as not' due to the DMII:was it vlaimed as secondary to the DMII?

The VA DMII training letter and numerous medical resources on the net can support that point.

My husband had multiple secondarys due to his undiagnosed and untreated DMII. I made the point to the VA that these secondarys have already ben associated with DMII in VA's own 1997 DMII training letter. I was using their TL from 1997 at that time because it was their criteria when my husband died. I sent them the whole 17 pages of it,highlighted as to what VA had already determined to be disabilities and complications most likely due to DMII.

http://www.ncbi.nlm.nih.gov/pubmed/15113782

http://care.diabetesjournals.org/content/27/suppl_2/b45.full

http://www.guideline.gov/content.aspx?id=24192

I also wonder if the raters understand Renal as kidney disease so that should be clearly stated in the claim.

Renal disease was one of the few DMII secondarys my husband didnt have.His autopsy revealed kidney cysts ,but nothing else of a renal nature.

When the decision comes, you might have a basis for asking them to CUE themselves on it.

I got the most ludicrous decision I ever saw, for my AO IHD claim.I Asked them to CUE themselves and they reversed the decision in weeks. I explained all that some here already .

But that all depends on the actual decision you get.....and hopefully you can scan and attach it here (cover the identifying stuff)so w can read exactly what they say.

sorry for the pink and underlined etc etc....I am doing homework at the same time I am here....not a good idea......

All secondarys need a medical opinion to support the nexus of them to the prime SC disability.

Any VA doctor on the ball would be able to do that ,via a C & P but then again....

I assume you will get some retro and maybe best to allocate some of it for a possible IMO if needed.

Edited October 19, 2013 by Berta

[jcolwell]

Berta, and others. I have attached the key pages of my IHD rating with ICD.

Why did I not get 100 %. I have read regs for Cardiac and on the last one it states " OR " AICD.

I do have HTN , is that the reason. I am lost as to why I only got 30 %.

Thoughts appreciated. JC and wife

Colwell IHD with AICD.pdf