Please Help-Time Is Running Out

[warren]

My RO denied my NOD that they received 01/10/2012..I disagreed with their 10% award for IHD, stating that i should have received 30%, this is nehmer claim back to sept 11, 2002, I did receive retroactive pay on the 10%. I received their denial letter on the 30%, Nov 15, 2013, telling me i had 60 days from the date of their letter to appeal their decision. They sent me a VA form 9 to appeal to the BVA. They said i could have a hearing before they sent my case to the BVA. They told me not to delay filing my appeal if i request a hearing, because my request for a hearing does not extend the 60 days. If i request a hearing before RO and they agree with me, does my appeal still have to go to the BVA? The reason i'm asking, is that i don't want my appeal to go to BVA and sit their for 2 years, if the new info will change the ro's mind and they award me 30%. I had original C&P on Nov. 3, 2010 and NOD C&P on jan 28,2013. Today Dec. 3, 2013, i had exam with one of the best civilian cardiologists in my area. He spent quite a bit of time with me. gave me Electrocardiogram and other test. Got a big surprise, I have had a heart attack in the past (didn't know i had one), I have problems with electrical activity in my heart, heart beat is low, i have to wear heart monitor, and was giving nitro. Tomorrow i go in for stress test and i will walk the tread mill (VA wouldn't let me walk tread mill). In the year 2001, i had a heart cath showing two blockages of 55% and two of 40%. He says that most likely, from his 40 years of experience, I will have blockages needing open heart surgery or stents. I don't know why the VA didn't find this. Please, i need some advice on what to do since my 60 days will be up 1/15/2014. Is what the cardiologists has already found and if the stress test shows i need by-pass or stent is this considered IHD?

GOD BLESS

[Berta]

http://www.va.gov/vetapp05/files1/0506011.txt

In this case they used diagnostic code 7005 for IHD in a 2002 BVA decision.

Can you tell us what diagnostic code VA used for your Nehmer claim?

The Nehmer RO people were well trained by NVLSP using the training letter or these claims that is posted at hadit.

The ROs made minimal mistakes, as a Nehmer lawyer told me, but that doesn't mean they were always correct, as my claim showed.

It was the worse error (of many my AOJ RO has made over the years) and I was shocked by it because it came from a different VARO.

But as I said above I got that fixed in a heartbeat...I was very angry. .VA had ruined enough of my Christmases and I made sure that Chrtistmas (2011) would be a good one.

NVLSP couldn't help with the error (it was a CUE within the recent decision ) but they reviewed the final award for me.to make sure my retro was correct.

[stillhere]

Typical case of the VA playing GOD with a veterans disability. In the case of heart disease a mistake (hmm) by them could lead to an early departure from the land of grass under your feet.

I am 100% for my heart and if it was up to the VA I feel I would have been dead in 05! I put my money out for a private cardio dr. knowing he will do his very best to try and extent my life!

You are doing the right thing and as Jay says get cracking with a lawyer and follow through with everything your cardio doc says.

Hell i feel the stress just dealing with the VA and my heart makes everyday of my life shorter! Let the lawyer handle all the stress and set your sights on enjoying what you have left on this earth!

Goodluck!

Stillhere

[jbasser]

Your rating will be based on the strength of the heart either by Mets or Ejection Fraction.

That is how they do it.

J

[warren]

Berta,

You asked if i contacted NVLSP when I filed this. claim.

on 9-11-2002, I filed for agent orange exposure and hearing loss on VA form 21-526, thru DAV. I didn't contact NVLSP at any time. They surprised me with a letter when i received the 10% for taking the blood pressure medicine Metoprolol. NVLSP, wanted to know if i had received the correct date concerning the retroactive pay and I did and the retro dollars were correct. Metoprolol was prescribed by civilian cardiologist and my pcp at va clinic started giving it to me in sep. 2002.

You stated that malpractice could be a potential result.

VA made my 10% award based on the following evidence:

a. All evidence contained in the claims file prior to sep 19, 2002, which is the earliest date a claim for nehmer purposes was received in va.

b. original disability claim, VA form 21-526, received on 9/11/2002.

c. VAMC treatment records received on 9/19/2002.

d. VA rating decisions dated 3/17/2003 and 10/28/2010, and all evidence contained therein..

e. Your claim, VA form 21-526 (VONAPP), received 6/18/2010.

f. duty to assist letter sent on 7/12/2010.

g. VAMC C&P exam dated 11/3/2010.

h. cardiologists treatment records dated 5/26/2005 to 7/13/2010, received on nov 19,2010.

i. hospital treatment records dated 12/5/2001, received on 11/19/2010. this the one that shows the blockages. i guess i was late getting it to them.

j. an electronic review of VAMC treatment records dated 8/9/2002 to 2/4/2010

yes i have copies of the actual C&P results of 11/3/10 and 1/28/13.

under reasons for decision: pursuant to the authority granted by the agent orange act of 1991, etc.

this statement too: va conducted a de novo review of your entire claims file to determine the earliest date of claim per 38 code of federal regulations 3.816 pertaining to awards under the nehmer court order.

Berta, i'm sorry i'm getting very tired, i will continue later.

GOD BLESS YOU!

[jbasser]

Warren, lets help folks understand. It is obvious that the VA has you rated between 7 and 10 mets. That is basically an EF of 70 to 100.

You have blockages, Those may require angioplasty unless one is in an area that cant be reached by the catheter. Then they would have to open you up. Now for the percentages of blockages, They may wait on a 55 percent blockage.But then again they may do it. Now for Surgery the VA has to 100 percent the rating for a convalescence period then re examine you later to get your stabilized rating.

Get your latest Echo or Heart Cath and look at the LVEF. That alone will tell you where you stand.

Hang in there.

Basser

[warren]

Basser,

Thank you, I realize i panicked but i don't like the VAMC playing games with my life. I'll find out tomorrow when I walk the tread mill for a civilian cardiologists what my mets and lvef are. Maybe the VAMC is correct. I can't see how they missed the heart attack, electric problem and low heart beat.

GOD BLESS YOU