Back claim for Ischemic Heart Disease

Jim,

Back in early March I tripped over an article on the VA now accepting claims for Ischemic Heart Disease under the Agent Orange qualifier. I had bypass surgery in 1981 and never knew that it was related to AO. I served in Vietnam for a year, Jan. 1966 to Feb 1967. I filed under the Fast Track claims on March 27 2013. I would like to know why there was no notifications about this being added to the list of eligible claims sent out to veterans. Now I read that my compensation is only going to paid from my filing date. I've been dealing with this condition for over thirty years and this is what I get?

Before you ask, or tell me, I should have submitted a claim back in the 80's, what would ever lead me to believe it was caused by AO? Where was the VA with information on this? I've also just been informed that when Fast Track shutdown, back in September I believe, they were sending my records to the Buffalo NY regional VA and my records for filing were lost. They can't find any record of my filing. I sent them emails I had saved so they have said that I still have to resubmit EVERYTHING again (including my Cardiologists report/questionnaire, that was quite lengthy. I have told him, my Dr., about this and he will gladly help me out. Dear Man! How can I get my compensation payments retroactive to my 1st bypass? I've had two stent prodecures in the past 7 years as well, the most recent being in Sep, 2013.

Last thing, I was working as a team leader on shift work at the time of the initial heart problem and subsequent surgery. I lost 8 months of work, compensated at the time for 6 months of full pay, before being put on LTD for 2 months, which was 50% pay, lost 8 months of seniority, and was mdically restricted from any shift work for the rest of my time at work. That restriction cost me at least 35% in pay, as well as falling off the 'fast track' (familiar words!) as I had been promoted to my position in less than two yers and had been receiving double raises every 6 months. I was flying! For two years I received no raises, and was lucky to get 3 promotions over the next 19 years, after having had 4 promotions in the less than 5 years before the IHD problems.

Do I submit this information to the VA? Will they care?

I'm hoping you can give me advice about these things. I have tried finding info on the net and through the VA web sites but to no avail. I thank you for being out there helping us all.

/S/

Respectfully,

Another Vietnam Veteran With Ischemic Heart Disease

Reply:

No, the VA will not care. Filing claims, effective dates and ratings are a matter of law. VA will attempt to follow the law to the letter to the benefit of the VA. There is no room for anyone at VA to deviate from the law in your favor.

Many Vietnam veterans who suffered heart disease did file claims back then. They were routinely denied but they persisted in saying that their heart disease was associated with exposure to agent orange. The veterans who did file claims in the 80's, 90's and beyond have been compensated back to the dates of those claims.

Click Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure for more intel on that topic.

If you didn't file a claim, or unless you have some infrequent circumstance, the law is clear...your effective date is the date you filed a claim, not the date of the onset of the disease.

VA isn't required to attempt to personally notify every veteran who may be eligible to file a claim. VA has a very aggressive public relations group that issues press releases and so on.

Many veterans stay on top of such things, others don't. I can't explain why.

That your paperwork was lost is pretty routine. VA is operating in total chaos today. It is a badly broken organization and it won't improve anytime soon. I keep up with VA here www.vawatchdog.org I also provide a lot of information about the claims process at that site. I'm currently redesigning www.jimstrickland912.com and you'll find more intel about VA benefits there.

You have no choice but to resubmit your claim. I advise against calling the toll free number that VA provides. It goes to a call center, not a real VA facility. The information you hear at that number is not at all reliable.

I wish I had better news for you. However, with the information you've provided me, I see no path for you to collect any benefit beyond the effective date of filing your claim.