For 5 years prior to my husband's death we were trying to prove service connection. According to my representative we had all the proof needed including a letter from a top cardioligist with the heart transplant program my husband was in. They stated that it took decades for his heart to get as bad as it was when diagnosed and he had only been out for 10 years.. The Navy referred him to VA on his exit exam for CAD. The VA said he didn't have CAD and his heart was fine. All they did was look at the Navy's x-ray and EKG. I didn't know that they had never ran any real tests. He kept going in to his primary care doctor (military) after retiring and they said it was reflux disease and treated him for that for years. It kept getting worse. Then they said it was his gall bladder. Luckily, the surgeon had a cardiac workup done before surgery. He was referred for heart transplant. He had a long history of high cholesterol and chest pain for years prior to leaving the service. They said his cholesterol was high because he was Italian and his chest pain was muscular. No tests. He was never put on a statin and never had a stress test. We submitted the letter from the doctor, copies of his service medical records high lighted for chest pain and cholesterol, and a copy of the referrel to VA from the Navy for CAD. We were told by many people that they would just keep denying his claim until he died. He should have lived for a year after diagnosis but lived for 5 years. He responded so well to medication they kept putting off transplant. He was scheduled for re-evaluation the week after he died. It took all of our savings to keep things going between hospital stays and testing. TriCare Prime was wonderful. Everything concidered it was worth every penny we ever paid them. According to my representative I will eventually win but until it goes to a higher level it will keep being denied.
The cause of death was Cardiac Arrest. His defibulator could not bring his heart back into rythem. His heart was just too weak to keep going. No I did not have an autopsy done since such thorough tests were done showing the exact condition of his heart. Our local Cardioligist went over the download of his defibulator and the hospital record and so did the specialists from the transplant program.
My husband joined the Navy in 1969 and served for 23 years. He served during several wars but was flight crew. He was never in country during Vietnam or the Gulf war. For most of his career he was part of the Presidential Communications Platform communicating with our subs.
We are claiming that he had CAD before leaving the service which led to the Cardiac Ischemia. Ischemia just means that the heart muscle did not receive enough blood (oxygen) so the tissue dies. It is a direct result of the CAD. His cholesterol level was 301 five years prior to leaving the service. We tried diets and they tested him over and over again and said it was because he was from Italian decent. It never got below 285. We didn't know about Statin's and the doctors never mentioned them. A statin was prescribed for the first time when he was diagnosed with an ejection fraction of 10%. Would you believe he was still doing construction work at the time. With medication they got it up to 29%.
Should I request a copy of the C&P exam. I am told that will only slow things down. I do know my complaint to my representative was sent to VA to be added to my file. I felt like I had been blind sided. Why call a meeting if the Review Officer can't make a decision? Then to totally ignore out questions about the doctor's findings. You could tell she knew she had blown it when she said the doctor agreed he had CAD during his service but that didn't support the diagnosis of Cardiac Ischemia. It also through her for a loop when my representative at the hearing told her he saw part A, B, and C or something like that listed from the doctor but no where did the report say she had reviewed his militry medical record. The whole point of the C&P was to determine if he had CAD in service which led to his congestive heart failure.
His rating decision dated June 2, 2009 states: " The service records mentions symptoms of chest pain. However, the records show the chest pains were caused from other conditions such as pulled muscle or bronchitis. A heart condition was not diagnosed while the veteran was in service. According to the records a heart condition did not exist until many years after his discharge from service. The veteran was denied service connection fro his heart condition. The letter from Dr. Benza shows treatment for cardiomyopathy in August 2004. He stated that coronary artery disease and congestive heart failure are conditions that are know to develope over a period of decades. There are no accrued benefits payable since the claim for service connection and cause of death is denied."
How can they quote that it took decades to develope but it's not service connected? When I asked the RO she said that not every reason is given in the decision letter. That was when she said the doctor agreed that the CAD was service connected but evidently the doctor must not have felt that untreated CAD was the cause of his heart condition? You never get an explanation. It is very frustrating. It is also frustrating that the representative you work with filing the case is not the person fighting for you at these reviews. The guy who went into the review with me had very little paperwork with him and really didn't know didly about my case. You get a whole 10 minutes to lay it out for him.
The only service connected compensation he received was 10% for nerve damage in his hand from an injury during service.
I am trying to at least get the widow's pension to tide me over until I reach full Social Security age or a final decision is made on the service connected appeal. My representative says it will continued to be denied until it reaches a higher level which will take about another 2 years. I haven't worked outside of the home for over 15 years and then only for 8 months to help out when my husband retired. There is only about $30 difference between the war widow pension and the reduced Social Security I could receive at age 60 (in 2 months). My life is full. I have 4 children, 8 grandchildren, and 1 great granddaughter. I have raised 2 of my grandchildren, one is still with me. He starts his senior year in the fall. I spend the winter with one daughter and the summer with the other one. I miss my husband terribly. He was not only a husband but my best friend. The youngest says I am worth my weight in gold since she hasn't had to iron or wash dishes since I moved in. She says it is nice to have a wife.
The whole VA process is very frustrating. We thought about getting a lawyer but evidently there are none in our state. Every lawyer we called referred us to another until we were told that they had all stopped taking VA cases because it tied up too many resources for way too long for very little money. I even tried searching on the internet but every site said their were none in this state. The VA representative says that getting a lawyer would be a mistake even if we could find one. My friends think I should contact our Congressman or Senator but the VA representative says that only delays the case. His records would be pulled and we would go back to square one. It's going to take as long as it takes no matter who looks at it. It took the first 2 years just to figure out what we were doing wrong. Every veteran we have ever met or known that has had to deal with VA were just as frustrated as we were. The first time we went to the Regional Office my husband was shocked at the security. Metal detectors and searches. One of the other Vietnam vets looked at him and laughed. He said, it's not to protect you or me - it's to protect them from us.