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    • NOD / DRO or TARP?
      Have you googled the doctor who did the C & P? He/she might have no background at all in MH issues.      
    • NOD / DRO or TARP?
      Sometimes I think I have seen it all and then VA surprises me. This is a ridiculous decision. All I can think that happened was that they focused on the wrong thing as stressors.Not only is a TBI a stressor , but you have the CAR on your DD 214. I feel you should ask for a new C & P. The new 2010 PTSD regs focus on "fear of" and/or "close proximity to hostile activity". It is as likely as not you were in fear of and in close proximity to that activity. What did the C & P doc diagnose you with?    
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Great! If they do award on this info, then time to consider a 38 CFR 3.156 claim to gain more retro, on the 2014 denial.... Did both denials say the SMRS had been lost? Are you still employed ,with the 80%?
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      In my past threads i posted that in 2014 i put in a claim for hip pain, and after x-rays and C&P was denied service connection.I did not put in a NOD. Fast forward to 2016. Put in claim for hip pain secondary to knee, sacroiliac joint and back arthritis. Two weeks later BBE came. Denied service connection,states lost med records.  Well after some fuming i gathered my evidence in my copy of my service medical records and made an appointment with my VA PCP. I showed her where in 1984 a had a bad auto accident that involved my entire left side.  After showing this to her i explained that i was denied service connection for my hip and asked her if she would write me a statement explaining that this could have resulted in my hip pain.  She said no problem!!  WOW. Ok  Went on e-benifits this morning and low and behold here is the letter.....  to whom it may concern vetern ------ is DOB- -------, is under ,my care since June 2011. Review of record shows , vet had a MVA in 1984, while in service, that affected -------  his left side, left knee, left side of back , & hip, His hip pain has increased since then x ray shows degerative arthritis, which in my opinion is as likely as not is a result of trauma to his left side including hip in 2008 while in service if you have any question or concern, please feel free to contact me /es/ SAROJ B SHARMA MD STAFF PHYSICIAN Signed: 05/02/2016 16:35.  I think that this should be enough evidence to include my emergency record of the accident that they conveniently lost to RE-OPEN my 2014 claim for service connection of left hip.  What do you guys think?  I just wish that everyone of us vets had a great PCP like i do that actually cares for us vets and will go beyond what is required to help....    
    • CUE? Not using SMR?
      I love it AskNod. Thanks for the input!!! I will talk to him about it today. I do appreciate the time you all put in to give us advice. It's priceless. 
    • Temporary 100% post surgery/convalescense pay
      Whats up guys, hopefully someone out there can help me out here. Ok I had surgery on my right knee (service connected) on 4-13-16 at the VA hospital in Phoenix. I applied for convalescense pay the day before which was 4-12-16. My surgeon wrote a statemwnt saying I would be out of commission for 8-10 weeks or more if "desired strength in leg is not met" how long does the VA take to process something like this? And my understanding is the VA doesnt pro-rate meaning my convalescent start date is 5-1-16 and for 8 weeks will that be from 5-1-16 until 7-31-16? I currently am at 40% so i get $699.36/month. With convalescense do they pay 100% per month (in my case its $3187) or will they pay one lump sum for both months? Thank you     Quote   Edit
    • Ankylosing spondylitis. Rheumatologist diagnosis
      Hi all. Got a good one for you again. I saw my rheumatologist today and was diagnosed with Ankylosing spondylitis. It affect both my feet and my right hand. Apparently this condition is related to rheumatoid arthritis and when i start treatment i will have to take shots for the rest of my life. I just got low balled at 30% for bilateral plantar fascitis which i just found out is related to to ankylosing spondylitis. My question is do you think i should file a claim and will this get services connected??? So internet research i have seen said RA is easier to get service connected but this is another new road i must go down so i would apperciate some Knowledgable feedback. This condition also affect my neck and back and i did have some back issues in my service medical records. Thanks all and i look forward to youtlr replies. 
    • CUE? Not using SMR?
      What I see missing here is any mention of 38 CFR 1154(b) Combat enhancement. VA did not give  him enhanced credibility in 1983. In fact, they didn't even mention it which they would be required to discuss by law (and then discount as not being probative). That is CUE. VA is required to take any testimony about his feet in the combat environment as Gospel. It's clear they had the STRs when they made the 1983 decision. Presumption of Soundness at entry on the physical sets the injury metric.  If he had flat feet when he left, then it occurred in service -38 CFR 3.303(a). If he says he got flat feet and he has a PH and CIB, VA cannot argue otherwise. Having proved CUE, all he has to do is show that the error manifestly changed the outcome. The 2015 grant is proof of that. The only thing that could poke a hole in this balloon would be an unappealed BVA decision which would have rendered the subject closed. No appeal up to the BVA on any of those reopens following 1983 means a CUE  claim is still viable for 1983 as well as any follow on denials in the interim. Personally, I'd go for it. I'd get an atty. because it's going to be a cat fight for that many dineros. Sorry about that sugar. Your email didn't mention the medals and the CIB. That's a whole different ballgame. Anyone who would die in combat for their country gets a bye on their testimony as being credible without corroboration. 
    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  

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BUZZ

A O Symptoms

19 posts in this topic

Just went in the hospital and they found out that I have coronary artery disease also known as bradycardia ( slow heart rate) Should I file a claim for AO ?

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sorry I meant heart disease,not artery disease.

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3.309(e). Presumptive ao for heart:

Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina)

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Is Ischemic heart disease the same as Bradycardia

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CAD (coronary artery disease), IHD, and bradycardia can be related. CAD can cause IHD. High blood pressure can be related to both IHD and CAD.

Actually, cause and effect of these are intertwined. Bradycardia can be the result of a silent heart attack, or when it is very mild, normal under certain conditions. Since my at rest pulse rate is about 57, I technically have Bradycardia. It's really a minor issue, in comparison to other's, such as CAD.

CAD can be the direct cause of IHD. The big question is what is your left ventricle efficiency, since you do have evidence of damage to your heart.

An LVEF of less than 30% can result in a 100% schedular rating. I assume you fall under the A/O exposure rules.

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Hello Buzz,

First ,,, remember that for ANY terminology of CAD, IHD, or Atherosclerosis....They are one and the same. I have been diagnosed with each one but the VA and medical terminology will all come up the same. So if you have one .....sorry you got them all.

However you will try to use the IHD as it is presumptive to all AO veterans who have boots on the ground Vietnam. This does not apply to me because of my station and I am under Direct exposure of AO where it was widely used. Just as James Cripps one of our members in Fort Gordon Georgia won his AO award under direct exposure. And Kurt Priessman another one of our members who won his AO in Thailand , it is an example of how widespread the AO problem is . Please check our AO archives and read my post on Agent Orange Bases and see just how many there are and those not even listed by DOD list.

As Chuck pointed out ...your LVEF or infarction rate will need to be addressed to point you to the correct rating schedular percentage by VA. It will help if your Cardiologist or even your PCP Doctor can list you as IHD but you already have one diagnosis so see what that doctor will say. IMOs ,,,,will trigger your Benefit of a Doubt rule and the way to have IMOs written is on our site also. Above all , if you are just starting, be prepared for a long wait and battle ....but the main issue will and still is ............NEVER GIVE UP. ....God Bless, C.C.

Edited by Capt.Contaminate

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Just a little info to help you out, also check your Mets level!

(The regulation says 3 METs or less is 100%, more than 3 METs up to 5 METs is 60%, more than 5 METs up to 7 METs is 30%, etc.)

METS are (metabolic equivalent).

NJ

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Just a little info to help you out, also check your Mets level!

(The regulation says 3 METs or less is 100%, more than 3 METs up to 5 METs is 60%, more than 5 METs up to 7 METs is 30%, etc.)

METS are (metabolic equivalent).

NJ

METS level assignments can be very subjective, and may not agree with medical evidence. (especially when made at a VA C&P exam)

Private physicians are often uncomfortable with METS and another method used by many states in assigning handicap levels.

Actual medical test results are usually better. An example might be measurements of blood pressures, volumes etc. taken via a heart cath sensor.

Heart damage(IHD,etc) can change high blood pressure to a more normal pressure. One indicator of this possibility is a "slow" heartbeat.

The measured "pressure waves" inside the heart are a diagnostic tool that can be used to fairly accurately estimate total heart damage.

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Captain;

I'm under the impression that once you're granted exposure to AO if you have any of the diseases on the AO list you can be granted service connection for them. Nehmer only applies to the Vietnam vet with boots on the ground but the Dec 2011 C&P bulletin on the THailand Vets states that if a Thailand vet has been denied and he reopens his claim because he worked on or near the perimeter his eed will be the date of his original claim. The example given was that if the vet filled for DMII in 2006 and was denied if he reopens his claim in 2001 his effective date will be the date the VA received his denied claim in 2006. A vet in Michigan was recently granted service connection for DMII and he worked in the Autodin building on Camp Friendship, the Autodin building was about a hundred feet from the perimeter fence.

Rick

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METS level assignments can be very subjective, and may not agree with medical evidence. (especially when made at a VA C&P exam)

Private physicians are often uncomfortable with METS and another method used by many states in assigning handicap levels.

Actual medical test results are usually better. An example might be measurements of blood pressures, volumes etc. taken via a heart cath sensor.

Heart damage(IHD,etc) can change high blood pressure to a more normal pressure. One indicator of this possibility is a "slow" heartbeat.

The measured "pressure waves" inside the heart are a diagnostic tool that can be used to fairly accurately estimate total heart damage.

Chuck75,

I added that info based on my C&P exam the doc wrote 1-3 Mets with Chronic Angina and they awarded me 100% P&T with no further exams and yes it was service connected (CAD), I was rated 60% when first awarded and my Mets were 3-5, Just going by my Experience.

NJ

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If you can get the VA to do a CT scan of your legs or even a leg and it shows calcification that can lead to a heart disease DX. If you are a RVN vet that can lead to a SC rating. I know because I did it.

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Hello All,

John that is a very good point to bring up. Did you have any of the diseases also listed such as CAD, Athero, or IHD? It sounds like you did a backdoor approach to it and it worked for the rating and grant.

Computer Tech, Yes your right but unfortunately proving up an AO exposure is difficult outside of Vietnam . Yes Thailand and now Georgia, and Korea are seeing more grants thanks to James Cripps and Kurt Priessmans work , you will have to prove it up first and still must file a DIRECT exposure claim. If you try to use presumptive outside of Vietnam, it will get axed everytime. There is only one case that I can find of AO exposure from Alaska and it is the Haynes Pipeline corridor claim from Fort Greely. The DOD list is not complete and only about half of the bases in the U.S. and the World, ended up on the list to even try a presumptive fight or a direct exposure fight. Once again go look at the Agent Orange Category here at Hadit and see the bases all over the United States that sent personnel to the Mandatory Training Seminars in 1973 at Colorado Springs , Colo. I also broke the list down to show just how wide spread AO was even in North America. This is why our archives are so Valueable to each Veteran. It is also important to know that you do not ,,,I repeat do not have to have Perhiperal Neuropathy as secondary to DM11 like the VA states in its Presumptive list and 38 CFRs, before it will grant PN due to AO. I also have posted here in the Archives of 2 separate claims which won PN , Agent Orange exposures without any DM11 links. I am a Veteran with severe PN and no DM11 and am fighting the VA on AO with PN, IHD , Dry eyes appeals which will win eventually at BVA or CAVA. If I can prove exposure ....IF. Proving exposure needs much medical expertise, opinions and solid evidence that AO was used where the Veteran was stationed. As well as how the Veteran was exposed. Even though the discontinuence of AO was in 1975, the research clearly shows that AO may be active and threaten human life for decades. See James Cripps Work also from Dr. Arnold Schectters research as well as the Agent Orange section to see the BVA cases that I posted also in the AO archives.

I would also point out that DIRECT exposure will take much more time , evidence , medical opinions and a very strong chain linking all to it. However it will be, in the end ,the only way some of us can prove up our claims outside of Vietnam or a couple of the other areas listed. Once an area gets a Claims Awarded under Direct exposure then it opens the door for other Veterans. It will NEVER happen at the RO level and will take BVA at the least and probably the CAVA to win it properly. This is why my claim is so important for the other AO Alaska Veterans. My claim must set precedence. There is no denial of AO in Alaska period and DOD and VA know this , however their clock is ticking against them and they know that also. There is no other site which has more evidence on Agent Orange in Alaska that here at Hadit and I am posting new evidence when I get it just as I have for the last 5 years. I also urge other veterans to help post any evidence from anywhere concerning AO so that all Veterans may shut the door on the AO lie that has killed over 240000 vets and 300 per day. This lie must be brought to the eyes of not just America but to the World.

The Acute and Subacute points on the VA regulations concerning presumptive DM11 and PN awards are not to be followed in the DIRECT exposure issue. Though the VA rubber stamps this denial every time because a Veteran does not end up within 1 year of showing signs of DM11 or PN or 2 years for the subacute, it can be beaten in court and has with the 2 cases I have listed from the BVA.

Chuck brings up a very important point that METS levels are so broad and are not as good to use as the Infarction Rate numbers. Whenever possible I would always try and use the medical records which show most of the time a true infarction rate.

Ok ,,,, I hope this helps....

I hope that most importantly every Veteran remembers to ..........NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate

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Capt.

Yes, I say if you can't go in the front door try the window or backdoor to get SC. That is how I got HB and other stuff. Your doctor (PCP) can be your friend and if you know something about your regs and disease secondary problems such as all those to do with DMII I think you can go a long way. When the VA makes a condition presumptive they open the door for all secondary conditions and there are a ton of them for DMII.

John

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Capt.

Yes, I say if you can't go in the front door try the window or backdoor to get SC. That is how I got HB and other stuff. Your doctor (PCP) can be your friend and if you know something about your regs and disease secondary problems such as all those to do with DMII I think you can go a long way. When the VA makes a condition presumptive they open the door for all secondary conditions and there are a ton of them for DMII.

John

Sort of on and off topic at the same time!

I received an envelope the other day from the NVLSP. It contained a copy of the Nehmer review decision. The decision was correct in the overall EDD date, and award for IHD, but obviously erred in some secondary decisions.

One was a later EDD assigned than the overall EDD, even though evidence showed treatment well before the overall EDD (set by claim date). Another decision used current law instead of the law that was in place on and well after the overall EDD. This resulted in 0% rating instead of 10% for the secondary.

When queried, the NVLSP stated that they did not have the time or manpower to deal with secondaries, and were just concentrating on IHD awards.

So, if you have secondary conditions related to IHD, don't depend on the NVLSP to help when/if the VA does not properly deal with them..

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Hello John and Chuck,

John your thoughts on this and what you did are very similiar to mine. I also had several Doctors including VA who did not know the regulations but understood the diseases. It did help the Doctors to know and they were more than helpful after I showed them the regulations and the proper way to address my issues. Secondary issues are always going to be an issue for any service connected Veteran. Most Veterans do not understand this and never press the issue. Thanks for your thoughts on this.

Chuck ,,, I could understand the NVLSP and their lack of manpower on the secondaries. It looks like the folks here at Hadit are going to have to fill in the gap .................................. like they usually do. Thank you Chuck .

NEVER GIVE UP. God Bless, C.C.

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diagnose with Coronary atherosclerosis of native coronary vessel

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Buzz

That condition of yours is presumptive on its own if you were "boots on the ground" RVN vet. How did you find out about it?

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John I WAS IN VIET NAM 68-69,HAD TEST IN THE HOSPITAL TO FIND OUT MY CONDITION

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