Thanks To Everyone!

[bm6546]

Thank you everyone, Commander Bob 92, disabledveteran, Carlie and J Basser,

RATING DECISION

D. In view of the length of service and worsening of the condition, aggravation is

conceaded.

7013

1. SC 38 USC 331 (Aggr. PTE)

10% from 11/26/66

PAROXYSMAL ATRIAL TACHYCARDIA

10. Not entitled 38 USC 336

I went to a C&P exam on 12-12-67 for evaluation.

"PT says while in service he had episodes of palpitation following inspection, with fainting and ended up in sick bay. He then began to have palpitation with some pains in mid sternal area following exertion, drills, and at times even when resting. The spells of palpitation may last from 5 to 20 minutes now, and in recent months has had 6 episodes, the last one 3 - 4 days ago. He has learned to lean forward with head between knees, and take deep breaths and this at times shortens the interval and length of attack. He is working now, gets the episodes at work, but continues working, after they subside."

Tachycardia not elicited at this examination."

RATING DECISION 2-5-68

J. Cited examination.

I. Evaluation of SC tachycardia.

F. Cited exam discloses the veteran is steadily employed but

complains of occasional dizziness, a heavy feeling in the chest and that

his heart flutters. Blood pressure was 120/68, 130/64, 103/70 and there is

no precordial thrust, no enlargement to percussion. Heart sounds are

regular, there is a soft, systolic murmur at the apex with no radiation, no

thrill and a rate of 78 to 80. EKG is normal.

D. Current examination does not disclose a compensable condition.

Rating of 3-3-67 amended as follows:

1. SC 38 USC 331 & 310 (Agg. PTE; VE from 10-1-67)

10% from 11-26-66

0% from 5-1-68

PAROXYSMAL ATRIAL TACHYCARDIA

10 Not entitled --38 USC 336

Basically, they gave me the 10% for a little over 1 year and then took the 10% away and my condition did not change, in fact it got worse. I am not sure why they took it away. Did they have a valid reason or should they have left it alone.

I also now have CAD for almost 3 years and have filed a claim trying to link the 2 heart conditions.

So what does everybody think? Should I try to pursue this, let it go, file a CUE, hire a lawyer? Any suggestions would be very much appreciated. Thank you in advance, Brian

[jbasser]

Are you rated under code 7010?

1. SC 38 USC 331 & 310 (Agg. PTE; VE from 10-1-67)

10% from 11-26-66

0% from 5-1-68

PAROXYSMAL ATRIAL TACHYCARDIA

10 Not entitled --38 USC 336

This is just great, You got the old screwing from the section that says reserved in the regs.

According to the rating criteria if you had episodes of tachycardia then it is 10 percent and it dont matter if you worked or not.

Get on the VA webiste and start looking at BVA CUES for the same thing. I am sure there out there. Look at the CAVC.

J

Edited December 8, 2008 by jbasser

[purple]

Have you been steadily receiving treatment for the first condition since it first began (was it 1966)?

Will your cardio-doc say that the 2 conditions are related?

Just from reading what was there...(and I'm no doc...just have a cardiac hx of my own) I'm guessing that they took away your rating because you were able to get rid of your symptoms on your own (placing your head between your knees, etc) and didn't require medication. Plus they couldn't duplicate the condition upon exam. But that's a huge guess on my part...

[jbasser]

Purple, he was DX in service adn the VA lowered it less than a year later. However, I cannot find a change in the regs that would support a zero percent as there is none. 10 is the minimum.

All he has to do is a little research.

J

[Wings]

x

x

x

Sec. 4.104 Schedule of ratings--cardiovascular system.

7010 Supraventricular arrhythmias:

Paroxysmal atrial fibrillation or other supraventricular tachycardia, with more than four episodes per year documented by ECG or Holter monitor............. 30%

Permanent atrial fibrillation (lone atrial fibrillation), or one to four episodes per year of paroxysmal atrial fibrillation or other supraventricular tachycardia documented by ECG or Holter monitor ................. 10%

[Wings]

x

x

x

I think I might have found Clear and Unmistakable Error (CUE), 38 USC 5109A.

When you were service-connected in 1966, Diagnostic Code (DC) 7013 was used for paroxysmal atrial tachycardia (PAT). Chances are good, that you were rated under DC 7103 for 20 years; furthermore, since you have been service-connected for this heart condition for more than 20 years, you're service-connection is "protected" and may NEVER be severed.

At that VA C&P Exam, in 1968, I highly suspect that DC Code 7013 criteria would have required that VA Examiner to "elicit" Tachycardia during the Examination itself.

In all likelihood, you probably met the DC criteria for at least 10% comp.

That 1968 Examiner stated, "The spells of palpitation may last from 5 to 20 minutes now, and in recent months has had 6 episodes, the last one 3 - 4 days ago. He has learned to lean forward with head between knees, and take deep breaths and this at times shortens the interval and length of attack. He is working now, gets the episodes at work, but continues working, after they subside."

I do not have a copy of that old DC 7013. I do know that it was Removed January 12, 1998, and replaced with DC 7010. See http://cryptome.info/va032007.htm.

Current DC 7010 requires an objective measurement with EKG's or Haltor Monitor; whereas, that historical DC 7013 probably would not have asked for this strict criteria.

The regulations for the evaluation of disabilities of the cardiovascular system were revised, effective January 12, 1998. Therefore, the criteria that are more advantageous to the veteran must be applied. Karnas v. Derwinski, 1 Vet.

App. 308 (1991). The revised regulations no longer contain a DC applicable to

paroxysmal tachycardia. Under the revised regulations, PAT is rated by analogy to

sustained ventricular arrhythmias under 38 C.F.R. § 4.104, DC 7011 or by analogy to supraventricular arrhythmias under 38 C.F.R. § 4.104, DC 7010.

You need to get a copy of the 1966-68, 38 CFR 4.104, Diagnostic Code 7013.

I'll see if I can find it online, or find a source where you can obtain it. If my intuition is correct, the VA may owe you many, many years of compensation. Let's hope so. ~Wings

[bm6546]

Wings,

WOW, that would be great if you can prove CUE. That would really help me out. Maybe somebody else will jump in and tell us how they think.

Thank you very much,

Brian