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

[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

[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