My appeal was remanded on 2 Feb 2016 to St Petersburg RO. Does anyone have any idea how long this RO is taking to process remands. VLJ ordered that remand receive expeditious treatment at this point 8 months and counting. Is it feasible to file a Writ on Mandamus prior to one year?
I am working with a company that went through my service record and discovered that VA should have rated me for severe tricuspid regurgitation upon my initial evaluation when I exited the service so we put in for it and my claim is now in prep for decision. According to the company, this rating would fall under VASRD 7020. I was hoping someone here could validate is there best guess based on experience. Also, the CUE was denied, but the denial was not what I was requesting so I am still fighting that battle. I am not receiving nor have thought about applying for SSDI. Thank you very kindly and I look forward to your reply.
Did your "external cardiologist see any link between the TIAs and the heart condition?
Did he/she in anyway consider that you have Ischemic heart disease?
The TIAs could be due to atherosclerotic heart disease (ischemia)(clots from heart causing brain trauma TIAs) as well as due to the HBP. (often caused hemorrhagic TIAs and stroke)
I am not a doctor but familiar some with cardio/neuro stuff and I always want to make sure Vietnam incountry vets know of the 2010 Nehmer provisions regarding the 3 presumptives they added to the AO list in 2010.
" This has been going on for a decade and the local DRO has blatantly ignored 12 years of therapy and VA psych assessments which counter the one C&P doctor's 40min assessment. "
If you mean by "blatantly ignored", that the evidence (12 years of therapy which I assume included current med recs and maybe even the VA psyche assessment) and these were not listed as evidence nor mentioned in the decisions you received since filing this claim,it might be a CUE, but then again, you might need an IMO/IME to combat the lack of rating increase.I imagine you dont have much time left to even acquire an IMO, as far as a response period to this...? was it an SSOC? with a 30 day response period?
Have you checked the VA Schedule of Ratings here to make sure you definitely fall into a higher PTSD rating?
It would be worthwhile to see if the cardiologist would review the IMO/IME criteria here at hadit and state a brief medical rationale as to why the HBP is secondary to the PTSD...if in fact the medical evidence reveals that.
edited to add:
HBP granted as secondary to PTSD.......it shows how they weighed the evidence.
You mentioned cardiac specialists.....Do you have Ischemic Heart Disease? If so that is service connectable for incountry Vietnam vets due to the 2010 Nehmer Court Order.
Lots of info on that here in the AO forum
Why not ask a moderator here ( their emails are open I think) to consolidate your topics into one specific forum.....
You also had an additional question that appeared to be directed to me with an arrow >under a status thing in the right hand columns , but I guess that disappeared and I think it regarded the same question I answered here already..
This confusion happens once in a while when new members post the same issue in different forum areas here.