hypertension Heart Claim Cue ?

[doogie]

I got my first [pulmonary insuffiency] claim denial in 1984

Reason for denial was the VA says it was congenital.I have had 3 or four denials and , one rating denial.I have got disgusted me and dropped the claim 4 times because they always wanted more evidence which they had a pile already from hospitalization in 1966 to now from hospitals and doctors.

My GOD i was in the hospital 18 time in cardiac and stroke wards in 7 years

The last denial came a month ago when i wrote the VA and and respectfully requested that they provide me with clear and unmistakable evedince that it was congenital. tHEY IMEDIATLY GOT MY ORIGIONAL INDUCTION EXAM FROM THE RECORDS CENTER

the denial letter stated that there was some evidence i did not have a bicuspid valve and that was the reason i was denied saying it was congenital

and i was never given an exam by the VA

Well! yesterday i went and got a heart scan at my heart dr and the results are going to be mailed to me.

the heart dr told me that all my valves were there [including the one the VA said wasn't there] and there was no congenital problems with my heart.

He also told me that i do have HTN heart condition and the medicine he perscribed toprol is mainly perscribed for heart pressure and heart hypertension

should i use this as evidence also or file a separate claim?

This is really getting more confusing for me,

and i am waiting for rating decision for PTSD hopefully that will go well

Does anyone here think the congenital heart thingy could be a bonified cue claim>

THANK YOU VETERANS

[Philip Rogers]

I'd pursue it, if it were me.

pr

[Berta]

"the heart dr told me that all my valves were there [including the one the VA said wasn't there] and there was no congenital problems with my heart."

Would he be willing to provide you with an Independent Medical Opinion -using the IMO format here in our IMO forum-under "Getting an IMO"

to emphatically point this out to the VA using a full medical rationale?

"Does anyone here think the congenital heart thingy could be a bonified cue claim>"

I would file CUE on this one in a heart beat if I were you.

"tHEY IMEDIATLY GOT MY ORIGIONAL INDUCTION EXAM FROM THE RECORDS CENTER"

meaning they didnt have it when they first denied?????

If I were you I would ask them for a copy of your medical records and also your C file.

It is possible that they did not access all of your military records when they made the denial.

CUE must be based on a legal error.

Did they give you a NSC rating and a diagnostic code for the heart disease on the rating sheet?

The wrong Diagnostic code might set up the legal error.

"i was in the hospital 18 time in cardiac and stroke wards in 7 years" Did you claim stroke as secondary to the heart disease?

Are you an incountry Vietnam Vet?

Is this disabilty 'ischemic' heart disease?

[Berta]

To clarify- you can claim CUE on the 1984 claim decision and any other decisions that were unappealled.

"The last denial came a month ago when i wrote the VA and and respectfully requested that they provide me with clear and unmistakable evedince that it was congenital. tHEY IMEDIATLY GOT MY ORIGIONAL INDUCTION EXAM FROM THE RECORDS CENTER

the denial letter stated that there was some evidence i did not have a bicuspid valve and that was the reason i was denied saying it was congenital

and i was never given an exam by the VA"

On this decision you can ask them to CUE themselves!

It would be good to enclose with this ,a copy of the recent heart scan results (and hopefully an IMO from the heart doc that supports what he said.

"and i was never given an exam by the VA"

You could ask them what specofic cardio background and medical expertise the VA rater had that would support their lay and unsubstantiated opinion here.

I would send any responses on this Attention to: on the envelope and the response and then put the initials that appear in the VARO code at upper right hand corner of the decision.Those are the initials of whoever wrote the decision.

Do you have a vet rep?

[jbasser]

Doogie, you have a precedent setting case where the VA actually lied to you. now you have physical evidence that your heart is intact. We can advise you here on how to proceed but you are going to need strong help. You need to be speaking to an attorney because you have a strong legal case as well as some serious medical negligance that was done to you.

I would call Vetlawyers right now. This case most likely will result in attorney fees also being paid by the VA since it is so outrageous.

Next thing to do is write your story out and have it notarized by someone and send it to Readers Digest. Dont hold nothing back.

Also where did this crap take place? I want to avoid that facility at all cost.

J

[jbasser]

Doogie, in addition, if you have had other issues like CAD or blockages not associated to the now phantom bicuspid Valve then you are still able to claim the heart disease.

J

[doogie]

No i am waiting for a rating on PTSD which is included in my heart claim first, then i hope to have all my ducks in a row

so i can follow with a CUE request or a CUE claim appeal to follow a denial which would be my next step .

I hope the rating form comes through for viewing. i certainly don't understand it

No i am waiting for a rating on PTSD which is included in my heart claim first, then i hope to have all my ducks in a row

so i can follow with a CUE request or a CUE claim appeal to follow a denial which would be my next step .

I hope the rating form comes through for viewing. i certainly don't understand it

Edited November 3, 2010 by jbasser