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About dkemp

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    E-3 Seaman

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  • Service Connected Disability
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  1. dkemp

    Agent Orange letter

    Sorry about the confusion.I don't have his records and I am working off past information given to me by my brother. He was service connected for heart related condition. I am not sure how he got AO certified but I do know he was denied service connection for non Hodgkin's Lymphoma after he was certified. My understanding is the VA told him that there was a lawsuit that tied up the AO claims and his could not be decided until the suit was settled. He never set foot in Vietnam and his ship was not on the list. He was just off the coast of some river there in Vietnam waters. As I mentioned he passed away in 2011 from Leukemia. As far as I know no further information was ever sent to him about his appeal. His spouse does not want to pursue this but I am looking into this for his daughter.
  2. dkemp

    Agent Orange letter

    I have several questions I hope someone can help me sort through to determine if I should follow up, related to AO. My brother served twelve years in the Navy serving aboard several ships, including several months just of the coast of Vietnam. He left as a first class MM, who worked in the bilges of the ship. Mid 90's he was diagnosed with lymphoma and under went chemo and remission for several years. Early 2000's again diagnosed with cancer and filed AO claim with the VA and was denied because they said he was not exposed and didn't set foot in Vietnam. The VA certified him AO connected but then denied his NOD and appeal. Later told him they could do nothing since his claim was tied up in a court claim. This went on for several years, then unfortunately the cancer got him and he died in 2011. His spouse filed for DIC which was approved. My question is could his spouse or children file for VA claims or back pay to early 2000's under Nehmer.
  3. Berta, I am not sure what criteria they used. I just know when I enlisted I had above average hearing. So mush so that I was selected for a position that required better than average hearing. When I got out the hearing tech wrote on my discharge medical that I had defective hearing. I did not find this out until 2012 when I filed for IU and requested my medical records and C file. That is what made me so mad at the VA rep around 1974 when I went to file a loss of hearing claim. He told me then that my medical records probably could not be found and I would not prevail on the claim. Of course this is my fault also, I should have followed up but I was young and didn't. It was in my medical records all those years and I could have been drawing something all along.
  4. Latzaspotz, After reading the responses here and further research on Hadit, I am inclined to agree with you. Gastone, I will follow up with more research on smc but honestly don't feel I have reached that point yet. I will probably file for the depression related to my hearing and hope it will be rated enough to reach 100% scheduler. Again, thanks to all for your opinions and information.
  5. Thank you all for the responses and info. I guess I am not making myself real clear but will try to answer. Prior to 1995 I had no health concerns at all. My hearing problems began with my employer in 1992. Beginning 1992 I had anger and depression followed by high blood pressure and first signs of heart related diseases and blockages. Progressively worse until my early retirement in 2000. Filed my first claim and joined the VA system in 2001 after medical termination due to hearing. VA doctors at that time were made aware of my medical history and began receiving all heart meds and depression meds from VA. From 2001 to 2006 VA diagnosed sleep apnea(2004 app.), and heart caths, stroke, two heart attacks, plus heart surgery in 2006. The heart surgery was three days after my heart attack while I was at Overton Brooks. They had to wait until I was stable before moving me to LSU Medical Center for surgery and I was on some kind of life support to keep me alive. All of my heart related treatments have been done by private doctors. The only heart related procedure by VA was a stress test by Overton Brooks about six months before my surgery. From 2001 until 2006 is the majority of heart treatments and surgery. During that time 12 stents were added, two heart attacks, one stroke, heart surgery and sleep apnea. My diabetes was diagnosed in 2014 by my VA primary doctor here in Texas. So in summary I have had depression and heart related diseases since 1992, after employer problems, related to my hearing loss. Everything else diagnosed after all of this. One thing I haven't touched on is the ear surgery. I am not sure but I think I had to get clearance with my private heart doctor for the VA to do the surgery. Not sure if this is correct but I had to do this recently with knee surgery that I had. I know at present time the growth on my ear has returned and the VA is not wanting to do the surgery because of my heart. Also, I never was in Vietnam or aboard ship while in the Navy. I was in Aviation who frew aircrew. On a side note, Lotzaspotz, I am a native of Louisiana with family still in Monroe and Northwest Louisiana. I travel frequently back to Louisiana from Texas. I am not housebound because of my hearing but even with hearing aids it is difficult, plus I don't like getting out among people. Home is my comfort zone unless it is with family.
  6. Thank you. It was implied that my medical records may have burned up in the St. Lewis fire but no one ever checked. Just said I probably wouldn't prevail on a hearing claim and that was all. Presently I am service connected for bilateral hearing loss at 80% and Tinnitus at 10%. I have never been exposed to AO as far as I know and up until 2001 when I prevailed on my claim all of my hearing aids I paid for. There is written records of my complaining that my depression was because of my hearing loss that caused job demotion, and loss of income. In fact I tried VA Vocation rehab which I had to terminate due to medical issues and depression. The VA doctors have never ask me to see anyone for depression. They just prescribed medication. I did not get into the VA system until just before I filed my claim in 2001. I have never filed a WC claim for hearing loss but did file a civil violation of my rights in Florida and prevailed on that around 1994. It was job related and all because of my hearing loss. I went through several years of deep depression and only improved after I took an early retirement and moved back to my home state of Louisiana in 2000. I still have issues to this day but still only take medicine. My ear surgery, done at VA Medical Center in Shreveport, La. , was due to a growth on my right ear drum. I was in recovery when I had the heart attack. Would have died if not in the hospital at the time but cath lab found five blockages so by-pass was done two days later at State Hospital near by. VA was aware of my heart condition. In fact all of my heart medicine was issued by the VA. I applied for Social Security I think in 2002 and was able to draw early total disability until I turned 65. The only thing I have for sleep apnea is the Cpap and I have been diagnosed with both kinds of SA by the VA. I will take a look at secondary effects and thank you for your help.
  7. I am trying to determine if I should have claimed several health issues years ago or if I can claim as secondary. Best way I know howI to explain this is chronologically and then answer any questions someone may have. I server in the US Navy and had hearing loss when I was discharged in 1966. In the early 70's I went to my local VA Service rep to file a claim for hearing loss and was told they probably would not be able to find my service records so a hearing loss would not prevail. In 1980 I began wearing a single hearing aid. I worked in Law Enforcement from 1969 until retirement in November 2000. In 1992 I began wearing hearing aids for both ears while working for a LE agency as a Narcotics Detective. Because of my hearing loss I was demoted and transferred to a civilian position. I became very depressed and angry and as a result was required to see two different psychiatrist weekly for fix months. Medication was prescribed for depression and I continued to take depression medicine until this day. I was very healthy until that time and walked several miles a day with no hospitalization since I was a child. I also began to have heart related problems which included angina, high blood pressure and shortness of breath. I was forced to file suit to get my detective status and benefits back and prevailed in court. All of the medical conditions are well documented. All of my medical problems continued until I took an early retirement. November 2000 I took an early retirement primarily because of the depression and pressure of having to take my employer to court to retain my previous status as a deputy. Just prior to my retirement I had two stents placed in my heart to relieve blockages. November 2000, after retiring I moved back to my home state and took a part time job with the US Marshals Service as a Federal Court Bailiff. All of my medical conditions were disclosed to my employer prior to retiring and taking this job. Six months into the job the US Marshals Service medically terminate me due to my hearing loss. 2001 to 2013 In 2001 I filed my first claim with the VA. I was service connected for my hearing. loss and awarded 20% bilateral and 10% for tinnitus. Since that date up to 2013 through additional claims that has risen to 80% bilateral and 10% tinnitus. In 2013 I was awarded 100% TDIU. Since my hearing related medical termination in 2001 I have added thirteen more stints in my heart, two heart attacks, one in 2004 and another in 2006 when I woke up in the recovery at VA hospital after undergoing ear surgery. That heart attack was immediately followed by quadruple by pass. In addition in 2004 I had a stroke effecting my left side leaving some loss of strength and numbness. VA doctors also found that I had sleep apnea and issued me a cpap during this time period. Loss of sleep began back when I first started my medical problems in 1992. This is just the high points and I will be happy to answer any questions anyone may have. I still take medicine for depression which I have always received from the VA. I am trying to get rated for 100% schedular. It is much more likely that I will die from a heart related problem. It is not likely that I will die from hearing loss. I would not be looking into this if I didn't believe my hearing loss instigated the other problems or at least aggravated them. I am blessed for the ratings I have now and so not take that lightly. At times I feel guilty even though I have gone through some hard times. I see others who are as deserving and don't have what I have at this point. I appreciate any advice offered and thank you in advanced. i
  8. I am presently service connected for Tinnitus 10 % ; Bilateral Hearing Loss 80 % and TDIU 100 % P&T. Without going into a lot of discussion this was attained from 2001 through 2013. I am considering filing a claim for Heart Disease, Sleep Apnea, Hypertension, and Depression/PTSD. I feel if any of these claims prevail it will have to be secondary to my service connected hearing loss and loss of employment. I will try to explain this without having to write a book someone can give me some advice. My service connection disability had never been a factor for me until I was 48 years old and after working twenty two years in my chosen profession in law enforcement. I had never filed a claim for hearing loss mainly because my VA service rep twenty something years earlier told me they probably wouldn't be able to find my medical records and I wouldn't prevail. In 1992 at age 48 my agency demoted me, cut my salary, loss of other benefits and threaten to fire me due to my loss of hearing. I had just started wearing hearing aids so it made the hearing disability obvious. After this happened I became depressed, angry and still depressed to this day. I was ordered to see different psychologist and had to undergo weekly visits for six months. In addition I began to have hypertension problems, chest pain and marital problems. Priver or to the action related to my hearing I had never been treated for any of these problems and no hospitalization of any kind since I was very young. Before all of this I still was walking several miles a day and in excellent health. I ended up having to file suit to get my benefits back and prevailed in that regard. I have taken medicine for depression since 1992 and finally took an early retirement in November 2000 and moved back to my home state. I retired with two stents in my heart, high blood pressure, depression and frequent angina. I took a part time job as a US Marshal working in a federal court in my home state. Six months into the job I was medically terminated due to my hearing loss. In 2001 I filed my first VA claim for hearing loss. I was granted service connection with increases up until 2013 when I was granted TDIU. I had tried two different times for TDIU prior to 2013 and was denied. My depression is documented by VA medical records. Since 2001 VA has diagnosed seep apnea and issued me CPAP. I take VA prescribed meds for depression. In addition I have 15 stents in my heart, two heart attacks and quadruple by pass surgery after having a heart attack at VA medical facility in 2004. Sorry this is so long but is there anything secondary or otherwise I can hang my hat on in this information. I know I am blessed to have the TDIU but feel my heart condition and depression are both related in the chain of events over the years. I know I am not likely to die from hearing impairment but surely the heart disease will prevail.
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