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Hello all, I separated in 2007 and was awarded 80% for a number of things (listed below) after awards I have never made another claim. Since I got out I've used the VA for some care for my eyes and CPAP gear but not for everything as I have private insurance. Last month on Dec 21st I had a heart attack at 37 years old (turned 37 2 weeks before on Dec 11th) with 1 each 100% blockage requiring a stent. I was not on cholesterol or BP meds and I receive no disability for any cardio related issue. I had an electrocardiogram and my heart looks great with 100% function and my non VA cardiologist said I have to take plavix for a year and likely statins and BP meds for life but other than that no restrictions and no other damage. I read that OSA causes issues including heart attack but I have had high normal cholesterol since I was active duty (ldl 150ish, tri - 100+, hdl 40s, total 210+) and normal BP always. My questions are: 1 - Can I tie the MI event to OSA? And if so can it cause the MI even if my BP and Cholesterol are not really considered high? 2 - If I have 100% function and no damage is it worth the effort? disabilities Disability Rating left knee strain 0% left ankle strain status post talar break 10% right ankle strain 10% multi-level degenerative disc disease, thoracolumbar spine (claimed as lumbar and thoracic back conditions) 10% bilateral keratoconus 30% tinea versicolor 10% allergic rhinitis (also claimed as sinusitis), status post septo-rhinoplasty 10% tinnitus 10% central sleep apnea 50%
My mother agreed to let me handle filing a claim for my father. You see he passed away in 2000 at the V.A. Hospital. I need to know how to handle this. I am guessing that I need to obtain his C File, review it and put together the proof needed to show that he died because of service connected disabilites. He was 100% PT but not for 10 years so my mother does not receive any compensation because of it. Personally I think the V.A. was guilty of malpractice. They were treating him for pneumonia as an inpatient and he died of myocardial infarction. But I digress. I would like to see if there is any way that I can link his Sc'd issues with his cause of death so I can help my mother bet DIC. I need to review his records but I believe that he had PTSD, Agent Orange, Electrocution residuals???, Osgood Slaughters, and maybe a few other things. He was 11th Calvary F troop Vietnam 1967 and 1968 and I believe he was at Tet and a few other major battles. He may have been a tank mechanic or driver not sure. How do I proceed. I am sure this has been covered somewhere and I am just not finding it. If someone knows where I can find the info on the steps I need to take for a claim like this. I am pretty fluent in filing claims for current issues but on the Vietnam side of things its a little hazy. Thank you in advance Doc
How does this work? Do I have a leg to stand on should I continue to appeal a DRO decision on an appeal 38 CFR part 4 has several listings in which conditions are to be rated at 100% when they first occur, then evaluated for residuals after 6 months for a final rating. Some examples are the various causes of stroke under 38 CFR 4.124a. There are also a number of heart conditions with 3 or 6 months at 100% then rerated based on specific criteria in 38 CFR 4.104. So if a veterans has, say, a stroke, then applies for service connection and a disability rating AFTER the stroke has occurred, does the VA then pay the 100% for 6 months then whatever the residuals rating would be? Or, because the veteran applied for disability related to the new condition AFTER the stroke occurred, because the effective date of the disability is AFTER the stroke actually occurred (and likely more than 6 months afterward), does the VA only rate residuals and does not provide the 100% for six months? Here's why I'm asking. I had a TIA within a year of discharge in 2011, probably 1 or 2 on active duty before then, and probably 1 or 2 after being out a year. After battling the VA for several years, a DRO just granted me 10% and SC for "TIA" based on the one in 2011, which was the clearest case for SC. I cannot argue with the 10% residual rating which I believe is accurate. However, because I first applied for disability related to this condition in 2012, the effective date is beyond 6 months of the 2011 event. The DRO decision did not grant me 100% for 6 months. Rather than certify the appeal and send it onward, the DRO had pulled it back from going to the BVA and decided it "in my favor" instead. As an aside, I provided evidence of an underlying condition which causes cerebral thomboses with that condition starting a couple of years before I discharged which the DRO did not rate but stuck with a condition undefined by 38 CFR part 4 which he or she called "TIA." Meanwhile, while waiting for a "reconsideration claim" to process in 2013 (don't do one of these reconsideration claims, by the way) after I was initially denied SC for this condition, I was hospitalized for what could have been a TIA. With an effective date of 2012, this event could be rated at 100% without any controversy if I can prove it was a TIA. In fact, I attempted to have this medical evidence considered by passing it through the VAMC but it does not appear that it was considered based on the DRO's decision explanation. I'm trying to decide if I should submit another Form 9 of the DRO's decision arguing for a clearer SC'd condition based on the evidence I provided as well as 100% for six months based on the 2011 TIAs as well as decide how to handle the 2013 event and could really use some advice. If I've already lost because the 2011 event occcurred prior to the effective date, then maybe I shouldn't waste my time but figure out how to get the 2013 event rated? Would I continue the appeal or submit a new claim?