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New Regs Fr Cardiac,hbp,

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Along with the new regs for New and Material Evidence- links posted already by JStacy-that can have a significant retro value to some- probably many veterans-

The Rating schedule for hypertension with heart disease, and the Evaluation criteria for certain Respiratory and Cardiovascular conditions is changing.

This change involves veterans receiving Oxygen therapy,post broncial dilators,FVC and FEV -1 conditions-

Diagnostic codes on their ratings as 6600,6603,6604,6825-6833,6840-6845-

The rating schedule will change-dont have the date of proposed change yet-for 38 CFR-

Veterans within diagnostic codes 7000-7007,7011,7015-7020 which is veterans with cardiac hypertrophy-etc- those regs will change and then

Hypertension is to be evaluated as separate from hypertensive heart disease and other types of heart disease.

This could have a significant impact on any veteran with SC heart condition.

I will attach a pdf of these new and significant regs.

The DC codes on your last rating decision- I would suggest that you see if you should be rated under the newer criteria and if this would benefit you-compensation-wise-prepare to file a claim- I dont know when this will be a published reg-once a FR goes into the 38 CFR, it is 100% official.



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Berta, I figured there would be allot more activity on this subject. This ruliung separates Hypertension from Heart disease and I think it will add a separate rating for Hypertension. This ruling may just put a Vet over the top if he is combined for Hypertension and heart disease.

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I agree John and thank you for telling me these regs have been published- I was not keeping up with this and it is important to my SMC CUE claim they are working on.

I too was surprised at the lack of discussion here on this issue-

You are correct and maybe others will now chime in-

I sure appreciate your knowledge and monitoring of the FR.

VA has a problem with this claim- that I can understand the problem they have--however they still have to decide it.

The VA told me the veteran did not have any heart disease but after he suddenly dropped dead- I found in his med recs-significant proof , EKGs, ECHO that he did and they knew it for 6 years. It took time to understand the med recs and the symbols and terms and then I studied cardiology for months.(1995)

When I won a wrongful death settlement the charges I made were all agreed to by the Medical Team at VA CO in DC. That was not easy and I had to spent time calling them etc and talking cardio-medical -up to their level- long story there-

the veterans heart disease was totally misdiagnosed and that was part of the settlement as it was one of many malpractice instances that caused Rods death. (documented)

The VA has a SMC accrued claim as a CUE from me because they never rated the vets significant heart disease-proven via FTCA evidence I supplied.

It also includes my charges (proven) that his HBP was malpracticed-a second disability per the new regs-

I have clearly stated recently to VA that my medical expertise is sufficient (by virtue of the FTCA (I had no IMO and no attorney) to diagnose the veterans heart disease in staged ratings for 6 years-and the FTCA setlement proves my cardiology background is sound.The VA never diagnosed Rod with CAD, I did.

So they have a rating to decide on for heart disease and I included the HBP too.

The medical records reveal the heart disease untreated for 6 years yet they have NO VAMC diagnosis of it except for the FTCA settlement and the VACO medical report. which the mysterious force has

removed many times from the c file already-all the medical opinions in the c file for 3 years-are mine supported in 1997 by Chief of Cardiology VA Washington-

They did list as HBP 10% NSC in 1998 posthumously in my DIC award but the DCs for the 1151 brain trauma was all wrong as well as NO DC or rating for heart disease.That is in separate SMC accrued CUE they are working on now.

MY POA took note of these errors but never advised me to NOD this-and in 1998 I was tired of dealing with them regarding my claim and never gave it much thought until I read 38 USC 1114 many times-ad filed claims under CUE for their errors.

I determined the ratings staged for 6 years (needed for Nehmer AO decision)

and I determined two years as accrued under the usual accrued statute for widows-

I figured out the SMC level stages and then gave them these figures and the amount I expect them to award me-

a staggering sum-

I already realised they could take the PTSD 100% and add 60% under 1151 and send accrued for two years under SMC "S"-this is an obvious award they owe me- but I told them to keep that check and instead take the time to prepare the proper award.

I made it easy for them.

Edited by Berta (see edit history)
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Berta, They dont officially take place until 10/06/2006, However the Directive for HTN under the Cardiovascular ratings for Hypertension has a note at the top of the header stating this change.

This should have done years ago. Allot of Vets have died and never did receive the correct compensation. This reg takes the ability to low ball a Vet away.

I dont know who is writing these changes and getting thm passed, But they deserve a pat on the back.

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I agree-

and although I gripe about them a lot some of the best,kindest, dedicated, knowledgable people I have ever met work for the VA-in ROs, VAMCs, and VACO, Gen COunsel, and BVA in DC.

Top Notch wonderful VA employees.

Their PTSD inhouse programs and numerous other programs that VA provides are excellent too.Their attention to Native American vets with PTSD and other intrinsic cultural needs has been monumental.

And they are not all quacks by any means and the VA docs do save lives everyday-

I helped a VAMC down south with cash and many items during Katrina-

Their Director showed exempliary leadership and organized their relief to Katrina victims.

They received one of many awards that VAMC and VA employees got for duty beyond the call when Katrina struck.

They sent me a beautiful thank you letter yet it is they who should be thanked many times for what they did.

I am so very proud of many employees in the VA system.

But it only takes a few lazy incompetents at a RO or a VA doctor who cannot make a proper diagnosis with a result that can be deadly-to cause veterans and their families unneeded and unconscionable stress and despair.

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