rapsellsr Posted October 2, 2019 Share Posted October 2, 2019 I filed for COPD on my very first claim in 2007, which was denied. I stated smoking IN Vietnam and I have IHD. Any chance on retro pay? Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted October 2, 2019 Content Curator/HadIt.com Elder Share Posted October 2, 2019 The VA recognizes that IHD is a presumptive condition for AE exposure meaning if you were in certain theaters of operation and are diagnosed with certain maladies, then they presume it was caused by service. It would be worth it to go ahead and file a claim for this just to get the ball rolling. I am not certain if the VA would need to make an opinion as to whether smoking was a factor or not, but just be prepared for them because what they sometimes do often does not make much sense. As far as retro, I am not certain either. If you never filed a claim for it, then they might give you retro from the date that you filed. Some of the other veterans here would probably be able to tell you their opinion as to whether or not you can get retro going back farther. Below is some additional information about the VA and presumptive conditions. https://www.publichealth.va.gov/exposures/agentorange/conditions/ Quote VA assumes that certain diseases can be related to a Veteran's qualifying military service. We call these "presumptive diseases." VA has recognized certain cancers and other health problems as presumptive diseases associated with exposure to Agent Orange or other herbicides during military service. Veterans and their survivors may be eligible for benefits for these diseases. ... Ischemic Heart DiseaseA disease characterized by a reduced supply of blood to the heart, that leads to chest pain "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
0 vetquest Posted October 2, 2019 Share Posted October 2, 2019 I would try to get service connected for COPD. It is difficult, my father died of COPD, was a brown water navy vet, and was denied benefits for this condition. Even though he was denied benefits he still got help from the VA for his condition. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted October 2, 2019 HadIt.com Elder Share Posted October 2, 2019 IHD or CAD are covered by A.O. presumptives using Diagnostic Code 7005. COPD is not. You would have to get an IMO from a heart doc that s-c the COPD to lung cancer which you apparently don't have. Lung cancer is s-c to A.O. also. Do research for Board of Veteran Appeals and CAVC decisions if there was any connections. I haven't heard of any. Highly unlikely you could get EDD even if you won. Sure, try for COPD if you can s-c somehow. A really smart lawyer might be able to get them to do so, as cigarettes were provided and it is proven they cause COPD. Try a few of the big law firms and find out. Best of luck and let us know if you have any success. Link to comment Share on other sites More sharing options...
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rapsellsr
I filed for COPD on my very first claim in 2007, which was denied. I stated smoking IN Vietnam and I have IHD. Any chance on retro pay?
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