Down And Out

[MichaelH]

I served in the USAF from 82-92. After returning from Desert Storm I started having issues with arrhythmia and was hospitalized. I was in the service during my first episode and my service medical records records the condition. I had not previously encountered the condition that I now take medications for, and will do so for life. The condition has gradualy gotten worse over the years with extended stays in the hospital from time to time. I filed a claim in 94 for disability and was denied based on non-sc. I was told it was a heriditary condition though I am the only one in my family that has it. I did not fully undestand the process and did not file an appeal. However, I have collected my recent medical records and have requested my military records. My question is am I all out of options? Is there any path I can take that will allow me to get this re-reviewed? Just wondering if I am spinning my wheels by pursuing this issue? Thank you for your time.

Edited May 9, 2007 by MichaelH (see edit history)

[Former Member]

The VA would have to come up with something pretty interesting to support their rationale on that old decision- however-

the best thing to do is file a re-opened claim-

the entitlement date will not be the old claim-

just the new claim date-for any retro payments-

Were you told the claim was not well grounded when they denied?

Is their anything in your initial service physical to indicate you had this as pre-existing condition?

I bet not at all---

Something is wrong with the past decision-

Can you scan it (cover the personal stuff ) and post it here?

But in any event you can re-open with new evidence.

What is your actual diagnosis for this?

As long as it is noted in the SMRs yourecently requested, you have good basis for service connected claim.In my opinion-I cannot imagine how they could have denied on hereditary basis-

unless this is very rare-

but you have no heredity that reflects this problem. ????????

[Lady Chance]

Hi

I have Tachycardia that started in Service in 1996 and it was noted in my Service records. I had to open that case up because I am taking Medication for Blood Pressure that is the same for fast heart rate was not acknowledge by VA a (Beta Blocker) which the VA raters Still denied that is for that. I have to take this for the rest of my life. Keep appealing keep the faith I'am not going to accept what they are saying.

Lady Chance

[Pete53]

Michael:

Welcome to Hadit. You have an excellant chance of being service connected. Do as Berta suggested. Most of us here were turned down by the VA on first go round.

[MichaelH]

The VA would have to come up with something pretty interesting to support their rationale on that old decision- however-

the best thing to do is file a re-opened claim-

the entitlement date will not be the old claim-

just the new claim date-for any retro payments-

Were you told the claim was not well grounded when they denied?

Is their anything in your initial service physical to indicate you had this as pre-existing condition?

I bet not at all---

Something is wrong with the past decision-

Can you scan it (cover the personal stuff ) and post it here?

But in any event you can re-open with new evidence.

What is your actual diagnosis for this?

As long as it is noted in the SMRs yourecently requested, you have good basis for service connected claim.In my opinion-I cannot imagine how they could have denied on hereditary basis-

unless this is very rare-

but you have no heredity that reflects this problem. ????????

The condition did not exist upon entering the service and was never detected with the numerous physicals I recieved in my 10 years of service. It only after Desert Storm and I was still active duty when it first surfaced. I do not have the original letter, I have matured somewhat since I filed last, and I keep better records now. I am going to take your advice once I have recieved my military records. What form would I need to use to refile? I can do some research if you dont have that info redilly available. Thank you for your input.

[Former Member]

Michael- are you unable to work due to this?

You can order your SMRs on line at http://www.archives.gov/

just click on Military Records and SF 180-

on the SF 180 I suggest that you request all Personnel Records as well as military medical records-

Print out the bar coded thing, sign, copy, and mail to where it says to at the web site.

Since you already filed out the 21-526 for the initial claim I would just send the VARO a letter with your c file # on it telling them you want to re-open this claim and re-state the claim and tell them you have no other known etiology for this condition but for your service and that your medical records will reveal inservice treatment for it..

[jbasser]

If you did not have tacycardia before you entered service or until later in service and it is in the medical records then you have a good chance for getting service connection as berta said.

First ypou were considered sound when you went in the service.

It does not matter if the condition is inherited, if it did not manifest in you until service then it is a service connectable disease.

I am also interested about the first denial. I would have to look at it but I think there may even be a cue here. It depends on the evidence they used to deny the claim.

[Vike17]

MichaelH,

If your claim was denied in 1994 because it was determined your condition was heredity, then in order to re-open your claim you need to submit "new and Material" evidence to the fact that your condition wasn't heredity in nature. You'll need an IMO from a physician to prove your case.

To tell the VA "you have no other known etiology for this condition but for your service and that your medical records will reveal inservice treatment for it" probably will not compell VA to re-open you claim. This is a medical determination and only a doctor can state as such for VA purposes.

The bottom line is you'll need some type of IMO from doctor to prove your case.

Also, if you've already submitted a claim to VA, then they have your SMR's, Just write a short letter to your RO and ask for a complete copy of your C-file. One thing you might want to do is still send the SF 180 to St. Louis to see if there are any Clinical (inpatient) records from your hospital stay(s) that VA may not have, which may note the condition as not heredity. Just tell St. Louis the approximate dates and the facility you were hospitalized and you should receive any of those records unless VA already has them.

Vike 17

Edited May 9, 2007 by Vike17 (see edit history)

[MichaelH]

You all have great advice and I will run with each suggestion. I am not going to resubmit until I have a full package to send back in. I am able to work just fine and my life is only impacted seriously a couple times a year with the excption of having to take Sectral and aspirin for the rest of my life. I have minor attacks once or twice a month but they usually calm down after 30 minutes or so. I am just frustrated that these events occur and that I am medicine dependant on a condition that did not exist prior to my military service and started while I was still in service and the condition happened out of the blue. However, the points that are made here are at least encouraging and I appreciate that. I will contact my Cardiologist and speak with him further about my condition and include his information with my new submital.

Thank you