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mountain tyme
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Posts posted by mountain tyme
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wow...All I have to add is this...My husband filed for an increase on two serviced connected disabilities in 2008, at the time he added a new claim concerning a heart condition, we pulled all the service military records that pretained to his new disability, then all the records that pretained to the progession and a doctor's letter that connected his current condition to the condition that began during military service along with all lab results ecograms ect...that was in 2008 that was all submitted with doctor release forms ect. to make the VA rater job easier...well yesterday my husband finally went to the c/p...only to be told by the doctor that he hadn;t even reviewed any of the medical records...imagin that...then proceeded to ask if we knew where in the medical records he can find information relating to the claim...if I would have known we needed to bring a case file with us I would have gladly done so...lesson is...bring everything to the c/p all medical records. exrays, lab results...and if they let you your doctor! after 4 years of waiting...and on top of that for one of the conditions that was just for an increase...we did bring a copy of the doctor's medical report that stated that due to the progression and that all medical opitions have been exhusted that he highly recommends that Mr. xxxxxxx retires due to his physical restrictions. I told the C/P doctor he could keep that copy he told me he couldn't and that I would have to submit the doctor report to the VA so it could be placed in his records....frustrating needless to say...but as I told my husband if they deny his claim or low ball it...he now can go back and put in for 100% unemployable...since he can no longer work....I know the VA is overwhelmed....but so are the veterans....it is too bad the VA just can't farm out the Veterans to have C/P done. As they are now doing at some with Free basing out veterans for dental and other conditions like ear and eye examines and go by there determinations...jmho
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Hello...it has been a while since I have asked a question...but here goes...yesterday My husband had finally made it to a c/p after waiting 4 years ...when we arrived at the Va hospital I was surprised that the doctor asked me to come along...MY Husbands c/p was for his back, heart, and headaches...he is already connected for his back and Migraine headaches so the c/p was for an increase of those two ...the heart condition was new...even though when he retired it was mentioned in the VA claim sheet he filled out during his out processing...they did say he had a afib but they felt it was transit and did not give a rating at that time...
but since then he has had to have a pacemaker put in...so here is the crux of the question...His doctor wrote in his progress notes...after reviewing His service Medical records and the report from the hospital that He was life flighted to from the base we were stationed at...that were part of his military service record...he noted that at the time back in 89 it was at the request of the base doctor that they not do an heart cath to see if there was any blockage...and that the base would do it at another time...he was already to go in for the procedure he was prepped ect. and was then told by the cardiologist at the local medical center that he needed it done to rule out any conditions that would call the afrib...to make a long story short...zoom to 2011 his cardiologist who performed his pace maker surgery stated in his records...that he had sleep apnea back in the 80's that went undiagnosed and untreated...causing the afib to manifest resulting in his need to have a pace maker today...if the base hospital would have let the local medical center run the correct e testing due to an abnormal J finding back then...he could have received the proper medical treatment ....when we asked the CP doctor if he read our current Cardiologist doctor notes''' He C/P examiner said he hasn't looked at any of my husband’s medical records and asked up if we had any copies of tom's medical records or doctors notes...which we did not bring...I told the doctor the name of my husbands cardiologist and a general date that so he could find the note also we did bring along one record that was a year old...even though a copy was sent to my husband va doctor at the local clinic I wanted to make sure the C/p doctor would also see it just in case...this letter stated from a consult that the VA clinic doctor had requested done for my husband’s back at a well respected rehabilitation center...the doctor put in writing that my husband due to the progression and severity of his DDD that he recommended that my husband retired soon very soon. That was a year ago and as of 21 of this Month my husband has put in his retirement paperwork because he can no longer do his job...last week his right leg went numb and if it wasn't for the harness he would of feel 30 feet to the ground from the aircraft he was working on...my husband is retired military who has for the last 10 years continued to work in his field but no longer can do to his DDD and other service connected issues...
I told the doctor to keep that medical record regarding for my husband’s need to retire and he said he couldn't that we would have to submit it though the VA to have it put in the VA medical records...even though a copy was sent to the VA clinic doctor who requested the exam to begin with...
so... the question is....are you suppose to bring all records to a c/p or not he has another one Friday...or is this just a fluke and it is just this cp doctor who doesn't review the medical records.... what should we do now
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There is another thing about having a doctor state he has reviewed the vet's SMR's. You better actually have a copy of your SMR's in your possession. The VA can get picky and claim that unless you can prove you have a copy of C-File, SMR's etc that you don't actually have them.
Hello John...yes the vet does have a copy of his SMR that he received when he retired...and His wife said that the doctor who wrote the report still has a copy of his SMR plus all records after he retired that they have placed in his medical records in his office...the only thing I wish his doctor did would have stated he reviewed them, I asked them to contact the doctor and see if he would rewrite his report and be more sufficient as to dates and state he read johns medical SMR...she said she does not know if he will...because his nurse said he does not normally do this type of review but he (doctor) believes that his condition began in the military and that is why he wrote what he did...still the VA is the VA.
thank you for your insight...MT
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Just to clarify. I am familar with cases that were awarded for sleep apnea based on less evidence than what you added to the file since the prior denial. I am assuming the buddy letters were added after the previous denial. The letter from the doctor should be considered new and material. The buddy letters should be sufficient without the letter from the doctor to make the initial sleep apnea claim. However, do not be surprised if they pick it apart at the RO. If so, then you might have to get the doctor to be more specific as to the manner in how his determination was made.
When I filed my angioedema claim the law was quite different and I was required to show an inservice diagnosis, post service diagnosis and a nexus prior to the VA's duty to develop the claim was applicable. I got a letter from the head of immunology at a VA hospital who had been there for thirty years and performed C&P exams. I thought the letter was a slam dunk. It was denied by he RO stating the examiner did not read one medical report that was in the file. The report the doctor did not read was completely irrelevant. Also they claimed that the the doctor based his determination on my subjective statements. The doctor clearly stated that he made the determination based on the results of numerous blood studies. I was awarded by a DRO after pointing out that the doctor made his determination based on blood studies and that the report he did not read was for a different and unrelated condition.
Good Morning Ho2py...actual the buddy statements were part of the original claim I believe there 5 from veterans who where stationed with him in which one was a room mate and the other was his supervisor who was stationed with him on two different tours. The other 3 were also living in the dorms with him who could hear him sorning...the other one was from his wife and the other his eldest son who is also in the military at this time. The VA denied the claim because there was no diagnosis in his SMR....I think the vet is honest and I feel for him but as I told him that I have viewed some claims that the veteran medical records were quite clear that they had a condition and were still denied...it is not an easy process and dealing with the VA you have to have patience and determination...and a VALID claim. I think his claim is valid just not strong. Thank you so much for your insight.
God Speed MT
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You can always ask to reopen (reconsider) a claim based upon new and material evidence.
If you can show that the VA failed to properly consider and/or ignored material evidence, and that evidence would likely have resulted in an outcome different than denial, you may have a basis of a "CUE" claim, which would take the claim back to the original date.
CUE claims are difficult to win, and I'd suggest that a lawyer's help be seriously considered.
Hello Chuck...and thank you for your reply....so based on there doctor report he received last week he could go back and ask for a re-open to his denied claims. I thought the same thing regarding the CUE based on the denial of the HTN being that two different doctors at two different bases one actually putting HTN? requesting a 5 day b/p check and the other doctor based on the b/p reading also requested a 5 day check then when checking though the service medical records there was no check noted, and after John contacted the RO office asking if they could send them a copy of the 5 day checks he never heard a response. I told him since he received his medical records when he retired (had a copy from the base he retired from) that maybe what he needs to do is request a copy of his medical records from St. Louis to see if the copy the VA has is different from the copies he was given at discharge. And if the records are the same and do not reflect that a 5 day check was ever done then I believe there would be a CUE, because then the VA based there denial on tests that were never run in the first place and since two separate doctors suspected HTN by even requesting the tests to be done say's a lot. or at least the benefit of the doubt should lean towards the veteran favor. I tend to believe he did have the sleep apnea and HTN based on just the frequency of the headache complaints were overwhelming and he would have them when he would wake up in the morning and then of course the fatigue and the number of times in his records that it was recorded that he felt weak and faint and if a b/p was taken it would run 135/96 reading like that. But I told him the Va is swamped with claims and they don't have enough staff to adequately go though them, if he had that report from his Cardiologist at the time he put in his claim the outcome might have been different it is a crap shoot either way. mt
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Hello, I hope everyone is well. I need an opinion to this claim. A friend of mine asked me if her husband John can re-open two closed claims that were both denied based on a letter they received last week from his Cardiologist.
Here is a little history of his claim.
John put in two claims with the VA for comp. one was for sleep apnea denied 3 years ago because it was not diagnosed while in service or within the 1 year window after retirement. It was diagnosed a little over 2 years later after retirement.
Second claim was for HTN this was denied because the VA stated that “after a 5 day b/p check high b/p was not detected.
What I read in his service military records was that in 87 his
b/p was within HTN levels and the doctor requested a 5 day check . The next medical note made right after that request was made 8 mo. after that appointment with no mention of a 5 day check or a check at all. By this time he had pcs and forgot all about it, he actually said he never recalled the doctor asking for him to have a check done and no mention of high b/p.
In 1988 he ended up in the Cardiac ICU unit at the local hospital the AF base emergency room had his transported there do to arterial fib. 3 days later he was released because it resolved on it’s own. Noted was that the Civilian hospital ICU Cardiologists requested firmly that a catherazation be done to rule out CAD the test was not done due to the base hospital stating It would be performed at a base hospital the test was never done.
A year after that again during a yearly physical again another doctor wrote in his records HTN? Again a 5 day b/p was requested again after reviewing his records I did not see where it was done and neither my girl friend or her husband was aware that the doctor even thought he might have had High b/p.
Her husband did request to see the 5 day checks from the VA since that is why he was denied HTN and that was 2 years ago. Still waiting to see where they found those tests.
Now for the new development.
Last year John had to have a pacemaker put in due to slow heart beats…during his check up his Cardiologist asked him to bring in all his medical records pertaining to stress tests ect. John brought in a copy of his service medical records. After he review them he called John a few days before the pacemaker implantation and asked him if he was ever placed on high blood pressure medicine while active duty or if he was asked about his sleeping habits because of his tension headaches and fatigue he said no they told him he had migraines.
Also in John Medical records were the 5 buddy statements he received from men he shared quarters with thought out his AF career and they wrote that he would snore so loudly that they could hear him down the hall and one of his supervisor wrote a statement that John would come to work often fatigued and he remembered going tdy with him a few times and he did snore so loudly that he had to pay to have a room of his own because he couldn't get a good night rest.
But he was diagnosis with sleep apnea 2 years after he retired from the AF.
When John was sent a copy of his Cardiologist report the doctor put an Addendum to his report it states
“Mr. xxxx has snored loudly his whole life. His neck size has been greater then 17 inches (a strong correlate with sleep apnea risk) since he has been 20 years of age. During his time in the military (he was in the military until 19xx) he had untreated sleep apnea. His untreated sleep apnea likely contributed to his ultimately development of hypertension, symptomatic bradycardia and need for permanent pacemaker implantation.
If you have any questions please contact me."
Sincerely,
Dr. xxxxxxxxxx MD
(This Cardiologist is well known and is best known for his studies in the field of cardiovascular medicine, he also is a professor who teaches at universities about cutting edge developments in his field)
So would this addendum be enough to re-open his two closed claims would this addendum be considered new and material evidence?
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Congrats! mt
con
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Unfortunately the sentence is not a diagosis. The test that never got done (cardiac cath), was to be done to determine if he had cardiomyopathy. Since he never got the test he cannot get the diagnosis. What you want to do is ask the current cardiologist is there is any corrolation between the current cardiac problems and those of the active duty episode. Once you get the connection you will have your proof and can file.
Bergie
Yes Bergie...that is what the new plan of action is...later tonight I will be going over to his house, to help his wife put his medical records together from active duty until today current...I bought some highlight stickers and will tab all pages with b/p and cardio related material...then write a letter to ask the cardio doctor if there is any corrolation betweenthe current cardiac problems and those on active duty...
*I wish all veterans before discharge could have someone look over there records or educate them on listing everything on there out process medical review...then I don't feel there would be such a mess now...just my thoughts...
thank you for being such a great source of insight!!!
MT
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"He will be dropping off his in-service medical records to his cardiologist to see if he can determine if the vet had hypertension based on his military records...or even pre-hypertension"
The format for IMOs is here in the IMO forum.
The doc writing the IMO should have SMRs and all other available medical records.
Also for my claim (DMII to include cardio-neuro SC death claim) my IMO doctor had all C & P exam results and the SOCs I had gotten.The VA C & P exams can definitely help by showing an IMO doc VA's own medical rationale-which could be very faulty.
AN IMO with "at least as likely as not" and -with full complete medical rationale
can combat a VA " not likely" opinion and balance the scales for an award under Relative Equipoise.
(In one statement in my IMOs -the IMO Doc said "the VA examiner's statements in the SSOC are medically inaccurate".He then expanded on that.
I didn't have the actual C & P but it appeared to be verbatim statements from the VA doctor in the SSOC.
I had already rebutted the VA medical statements and included my rebuttal with my IMO request.It was a medically inaccurate opinion in many ways.
I have local vet with similiar claim waiting for his SMRs.
In his case I don't foresee SC for his present heart condition- based on his service (long story)as inservice HBP readings might not necessarily have any nexus at all to a current heart disability.
But it takes a good cardio doctor to be able to determine that.
John is right- what readings did he have within that first year after service and when was the cardio problem diagnosed?
hello Bertha...I hope all is well with your family...haven't been on for a bit...but as you can see I am trying to guide a veteran in the right direction...actually he never went in for a C/p the rater based the decision on a VA medical opionin after someone up there reviewed his service medical records...and denied his claim by stating more likely then not...
Bergie brought up a good point...since I do tend to have tunnel vision...the vet was admitted into the Cardiac ICU at a civilian hopital back in 88 during active duty...the civilian cardiac doctor highly recommened a test...the following exert is from the actual doctor note from the civilian hospital...
"""In view of this new onset of chest pain and accompanying atrial fibrillation and J point abnormality on the exercise treadmill, cardiac catheterization was recommended for further assessment of early cardiomyopathy. This will be done on an elective basis at an Air Force Base Hospital. The results of the above-mentioned tests and the recommendation for cardiac catherization were discussed with Dr. xxxxx at xxxxx Afb Hospital.
The patient is discharged on no medications and will see Dr. xxxx for follow-up tomorrow."
one of the poster on this tread wrote something and a light bulb came on...
the civilian doctor wrote..."cardiac catheterization was reconnended for further assessement of early cardiomyopath"
so was the doctor saying he was in early stages of cadiomyopath...and if he was since the base elected not to run the test...there was never a diagonosis...I truly want to see this vet prevail...he like many vets is having a hard time...at the present he is rated 60% but receives 50% VA math you know...and it's for migraine (cluster/stress headaches they have it written both ways cluster tension and migraines) Gerds, and for his back ....the harness that he was wearing while fixing a plane the saftey snapped from the ceiling (faulty) and he fell quite a distance to the ground messed up his back and knee (he is 0 rated for his knee and scarring at the present...but it is in his VA records that it was approved with 0%)...also he is VA comp.for tenninnis (ears) and has 0% at the time for hearing.
The veteran only had 3 b/p the first year after readings were 125/89 120/80 136/90...18 months after discharge they were higher the top readings were 140-152 range...the vet did not go to the doctor unless he was sick and didn't know anything about what the readings meant...but the doctor did mention within 18 months that he had high blood pressure did not put him on med's but did put him on a low sodium diet and told him to lose some weight..he weighed in at 210 lbs he is 6'2 lumber jack kind of body.
it wasn't until I believe 2001 that he was actually diagnosised with hypertension by the primary care doctor on base (he has tricare) he had a new primary care doctor at the time and he wrote after review of your medical records he noted that his b/p reading indicated hypertension...so he has been on medication since.
Now...the arterial fib. was in 1988...yet by his service medical records it is indicated all thoughout that he had migraines...was sent to relaxation thearpy...was put on meds...also thoughout his service medical records he had complaints of dizziness upon going from a sitting position to a standing...but anyone who has been in the military knows that your very rarly see the same doctors...more then once...it is who ever is there on call...and this veteran is not a complainer...by all accounts by what I know of him...he was worried if he went to the base clinic he would lose his sercurity clearance...when it came to the headaches and the dizzness...
but anyways I do not want to ramble...
I will look at thse IMO to see if one will fit the request he is looking for.
God Bless
Mt
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The records from the community hospital used the term veteran. This serviceman was on active duty when he was sent to that hospital by the military. Under 38 CFR 3.1 (d) a person who was been discharged under other than other than dishonorable conditions from active military service is a veteran. Did this veteran have any prior discharged from the U.S. military when he was sent to the community hospital for treatment of a heart condition? Do not lose track of the fact that the records from the community hospital shows this veteran was diagnosed with cardiomyopathy. This veteran needs to be seeking service connection for cardiomyopathy and atrial fibrilliation. This veteran now needs a service officer to help appeal V.A.'s determination that denied service connection for hypertension and to pursue a new claim to service connect cardiomyopathy. He needs expert help because V.A. made a determination that this veteran had no chronic heart condition.
hello..."the records from the community hospital used the term veteran" I used the term veteran instead of the veternas name...the veteran was actually active duty military at the time he had the onset of arterial fibliation and was sent by the base hospital by almbulance where he was admitted into the ICU cardia unit...the veteran is retired from the USAF after 21 years of service....the veteran was not diagnosed with cardiomypathy or I don't believe that is what is meant by the following...per batem from the cardio doctor at the community hospital...
""In view of this new onset of chest pain and accompanying atrial fibrillation and J point abnormality on the exercise treadmill, cardiac catheterization was recommended for further assessment of early cardiomyopathy. This will be done on an elective basis at an Air Force Base Hospital. The results of the above-mentioned tests and the recommendation for cardiac catherization were discussed with Dr. xxxxx at xxxxx Afb Hospital.
The patient is discharged on no medications and will see Dr. xxxx for follow-up tomorrow."
***please note that the cardiac catherization WAS NEVER PERFORMED....the base hospital decided that since the fib. resolved itself that it was unneccesary...I read the doctor report from both the civilian hosp. and the base primary care doctor and I did not see a diagonis...
***unless the civilian doctor...in this sentance he wrote in the vets record..."
cardiac catheterization was recommended for further assessment of early cardiomyopathy." actually implies that he was in the early stages of cardionopathy? not sure what that sentance implied...
hummmm good catch on that...
what do you think
MT
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You are so worried about the HTN issue. What you should be looking at is the cardiac issue ie; the fact that he did not have a cath way back when. Now 20+ years later he has a pacemaker. What you should do is ask the cardiologist if the pacemaker could be the result of a missed diagnosis when the cath was not performed. If you get the cardiac issue SC'd then the HTN can be a secondary connection to the cardiac issue. Again look at the big picture and get out of the tunnel. In other words open your eyes, he has a better chance if the cardiac doctor states the pacemaker is more likely than not connected to the fact that the cath was never done. You posted a similar question recently and the answer is still the same, the HTN is weak from the records you've discussed because everyone has the ocassional elevated BP reading. According to you he had 2 seperate 1 week BP checks and they were both negative. It's good that you want to help this guy, and you are in the right place so listen to what I'm tryin to tell you. Hope you are not offended, that is not my intention.
Regards,
Bergie
Hello Bergie...Please, I am not offened in the least! just the opposit..I came here looking for advice and that is what you are giving me...I do have tunnel vision esp. since I am in unfamiliar waters...I have explained the same to the VET that I am trying to help...you wrote: " Now 20+ years later he has a pacemaker. What you should do is ask the cardiologist if the pacemaker could be the result of a missed diagnosis when the cath was not performed. If you get the cardiac issue SC'd then the HTN can be a secondary connection to the cardiac issue. Again look at the big picture and get out of the tunnel. "...
Ok...that makes sence since he has a pacemaker now...due to his heart not beating correctly...I wish he had that cardio test done!
The vet told me that his cardio doctor has never done a letter before for the VA...
so I am not sure how the vet should word his request...
would something like this be ok...
Dear Dr. xxxxx,
could you please review my in-service medical records and evalulate them to determine if the pacemaker that I have just recently received could be the result of a missed diagnosis when the cath was not performed back in 1988.
*should he add anything else??
thank you again for your insight!!
God Speed
MT
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Good Evening...I have a question...I am helping a vet with his claim for hypertension that began during his military service. He filed for hypertension back in 2008 and the VA denied his claim...the VA stated
"The service treatment records show occasional isolated elevated blood pressure readings, often associated with weight control counseling. In xxx of 19xx, you were referred for a 5-day blood pressure evaluation; hypertension was not shown. In xxx of 19xx, you were seen for neck pain, feeling faint, and dizziness associated with going from a sitting to a standing position. You were referred for a 5-day blood pressure evaluation, and again, a confirmed diagnosis of hypertension was not warranted. In xxx of 19xx, you were admitted to xxxxxx community hospital for an extensive cardiovacular evaluation to rule out coronary artery disease. This evaluation revealed no chronic cardiovascular condition, to include hypertension. Routine periodic examinations including your retirement physical, revealed normotensive blood pressure readings, with no evidence of hypertension.
At the VA examination dated xxx 31, 19xx blood pressure reading were within normal limits. Hypertension was not claimed by you or noted by the examiner.
The VA treatment reports show that you first complained of elevated blood pressure readings on xxx 26, 20xx; hypertension was diagnosed at the time and you were prescribed medication.
On xxx 15, 20xx, your claims filed and all the available evidence were reviewed by a VA examiner for the purpose of providing a medical opinion regarding the onset/etiology of your hypertension. The examiner notes that there were isolated elevated blood pressure readings during active military service. However, he notes that the majority of your blood pressure readings thoughout military service were normotensive, and he also notes that a 5 day blood pressure check did not confirm a diagnsis of hypertension. He notes that your current hypertension was first diagnosed and treated many years after your discharge from active miliaty service. Based on these factors, he provides the opinion that your current essential hyperstension did not at least as likely as not manifest to a compensable degree during active military service.
Sevice connection may be granted for a disability which began in military service or was caused by some event or experince in service."
Now what would I need to do to reopen this claim?? would the following be enough to open the claim...
1.) after filing this claim he remembered that right after he retired out of the Military he went for a few years to a family practice doctor that the company he worked for had on retainer...
his blood pressure within 2 years from discharge were in the 140/102 range years before he was diagoised the doctor did write in this notes that he may have hypertension but the vet did not know that until he picked the records up last friday...these records were not submitted to the VA.
2.)A few months ago I told him to send for the (civilan hosp.) medical records to the hosp. that the Military sent him to after he had an episode of Arteria Fib back in 1988...
He received the medical records...that he did not send into the VA for his claim nor did the VA mention they had the medical records from the civilian hospital the VA only stated what the AF doctor said and did not even mention that the civilian cardiac doctor highly recommened a Cardiac Catherization *that never was preformed to rule out cardio diease*
While in the Hospital the Cardio Doctor did recommend that the "vet" undergo a Cardiac Catherization which he was willing to do. Yet, the base decided not to approve the procedure at that time. Needless to say the Cardiac Catherization was never performed.
In The medical records from xxxxxxx Hospital the Doctor wrote:
"In view of this new onset of chest pain and accompanying atrial fibrillation and J point abnormality on the exercise treadmill, cardiac catheterization was recommended for further assessment of early cardiomyopathy. This will be done on an elective basis at an Air Force Base Hospital. The results of the above-mentioned tests and the recommendation for cardiac catherization were discussed with Dr. xxxxx at xxxxx Afb Hospital.
The patient is discharged on no medications and will see Dr. xxxx for follow-up tomorrow."
After reviewing the "VET's" military service records by all accounts the "Vet" went in for his follow up appointment to discussed the plan of treatement and to inquire when he would have the cardiac catherization preformed at the time doctor (Air Force doctor) did not feel the test was warranted since the Fib. Resolved itself...now get this..his B/P and pulse taken on that day was...
10 May 1988 90/58 pulse 60 and he was released back to work that day.
so based on the VA denial letter not all test were preformed esp. the one that WOULD HAVE ELIMINATED HYPERTENSION or cardiac diease.
3.) 2 months ago he had a pacemaker put in...and while there he was given information regarding hypertension and by his in service b/p readings he most definaly had pre-hypertension readings and as the VA denial letter stated there were hyperstension readings...
4.) He will be dropping off his in-service medical records to his cardiologist to see if he can determine if the vet had hypertension based on his military records...or even pre-hypertension
any advice would be so highly appricated by this Vet and his family...I feel strongly he has a good case he just did it alone with no help...so here we are...can he reopen this claim...
thank you in advance and God Bless
MT
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(((Hugs))))...one of the best things in life is helping those you love!! and education is a open door to a lifetime of dreams...congrats to you and your family!
One's greatest assets is there family!!!
God speed
mt
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I hope he is going to have his check up at a private cardiologist. Then all of this can be looked at he will be able to get a professional opinion.
I do not not trust the VA to police any gov't agency over medical decisions. I have my reasons and they too are heart related and almost killed me. Pay for an outside private evaluation and protect your self!
Good evening still here...
thank you for the insight...I am also of the same thought...after I went though the wringer with the VA on my claim..I have a real sence of distrust as well when it comes to the way the VA rates claims...but I also know that there are some really good people up there as well...so I am praying that God delivers these papers to the right hand...like the way He lead this Vet into my path...hopefully with the help of this board and google...we can get this vet a fair shake...
I will update as we go along...
God Speed
mt
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What you need to do is request a copy of the c-file, and C&P exam that pertains to the denied claim then proceed from there. What I'd recommend though is that he present the old medical documents from the earlier ICU hospitalization to the cardiologist and ask if the pacemaker that he now has might have been indicated back then, or could the fact that the military dismissed the incident have lead to him now having to have a pacemaker. If the cardiologist can tie the symptoms way back to the pacemaker that he now has he should be able to file for the pacemaker and receive a much higher rating. Also, S4 gallop is not indicative of HTN, it is more an indication of heart failure. Now the heart failure could lead to HTN, but you don't indicate if he has heart failure or the reason for the pacemaker. As I said above he needs the cardiologist to provide a Nexus connecting the incident on active duty to the current condition of having a pacemaker. Personally, I feel that the medical staff who cancelled the catheterization and dismissed his symptoms way back when made a huge mistake, and I believe that contributed to the need for a pacemaker now. Get the Nexus and then file the claim for the pacemaker.
JMO,
Bergie
Dear Bergie..thank you for the insight...1st. there was no C/P done, they based the denial for hypertension on his service medical records. After I read the denial decision he has and after looking at this B/P readings it didn't make sense. Luckly for him the denial letter is stamped Jul 30, 2008 so first thing on wed. I am taking him up to the State Va officer and have him put in a Notice of Disagreement...tomorrow he is bringing a copy of his service medical records along with the civilian hosp. records to his Cardio doctor who had the pacemaker implanted. his nurse told him to drop them off. I hope he can provide the Nexus connecting the incident of active duty to his present condition or at least tie in the hypertension. Also by all indications of letters he had from buddies back in the 80's he sored loudly...after he retired he was diagnosied with sleep apena..so maybe the doctor can tie that in...I feel the same way you do in regards to the AF denying him that test. What The doctor wrote in him medical record is this...
"In view of this new onset of chest pain and accompanying atrial fibrillation and J point adnormality on the exercise treadmill, cardiac catheterization was highly recommended for futher assessement of early cardiomyopathy. This will be done on an elective basis at an Air Force Base Hospital. The results of the above-mentioned tests and the recommendation for cardiac catherization were discussed with Dr. xxxxx at xxxxx Afb Hospital.
The patient is discharged on no medications and will see Dr. xxxx for follow-up tomorrow."
needless to say when the vet went in for his follow up appointment and discussed the test the doctor did not feel it was warrented...now get this..his B/P and pulse taken on that day was...
10 May 1988 90/58 pulse 60... Go figure!!!...what were they thinking...hummm could it be the project he was working on was in the black and the need for him was greater then his life...
I really hope his cardio doctor can pull it together for him...please keep him in your prayers this like all vets s/he really deserves a break..
thanks again
mt
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Been a long time...but I am still active in helping people God sends into my path...so hear goes...I am helping a fellow vet with a VA claim a few years ago he filed for hypertension..in which the VA declined...after reviewing his Service medical records I did note that his bp was high over the years and that on two occassions they had a 5 day blood pressure check due to the high readings...I also noted that there was no record of a 5 day check in either the notes or labs...the veteran I am helping is retired after 21 years of service...he is serviced connected for cluster headache/migrains/...as I poured over his medical records (inservice) I noted that he had an episode of heart fliberation (sp) back in 90 that required the base to have in taken by air medic to a reginal hospital (civilian) and he was put into the caradiac ICU unit. There were no notes or records from the civialian hospital so I had him send away for those records, which he received last week (how lucky they still had them!) in the records from the hospital it states that he has a high S4 gallop and that the hospital cardic doctor wanted to preform a cardiac catherlization to rule out early cardiomyopathy. As documented in his medial records he agreed to the procedure, that evening he was NPO and the following morning prep. began, for unknown reasons the base hospital decided that the procedure would not be preformend and that he was to do a follow-up with the clinic on base he was discharged that afternoon. In his medical records (service) it has a brief sentance that states" atrial fibrillation-resolved" and states if any further problem occurs to come back.
now fast forward! though out the years this vet has had similar problems like he did back in 94 but he thought that it was nothing and just sat out the dizziness and sweats..until his wife was present durning one of his episodes and brought him to the ER..they put on a 48hr. monitor and it was determined that he needed a pacemaker which he now has.
now the question...since S4 gallop indicated hypertension in which he already filed for and was denied...can he reopen his case with the records from the civilian hospital he just received...and can he also put in for a claim for the pacemaker due to there was never a diagonis back during his service time regarding the 5 days he spent in the ICU...I recommended that he contact his cardiogist and see if he can link the two together...just need some insight on how to guide him.
thanks
mt
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Hello Hedgey..just be yourself...wear your favorite pair of pants a shirt that you will feel comfortable in and bring someone that will make you feel at ease...I will keep you in my prayers.
Mt
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Hello Cowgirl...yes there is a medical term for Female Sexual Dysfunction it is medically called:
"Female Sexual Arousal Disorder (FSAD) is similar to what used to be called frigidity"
You can research this disorder more on line. I am not aware if this disorder is covered with the VA...would have to research it. I hope this helps.
Female Sexual Dysfunction
Due to unrealistic expectations, many men see women who fail to achieve orgasm as being frigid. However, this often occurs because of a lack of affectionate expression by the partner, or a lack of sexual understanding and skill. Of course, there are other causes such as fear of pregnancy, recent childbirth, dyspareunia (pain during intercourse), and some prescription drugs. Drugs prescribed to treat conditions such as depression, insomnia, or high blood pressure can prevent female orgasm. Approximately ten percent of women will never achieve orgasm and around half never experience orgasm during sexual intercourse due to insufficient foreplay. Men often see the lack of female orgasm as a criticism of their own masculinity.
*taken from the artical
Sexual Dysfunction “ Don't Let it Ruin Your Relationship
Submitted by Annabelle on Thursday, July 06 @ 21:38:48 MST
Website: http://www.articleavenue.com/article4190.html
hope this helps..
God Speed
mountain tyme
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Hello Kelly...with the VA everything is dicy...but you have a positive outlook so that is a good thing...at this point there is no use is stressing over what is done is done...as long as you feel good about your experiance that is all that really matters...
God Speed
MT
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You did him proud.....
MT
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"Veterans Exposed to Carcinogens
Robert J. O'Dowd for Salem-News.com
Beyond Marine Corps Base Camp Lejeune, the government isn't required to notify veterans of their possible exposure to contaminants and their health effects.
Courtesy: remnantenterprises.com
(SOMERDALE, N.J.) - Veterans for Change (VFC) supports legislation to expand VA presumptive disability coverage for disabled veterans exposed to toxic chemicals."
to read the rest of the artical go to
http://salem-news.com/articles/march062009...toro_3-5-09.php
list of bases..
In addition to Marine Corps Base Camp Lejeune, The Marine Corps Times reported 22 military bases with TCE contaminated water in June 2007:
Air Force Plant #4 (General Dynamics) — Fort Worth, Texas
Andersen Air Force Base — Yigo, Guam
Marine Corps Logistics Base Barstow — Barstow, Calif.
Cornhusker Army Ammunition Plant — Hall County, Neb.
Fairchild Air Force Base (4 waste areas) — Spokane, Wash.
Lake City Army Ammunition Plant — Independence, Mo.
March Air Force Base — Riverside, Calif.
Mather Air Force Base — Mather, Calif.
McChord Air Force Base — Tacoma, Wash.
McClellan Air Force Base — McClellan AFB, Calif.
Middletown Air Field — Middletown, Pa.
Naval Air Development Center — Warminster Township, Pa.
Naval Weapons Industrial Reserve Plant — Bedford, Mass.
Nebraska Ordnance Plant — Mead, Neb.
Norton Air Force Base — San Bernardino, Calif.
Old Roosevelt Field — Garden City, N.Y.
Otis Air National Guard Base/Camp Edward – Falmouth, Mass.
Picatinny Arsenal (U.S. Army) — Rockaway Township, N.J.
Pease Air Force Base — Portsmouth/ Newington, N.H.
Whiting Field Naval Air Station — Milton, Fla.
Wurtsmith Air Force Base — Oscoda, Mich.
New Brighton/ Arden Hills (Army) — New Brighton, Minn.
The Marine Corps Times news story provides internet links to detailed ATSDR information on these bases. (See: (See: marinecorpstimes.com/news/2007/06/marine_water_list_070625/).
Hope this helps someone...God Bless
MT
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Dear Skunk,
First I am sorry to read that your wife in not doing well....I will keep her in my prayers that a good outcome is not far away.
Now to the evaluation...like everyone has said be honest in all your answers if the doctor thinks you are not forth right in one answer then the doctor will tend to think all your answers may not be true. Second if you are asked "How are you feeling today" the normal response is "OK or Fine"...if you are having this evaluation you are neither Ok or fine...so do not tell the doctor that you are...if you were not sick you would not be there in the first place...tell them that you are having a bad day that this is not a good time in your life...now esp. with the added stress of your beloved being ill...DO NOT DOWN PLAY how you are feeling. If you normally wear jeans and tee's at home for goodness sake do not wear a dress suit...you are not there to impress anyone you are there to receive help. Everything you do is observed and noted...be polite to the doctor and using profanity or making threats will not help your case...remember that you need help and being rude never helps. Just be yourself and everything should be fine. I can relate to some of what you feel..esp. the need to prove everything with witness or documentation...that is part of PTSD so take a deep breath take your medical information, any records from law enforcement, if you were fired from a job a letter from someone as to why...perhaps you have a anger problem that causes you not to get along with others...as someone mentioned earlier if you are not working a current work history from Social Security is important...any information as to how your disability has impacted the quality of your life is important to the doctor in determining the percentage of impact your disability impairs you in the job market and every day living. Remember all mental health issue are clumped together into one rating so it does not matter how many diagnoses you have as far as in the mental health category goes...because the VA does not do pyramiding. Hopes this helps
MT
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rentalguy wrote: "My suggestion is to take the next 3 months and have as many MH appointments at the VA as is absolutely possible. Let them know about his suicidal ideations. Let them know about his spatial disorientation. Let them know that he is incapable of maintaining personal hygiene. Don't beat around the bush about it either. March in there and the two of you let the doc know that he has problems. Then, when you have these things in the records, file a new claim for increase."
rentalguy is right..I read your SSOC...and based on some of the statements his condition falls into the 50% for example it states in the SSOC "He stated you are a poor candidate for contiuation of college courses. He recommended that you be excused from current and future college work until your mental health concerns can be addressed. He noted your prognosis is poor BUT YOU COULD MAKE SIGNIFICANT GAINS with normalization of function depending on your response to medication and therapy"
Based on that statement alone it indicates that with proper medication and therapy that his condition will improve...I would say that is why the VA did not give an increase. What has to happen now is that you will need to get a IMO from a private psycologist indicating what his limitations are...for example due to his depression and aniexty he no longer participates in family gathering (something to that effect), he is servery limited in his ability to drive due to his confusion, due to his depression he no longer takes interest in his personal hygine...
The bottom line is this the VA will only increase an individuals percentage if his condition has deterioated to the point of the next level. The Va will need to have an IMO from a psycologist stating that due to his PTSD he is limited in the following areas...
You should bring the schedual of rating with you so the pyscolgist can read it and base his report based on the VA criteria for the level of disability that he falls under.
If you husband is having suicidal thoughts that needs to be brought up...but keep in mind not everyone who has PTSD has suicidal thoughts or tendencys...and they rate out at 70% PTSD is a disabling condition that does not only effect an individuals mental and emotional well being but also is very damaging physicalogy (sp) many individuals that have PTSD also have other secondary conditions that manifested due to PTSD...conditions such as IBS, hypertention, migrains, reflux, aches and pains everywhere the list goes on...due to the fact some individuals with PTSD will internalize they will have more visits to there doctor.
Keeping a daily diary of his behavior will also help...his mood swings...outburst...how he interacts with others...
once you can establish that even with medication and therapy that his condition has not improved then I would think he would be awared the higher evaluation...
just my thoughts
mt
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Good Morning...I have been following this thread and I am compelled to bring out a point...regarding the JAG office...in this thread Guest_johnson123_*GuestMember has stated that he has received legal help from his local JAG office on base...some fervently take a stand that it is not possible...anything is possible...only because I know someone else that also received help from a law office on a military post.
Even though as stated earlier in this thread that it would be a conflict of interest...there are Military JAG officers and God Bless them...who have honor and respect for there fellow solider who needs help...esp. a solider that was injured in the line of duty to OUR GREAT COUNTRY...Once a solider always a solider...so yes even though a disable vet who is not a retiree is not entitled to legal services on base (per regulations) does not mean that there is not a JAG officer who will take there plight and help...To me that JAG officer who stood up to help this vet is extordinary to put himself in the line of fire is what we As a true American solider do for each other...to help and protect esp. help those that are wounded.
MT
"DETERMINED TO BE A VIETNAM -ERA HERBICIDE-EXPOSED VETERAN"
in Agent Orange
Posted
Hello I have a question...last week a good friend of mine father was hospitalized due to COPD, high blood pressure, CHF, and Diabetes 2...he served in the Navy from 1964-1970 he was a Aircraft structural Maintenace and also worked on the air crafts hydraulics systems...back in April 2017 he received a letter from the Member Service Health Eligibility Center which stated he was awarded (1.) 40% service connected and (2.) Determined to be a Vietnam-era herbicide-exposed Veteran...
Her dad is 78 years old and he is confused she had power of attorney he does not remember what he claimed back then but he was enrolled in Priority Group 2 effective in 2017...can she go ahead and put in a VA claim for the presumptive conditions...and does she have to prove he had feet on ground...he told them when he put the claim in originally that he had to go into port (Vietnam) to pick up replacement equipment to repair the planes...he served on the USS Enterprise (CVA-65)...from 1965-1967
thank you for any help...