The new AMA-Mobius loop?

[FormerMember]

https://asknod.org/2019/04/10/hadit-com-radio-show-the-ama-a-mobius-loop/

[Berta]

The VA has Sced CAD to AO.

In the decision the CAD is noted this way:

"Ischemic heart disease (coronary artery disease) was not added to the list of presumptive conditions based on herbicide exposure until August 31, 2010."

https://www.va.gov/vetapp19/files1/19106130.txt

"I keep hitting the wall on IHD. I have a doctor say he has CAD. I get denied. I have a dr say Arteriosclerosis throughout (including the coronary arteries and peripherals). I get denied. I say Atherosclerosis. Denied" 

Gee dont give up on this- I know you won't.

As many know my husband died of IHD.( Vietnam 65-66 USMC) and the ECHO was one of the prime ways I had to prove my AO death claim.

I am shocked to see that this vet has arteriosclerosis( which the ECHO I used proved-due to the measurements etc.)yet VA denied for IHD? Or CAD?

The C & P exam he got was probably flawed and not done by a cardio doc.

Can you scan and attach the VA denial? And the evidence list ( cover names, and C file # prior to scanning it)

The vet above wanted a better EED for his AO CAD-he was in th same glitch I mentioned on th AO show I did last wek here.

He thought the AORegistry stuff was a formal claim. It wasn't.

But my point here is how can he get AO for CAD and your vet can't?

 

 

[Berta]

I forgot to add, my husband was never diagnosed or treated by VA for IHD.

It was one of the conditions they malpracticed on, (FTCA settlement /1151 award).

The Nehmer VARO gave him a very favorable EED for IHD but they had to guess at the rating-

6 years retro ( but of course the IHD was the prime cause of his death so he could not benefit from that decision)

An ECHO reveals a lot of info, when arteries narrow due to atherosclerosis ,clots can form in the heart.Or go to the brain.

Your vet probably also has PAD-peripheral arteriol disease that might affect his lower extremities.

I wonder if his VA doctor is even a VA employee ( or some contracted doctor who is not a VA employee.)

They sure dont sound like a Dr familiar with cardiology.

Edited April 11, 2019 by Berta

[john999]

I had something called  "calcification of veins and arteries" in my left leg.  I filed a claim on this thinking it was PAD.  The VA corrected me and granted a claim for CAD/IHD?  I am confused about the difference between PAD, CAD and IHD, but I did get 60% on appeal.  My first C&P was done by a nurse.  It was an embarrassment to the medical profession.  I appealed that baby and got 60%.  This took a couple of years, of course.  I got more testing at the VA's expense and the VA came back with some inconclusive results but I got the 60% for CAD anyway.  I just don't understand how the VA came up with this rating but it gave me HB "S" so I can't complain too much.  The VA really is not up to speed on this stuff.

[Berta]

John- you are so correct!

My AO IHD claim was denied at first because ( as the denial states) my husband did not have evidence of IHD inservice.  Say what???

I cued them immediately- and pointed out that most of these Vietnam vets were KIDS, when they were sent to Vietnam and he was only 18 years old, and his platoon Commander,incountry, was "the Old Man"-

 was only 25 years old.  And if he or any young Vietnam Veteran had IHD , how could they have gotten into the service or been sent to Vietnam

Within weeks ( I believe I Filed an IRIS complaint too-I was pissed) but within a few weeks the Nehmer VARO in Philadelphia awarded for AO IHD, 100% P & T stroke under 1151, and two cues I had filed-

2003 CUE on lack of consideration of SMC   retro SMC

2004 Cue on lack of listing my husbands heart disease on the 1151 DIC award I got.

It was clearly noted on the 1151 DIC award letter ,in their rationale for the award but no code and no rating.

They did code his 100% SC P & T for PTSD in the same code sheet - so duh- 100% PTSD plus over 60%, independent 1151 SCs equals SMC

A few years ago we had  a vet claiming AO, (incountry Vietnam) and questioned their POA how Nehmer would work.

The POA vet rep did not even know what Nehmer was.

How many widows of AO vets got the same BS denial  letter I got at first and didnt know what to do?

And how many Vietnam vets are there , who might file under any new AO regs or under sny new  BWN AO regs and get some stupid VSO or rep who does not have a clue?

I do not think literacy is a job qualification to work at the VAROs.

My 2003, 2004 CUEs took until 2012 to be awarded.They sat at myRO all those years with lots of back and forth BS and they were set for BVA transfer but I got Nehmer Phila to handled them because they were filed prior to the 2010 AO IHD claim and dependent on a proper resolve of the AO IHD claim.

My Nehmer audit is all wrong. I didnt want to deal with them again but it is what it is - I have 4 CUEs filed on it now.

The audit from Nehmer states it is an "estimate."I wonder if anyone else got a retro based on an "estimate".

Past retro payments to me have had errors in them to the tune of $40,000.

It is " as likely as not" they buggered my Nehmer audit.

I got the money in their past errors , and I know  they sure have sophisticated mathematical PC programs, but those programs are controlled by someone putting in the information.

It is a real time comsuming pain in the butt to go over VA audits but I bet they make mistakes in audits, to the claimant's detriment, that are never found by the claimant and never challenged.

 

 

 

 

 

Edited April 12, 2019 by Berta

[Berta]

Asknod- I have read over at least 40 BVA decisions from the past few years that held the words

Agent Orange  CAD  denied ,and have not found yet a single CAD AO claim that was actually denied,regarding any incountry Vietnam vet 

Many were denied due to these reasons,

the veteran had an established AO CAD rating and wanted a higher rating, and BVA remanded or denied for that reason or

the veteran claimed CAD from AO but had never served in Vietnam nor proved he was exposed elsewhere,

so he was denied by the BVA .

the veteran claimed secondaries due to the established CAD he had from AO, and was remanded or denied, or

the veteran was seeking a better EED and already had established rating and award for CAD due to AO.

I am still stunned that your vet is being denied.

 

[broncovet]

I think THIS is the reason this vet was denied:

https://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html

In summary, at least 60 percent of the time, the government takes a position against the Veteran which is "substantially unjustified".  

This is the reason a Vet can hire a lawyer at CAVC level, and rarely ever pay one cent in attorney fees.  Some lawyers often accept BVA denials (and an appeal to the CAVC) expecting "0" from the Veteran.  You need a recent board denial to do this.  

Pretty much, any time the lawyer gets a remand or a win, EAJA awards attorney fees.  

Right now, Im at the CAVC represented by Chris Attig, and, whether I win or lose, I wont pay attorney fees.  The fees are covered by eaja if I win or get a remand, and if I lose, I dont have to pay attorney fees anyway.  

Even if I lose, my attorney "may" appeal to the Federal Circuit, if he thinks it has merit.