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Appealing a Finding when already rated 100% for Ischemic Heart

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Navy Vet Marine Wife

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My husband is a Ret. Marine who served in Vietnam, as well as Camp Lejeune; he has a myriad of health issues resulting from his time in Service. He has been rated 100% for ischemic heart, and has diabetes, neuropathy, and ED, and receives some SMC. We have applied for Aid & Attendance and had to appeal, because the original doctor said he needed it for his lungs (which the VA says are NOT presumptive for AO) but his pulmonary says it is from his heart. 

We applied for disability ratings for his lungs, and hypertension last summer but were denied. Now the VA has determined that hypertension is presumptive to Agent Orange. Should we appeal the denial for the hypertension, it won't raise his rating anymore, but can it help with the Aid & Attendance?

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I agree.  Yes, I will say it.  You should look out for "family interests", but it is noble you are looking out for him.  

The big deal:  DIC (Dependents Indemnity Compensation).  DIC is around $1562 per month for the spouse, in the event of the Veterans death, under certain conditions:

1.  If the Veteran dies of a SERVICE connected condition, OR

2.  If the Veteran dies of ANY reason AFTER he has been sC 100 percent for 10 years or more.  

This could mean the difference for you if he passes, and, of course, you will also want to look out for your family and you will be better equipped to do so with an additional 1500 monthly.  

High blood pressure can kill you.  So, its possible his cause of death could be determined to be High blood pressure, and if not SC, that could leave you without DIC. 

ALSO, yes additional ratings can well mean additional SMC.  Remember SMC has to be for a service connected condition..so if he needs a and a, but its NOT FOR A SC CONDITION, you wont get it.  

 

 

 

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1 hour ago, Navy Vet Marine Wife said:

My husband is a Ret. Marine who served in Vietnam, as well as Camp Lejeune; he has a myriad of health issues resulting from his time in Service. He has been rated 100% for ischemic heart, and has diabetes, neuropathy, and ED, and receives some SMC. We have applied for Aid & Attendance and had to appeal, because the original doctor said he needed it for his lungs (which the VA says are NOT presumptive for AO) but his pulmonary says it is from his heart. 

We applied for disability ratings for his lungs, and hypertension last summer but were denied. Now the VA has determined that hypertension is presumptive to Agent Orange. Should we appeal the denial for the hypertension, it won't raise his rating anymore, but can it help with the Aid & Attendance?

What is the best way to appeal? For his A & A we did a Supplemental Claim, because his pulmonary stated the need was due to his heart condition. Should we do Supplemental for the hypertension because of the PACT Act?

His VSO said not to worry about anymore claims. I disagree. 

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I agree with YOU, not the VSO.  Its easy to spend "someone else's money", but different to spend YOURS.  

Your VSO wont get a penny regardless.  

To Appeal download the form.  I recommend a BVA appeal.  I dont recommend messing around with HLR because its mostly a trip to the mud to spin your wheels and accomplish nothing.  

The form is here:

https://www.va.gov/vaforms/va/pdf/VA10182.pdf

I usually dont do hearings, (because I dont hear well), but if you want a hearing, you probably will need help, such as a VSO.  It does not sound like your VSO wants to help you MAXIMIZE your benefits.  I bet he wants HIS pay maximized, tho!  

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1 minute ago, broncovet said:

I agree with YOU, not the VSO.  Its easy to spend "someone else's money", but different to spend YOURS.  

Your VSO wont get a penny regardless.  

To Appeal download the form.  I recommend a BVA appeal.  I dont recommend messing around with HLR because its mostly a trip to the mud to spin your wheels and accomplish nothing.  

The form is here:

https://www.va.gov/vaforms/va/pdf/VA10182.pdf

I usually dont do hearings, (because I dont hear well), but if you want a hearing, you probably will need help, such as a VSO.  It does not sound like your VSO wants to help you MAXIMIZE your benefits.  I bet he wants HIS pay maximized, tho!  

Thank you. I am going to fill out the appeal form now. Because it is now considered Presumptive, I don't think there will be a problem with the appeal and do not think we need a hearing.

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