Lee_USAF

That is where in my biggest obstacle lies. CAD was not addressed in my initial retirement exam. High cholesterol was not addressed. According to the rating subsection that covers high cholesterol, the Veteran must specfically address and request consideration for high cholesterol/lipd levels. Again, I remind you...I was totally unaware of any elevated lipid levels or cholesterol problems until my first exam by a cardiologist. I never saw a cardiologist while on active duty inspite of my repeated (and rather vehement at times) requests for the same. I was called on the carpet by the hospital administrator for my repeated visits and requests for consult to cardio and informed that my continuing to "waste the time of his medical staff" would result in his requesting my CO take non-judicial action against me. Even recommended my seeing a shrink.

I take it (Sorry but it's been over 16 years since I retired) "IMO" is Independent Medical Official, right? My cardiologist has given a medical opinion, as did two of the other civilian Cardiologist. All three stated it was their medical opinion that my cardiology problems were Mytral Valve Prolapse with Mytral and Tricuspid regurgitation. However, the "ejection fraction" is within normal, thus the VARO denied that part. I must add, theey accepted my "request to amend original rating from Cardiac Arythmia to MVP" was approved, but maintained at the original rating. Every BVA ruling I have researched (16) on MVP, CAD, Atheroscorlosis (sp), the verbiage for the diagnosis are very similar to my Cardiologist. I never saw a Cardiologist my entire 22 years in service. Was never told I had any problems until I begin having chest pains and palpitations. Repeated trips to clinic resulted in "You're overweight and out of shape." Changed my diet to poultry, fish and veggies, started running and returned to Martial Arts. Maintained my weight as previously stated until my kness got worse. My current appeal is already 3 years old and has sat in DRO office for almost 2 years (November 07) with no explanation. I've been to BVA before - took almost 5 years - and I am beginning to believe VA is waiting for me to die, thus my appeal becomes moot and my wife looses DIC because basis for my appeal, my CAD and MVP, are dropped due to my death. You people on here are super and I really appreciate your help and support. Wann represent me at St Petersburg VARO? I'm ready to fire the stupid NSO I have.

You're right on the "likely to have occurred in service as not", Berta. I have two BVA rulings on that where two noted Cardiologist stated "CAD is a progressive disease that does not happen overnight, rather is a long term process if not properly treated. One of these Cardologist is Chief of VA Cardiology at VA facility in one of the Carolinas. Another noted specialist that said the same, is a Coronor who made the ruling as CAD was a contibuting cause of death in a Veteran and AGAIN, the Board ruled in favor of the VET. St Petersburg Regional is not know for being compassionate in their rullings but is known for being overruled by the BOARD on better that 64% of their cases.

Sorry, Berta. My biggest problem...saying too much or not enough. From beginning (and short) Long history (20 years) of palpitations, shortness of breath and chest pain. Al Primary care docs say exercise needed. My walking around weight since 1980 has been 155 to 170 depending on if my knees allow exercise. Not lately, need knee replacement. Chest pains became more frequent, more intense until my wife took me to ER. They done a heart Cath and said to try meds first. 2nd cardiologiest said stents - I refused due to my research on mortality. 3rd cardiologist said YOU NEED STENTS or you will die in 3 to 5 years. Se cannot confirm how long I've had CAD, but based on degree, estimates while I was in service. Between my retirement (93) and my ER visit (2006) no treatment by Primary care...just told exercise and diet. Stents implanted Aug 08, talked with VSO and they had requested a Informal Conference...DRO never scheduled. The only time I can speak with anyone at RO is by submiting IRIS complaint and they call me with promises. I now have two letters going out today Cert mail to Regional Office Driector requesting the journal of my files since March 2007 claim filing and to my VSO REP for documentation of when they request Informal Conference. Told Director in letter I will file Writ of Mandamus if I am forced.

Berta, timeline of my initial claim: 1. Submitted claim 3 times to DAV Rep - finally given to VA TRIAGE on 3/27/07 2. 4/5/07 received VCAA and Autorization for release of medical evidence - sent along with 21-4142. Sent in anyway. 3. 6/7/07 Claim Denied - no service connection evidence 4. 6/9/07 sent NOD with statement "Have additional medical evidence to submit." 5. 7/1/07 Received SOC from RO - No mention of SMR showing Highly elevated Lipids an exam by physician having diagnosis of quote 'hypercholesterolemia and hyperlipdemia, overweight.' (5' 10" weighing 185#) I was never examined by a cardiologist or any other specialist. my basis for Bell v Derwinski. 6. Inadequate exam reason was my VSO rep said my SMRs were not provided to the examiner and he didn't know why I was there. 7. 8/12/07 Received notice from DRO of upholding denial and providing me VA FORM 9 and my timeline to submit or I could provide further data. 8. Submitted FORM 9 with reason for appeal - CUE reason gave date of entry in SMR of diagnosis for Service Connection. 9. 11/27/07 Received letter of Substantiated Appeal and that "Case file would be gathered along with submitted evidence for scheduling with BVA." Then got SSOC that was a regurgitation of the original denial. I'm about ready to fire the DAV here in St Petersburgdue to their attitude and lack of help. I guess it's that my disabilities are heart, knees and ears. I still have them but they don't work so well. I'm just trying to get what's due me and to take care of my wife when I kick the bucket in 3 - 5 years. Thanks people for your invaluable help!

Broncovet - Many thanks for your comment. I did file a NOD electing DRO option and stated in my NOD quote: "I have additional medical evidence to submit." I also alleged CUE under Bell v Derwinski (VCA 1985) and inadequate exam by the VA Medical(?) examiner. Finally in the oder you stated above, I did the following (kept a journal of all actions) 1. Call St Petersburg Regional office for status - Still in DRO 2. Called my VSO - waiting scheduling for travel board hearing. - She hung up on me(?) 3. Sent a total of 6 IRIS emails related to my appeal and for when I head a heart attack - 3 answered. Will send a 21-4142 requesting status in Cert Mail - Return Receipt. Not sure what a Writ of Mandamus is but will talked to my attorney. Difficult to find one locally (Tallahassee) that are versed in VA Law. MANY MANY Thanks everyone

Thanks for your very QUICK replies, Pete53, Berta and Clown Man. My Claim recieved by VA 3/27/07, C&P Exam 4/30/07 - examiner had no idea why I was there; claim denied 5/14/09; I sent NOD 5/21/09 stating "I have additional medical evidence to submit." (Though that was sufficient for conference according to DRO process procedures - NOT.) Asked my VSO and he said he would request an "Informal Conference" with the DRO if I had everything together." I did, and waited. 8/7/07 (7 days before my birthday,) received letter from DRO upholding original denial and a VA FORM 9 for appeal to BVA. Sent off the completed Form 9 and got a SSOC from DRO that was regurgitation of original denial. 11/11/07 got letter of "Substantiated Appeal" and a Supplemental-Supplemental-Supplemental Statement of the Case (Yep, that;s right a trrfecta Statement of the case) from Regional with forms for election of type of hearing and notice of waiver of 60 day waiting for further evidence, signed and sent in Certified Mail. Signed for 11/22/07. Like Red Buttons "Never got a dinner..." I never got an Informal Conference. Despite my insistents that I did not get an 'IC' their replies are "You never requested one." Seems my VSO cannot request one on my behalf. I have two "2 gigabyte thumb drives containing ONLY the data from and a journal of telephone conversations with VA and my VSO. Just my opinion (PLEASE) St Petersburg DAV's NSO have an attitude in helping Vietnam era vets with no visible wounds/injuries.

Allen, Me thinks I have been rubber-stamped as well. Almost verbatim on the de Novo Review decision as was in the original. Stinks, huh?

Filed claim in March 2009 - Denied; Submitted NOD electing de Novo review and had my DAV Rep request conference with DRO. Never got the conference and the original denial was upheld. Claim was for amendment of original rating of Cardiac Arythmia (PVC) to Mytral Valve Prolapse and service connection for Stenosis of 3 coronary arteries of 50 - 60 percent. Submitted VA FORM 9 and received letter "Substantiating" my appeal in November 2007. Hasn't moved since. Meanwhile, submitted additional medical evidence of Stent implants (2) in Aug 2007, and received Supplemental Statement of the Case (total of 1 form original AO and two from DRO.) No one can/will tell me why my case is still in DRO. AMC doesn't even know me, thus my appeal has not been sent there nor has the Board of Veteran Appeals received anything on my "Substantiated Appeal." Any ideas/suggestions?