Heart Disease added to Agent Orange V...
jjmatej

Bremerton, WA

#3724 Mar 27, 2011
Bee wrote:
<quoted text>
My husband only received benefits from the time he put his claim in last year for IHD...however ...they are now redoing his rating back to the time of diagnosis....which means 6 years of back rating checks....so I would re do that as they might go back to 2006 for you...we are in the hands of the Nehmer lawyers also and that is going to help us. Check with your service rep and re open that claim...there are alot of vets in that situation...
Bee, I have not heard of anyone getting compensation for IHD from the date of diagnosis. The VA will only grant compensation from the date of filing a claim. Is your claim an inferred claim. An inferred claim is one where you file a claim for another disease and they mention IHD within that claim. Have you filed for anything else besides IHD.

John

Since: Jan 09

Location hidden

#3725 Mar 27, 2011
Bev wrote:
Someone above mention inferred claims and I would like more info on this. My husband started receiving benefits for diabetes and high blood pressure in 2006. I notice on ebenefits that they received records from his private doctor on 12/2006
which means it should have the information for IHD.
He had a stint put in June 06. He submitted a claim for the IHD in July 10. If it is mentioned in his Dr. report will they go back to 2006?
Thanks for you response in advance
This is the best explanation of Inferred Claim I have seen. It if from a former VA Rating Specialist:

An "inferred" claim is any claim that has not been specifically put at issue in the form of a formal claim, but specific circumstances exist which require that the decision maker put the claim formally at issue and render an appeal-able decision. For example, let's say someone files a formal claim for service connection for condition X and while undergoing a C&P exam happens to mention to the doc that he thinks that condition Y is also due to service. If the doc notes this assertion by the veteran in his report, the decision maker at the Regional Office is required to put condition Y at issue just like he does the claimed condition X. Doesn't mean that he has to grant it, but he does have to make a formal decision at some point that the claimant can appeal. Keep in mind that simply mentioning or being diagnosed with condition Y isn't enough; there must be a positive assertion that it is due to service before it is an inferred claim.

Having said that, there is an exception to the requirement that there be a positive assertion of service connection. This is where the inferred claim under Nehmer can come into play. For example, let's say a Vietnam veteran files a claim for non-service connected pension and the medical evidence received in conjunction with this claim shows him to have been diagnosed with lung cancer, a disability that is presumptive to AO exposure. The decision maker has a responsibility to "infer" the issue of service connection for lung cancer in such a situation.

Having said that, keep in mind that there is no such responsibility on the decision maker to infer claims when no obvious nexus to service is shown. For example, just because a medical exam five years after discharge from service shows arthritis of the left ankle and you sprained your left ankle in service the criteria for an inferred claim wouldn't be met UNLESS there was a positive assertion by you or the doc that they are related. On the other hand if the arthritis is shown within the first year after discharge it would be an inferred claim whether or not you actually claimed it without regard for whether you sprained your ankle in service or not. Why? Because there is a one year presumptive period for arthritis.
Anonymous

AOL

#3726 Mar 27, 2011
Al Buyno wrote:
<quoted text>
A MET score of 5 should rate a 60% rating back to April 2008. Sounds like the visit to the VA Dr. was a C&P exam for IHD. You can request a reconsideration based on his April 2008 MET results or you can file an NOD (Notice Of Disagreement) with new a material evidence. I would also suggest you contact the NVLSP about this as they are the ones overseeing how the VA is settling Nehmer claims.
http://www.nvlsp.org/Information/ArticleLibra...
Thank you Al
I made sure that the VA had all of his records from his doctors. I made a copy of all of them for my records. I trusted the VA dept. to send ALL of his records to the Nehmer Regional Office. They overlooked the most important part of them showing his METS as far back as 2003.
I would suggest that everyone of you make sure that the regional offices have ALL of your records. If you are not sure, you might need to contact the VA.
Joanie
treysnonna

Crestview, FL

#3727 Mar 27, 2011
tom great news. so you had a claim in for ihd and the aorta replacement too. was it that you had some calcification of the aorta or something like that. is that what you got the ihd for? my husband is doing better. he got of the oxygen about a week and half ago. he is still on coumadin. and doc wants to check see if he has pad. they never did figure out where the blood clots came from . the abdominal aorta did have some calcification in it. everything i have read says if you have calcification in the aorta you generally have conorary problems also. glad for you good luck and you and your wife enjoy life now/.

Since: Dec 10

Norcross, GA

#3728 Mar 28, 2011
Al Buyno, if the 800 number says to you, that you are still in the (decision phase), however your file has been sent for a review, means what exactly? The reaason I ask is because I was under the impression that a review is done when it went to the (notification phase.) Your thoughts would be appreciated. Thanks
Franco

Denver, CO

#3729 Mar 28, 2011
I'm expecting a decision on sick sinus syndrome with pacemaker. I have a 10% now for blood pressure. I've read pages and pages including comments and it appears to me that sick sinus syndrome with pacemaker has been rated 100% in almost every case I've read. I'm not holding anyones feet to the fire but should I expect a 100% decision or close to that? Vietnam Vet 69-70.
Bee

United States

#3730 Mar 28, 2011
jjmatej wrote:
<quoted text>
Bee, I have not heard of anyone getting compensation for IHD from the date of diagnosis. The VA will only grant compensation from the date of filing a claim. Is your claim an inferred claim. An inferred claim is one where you file a claim for another disease and they mention IHD within that claim. Have you filed for anything else besides IHD.
John
John....I did not see that WORD inferred on any of the paper work from the Nehmer lawyers but would assume that is what that is...we were told they already know it goes back to 2005 and might even before that being he had put a claim in for AO in the late 1980's and was denied....so they reseach that aspect of it and will notify us...he also has PTSD since 2005 so that might also play into it..trust me we were surprised to learn all this too...the VA actually initiated this on their own after the first of the year when they thought they found this mistake...thats all we know but will keep posted with any updates.
Jeff

Barberton, OH

#3731 Mar 28, 2011
Has anyone seen Rob on here lately?
Buckscrape

Gardner, MA

#3732 Mar 28, 2011
Help I asked this earlier and got no response!

I was awarded 30% for IHD as I had a METS of 5.7 but looking at my latest report on an ECG performed on 3/10/11 the results of which are attached should I and if so how do I apply for an additional award based on the heart attack what are your thoughts,

ELECTROCARDIOGRAM PERFORMED ON: 03/10/11 07:05:08
Sinus bradycardia. Leftward axis. Inferior myocardial infarction of indeterminate age. Early R wave transition. Compared to the previous tracing of 7-24-04 there is no evidence of an acute lateral myocardial infarction. The
previously noted inferior T wve inversions have now been replaced by inferior Q waves consistent with a previous infarction. The ventricular rate is slower.

Thanks for everything you do!
tdm1947

Avon, OH

#3733 Mar 28, 2011
ChuckPie wrote:
<quoted text>My claim was a Nehmer and I did show up on e-benifits. With that being said my claim was at the Phoenix, AZ RO which is also a Nehmer office. If you open your Compensation & Pension Claims Status area, see if there is an open compensation in that area, if there is see if the claim date is your IHD claim date. If so click on the date, it will open and tell you what the claim is for. If that is your claim check what the status is by compairing it with the 4 stages(above) stage 1 is development etc. I hope this helps as I said my Nehmer claim was there although it did not say it was a Nehmer claim. GL Brother
Thanks Chuck and Tried. My Claim goes back. If they do it right They should go back to May 2000 when I had my MI. They stated on my letter that they can go back to the Claim Date or to the date when the most dibilitating occurred which would be May 2000, My MI. What ever they do i hope they do it, I do not want to be put in the appeals process again, Its been tooooo long, I want to put this to rest so I can go on with life and perhaps enjoy my retirement without worrying about these claims. Also, Hope I do not DIE before they decide one way or the other. Thanks for your help and answers. I appreciate it. It looks like allot of us are in the same boat on these things. Makes you kinda feel helpless at times. Thanks Again! Tom
George

United States

#3734 Mar 28, 2011
Al, Just a note to let you know that your advice was right on. I called the 800# for remibursement. Everyone was so helpful and than the local v.a. here in KC. All set up. Just wanted to say thanks for all of your help and that goes for everyone one.
Maverick

Albrightsville, PA

#3735 Mar 28, 2011
Had a triple bypass in 01. I submitted all the paperwork for an IHD claim, and recently had my C & P. My LVEF is either 18% or 30%, depending on which cardiologist reads it. I feel great for my age (70). My question is: Do they use the LVEF rating for compensation or will they assume I don't need compensation because I said I was feeling great?
liberty

United States

#3736 Mar 28, 2011
Maverick, your LVEF is what determines whether you get 100% or not. If your EF is 30 or below you will get 100%. If 31% to 50% your comp would be 60%. I would get with my Cardiologist before going to your C&P exam and discuss your EF with him. My Cardiologist said that EF's can vary throughout the day, from office to office , and in my case my thyroid function.(AND FOR ALL OF YOU WITH HEART PROBLEMS, BE SURE AND ALWAYS HAVE YOUR THYROID CHECKED. YOUR THYROID CAN REALLY EFFECT TO HEART FUNCTION). Either with 18% or 30%, it still equals 100%.
I have an AICD because of a low EF, and I'm feeling good too. A lot is a good mental attitude like yours.
jjmatej

Bremerton, WA

#3737 Mar 28, 2011
Maverick wrote:
Had a triple bypass in 01. I submitted all the paperwork for an IHD claim, and recently had my C & P. My LVEF is either 18% or 30%, depending on which cardiologist reads it. I feel great for my age (70). My question is: Do they use the LVEF rating for compensation or will they assume I don't need compensation because I said I was feeling great?
Maverick, per your LVEH of 18-30%, you should receive 100% compensation for IHD. The VA rates IHD per 38cfr Part 4. In your case it states:

Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent -100%

Your statement of feeling great should have an affect. But ordinarily it is not a good idea to say you are feeling great during a C & P exam.

John
jjmatej

Bremerton, WA

#3738 Mar 28, 2011
Maverick, I guess if your LVEH is right on 30%, you may receive 60% compensation instead of 100%.

John
OTHER BROTHER

Uniontown, PA

#3739 Mar 28, 2011
Maverick

Albrightsville, PA

#3740 Mar 28, 2011
Thanks to all who responded. Next time I won't be so optimistic when discussing how I feel at a C & P exam...lol. Good luck to all with your claims.

Since: Jan 09

Location hidden

#3741 Mar 28, 2011
3pete wrote:
Al Buyno, if the 800 number says to you, that you are still in the (decision phase), however your file has been sent for a review, means what exactly? The reaason I ask is because I was under the impression that a review is done when it went to the (notification phase.) Your thoughts would be appreciated. Thanks
3pete, after a decision is made on a claim it is reviewed for approval and if all is found to be ok it will be signed off and then notification to the veteran. Your getting close to the end.
treysnonna

Crestview, FL

#3742 Mar 28, 2011
how long after c&p do you usually hear something?

Since: Mar 08

Location hidden

#3743 Mar 28, 2011
Maverick wrote:
Had a triple bypass in 01. I submitted all the paperwork for an IHD claim, and recently had my C & P. My LVEF is either 18% or 30%, depending on which cardiologist reads it. I feel great for my age (70). My question is: Do they use the LVEF rating for compensation or will they assume I don't need compensation because I said I was feeling great?
Well telling a Dr. your feeling great when your in for a claim YES will hurt YOU! All of you what you say how you act is all put down on paper and sent to the VARO. ALL test are sent also with what the Dr's think and how you are doing!

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