Got The Decision Today. Good News, But.

[OldDave]

I applied in July for SC for DMII as a result of AO exposure with CAD and HBP as secondary. The award letter gives me 20% for DMII, 60% for CAD and 10% for each limb for PN. VA math = 80% total. The HBP was denied. The 60% for CAD is because the VA Echocardiogram Tech at the C&P gave me an Ejection Fraction of 40%. No stress test necessary. I got a copy of my C&P exam report. Blood work also showed a Creatinine level of 1.6. This indicates possible kidney problems. The award letter states the VA will be sending me for more tests to determine if the kidney disease is SC by way of being secondary to DMII.

Back in April of 2007 my cardiologist did an Echo and Nuke Stress test and called it EF = 72% and METS = 6. Needless to say the EF drop from 72 to 40 and Creatinine level worried me. I had an appointment with my pvt doctor last Monday and told him of my concerns. He ordered an Echo for Tuesday and a 24 hr protein test for next Monday. I don't have the offical results for the echo yet, but the tech told me it would run about 60%. I'm hopeing the protein test shows no problems and no reason for the VA to have to make another decision.

What would be the best way to notify the VA of the error? I plan on filing a NOD to argue that the HBP IS secondary to DMII. Would including it in the NOD be the best way? Once they accept the posibility that the EF is greater than 50% the will want to do a stress test. Maybe I should notify them immediately so that they can schedule a stress along with the kidney tests. I think the stress would reveal METS between 5 and 7, in line with what my cardiologist got. This would yield a rating of 30%. This is what I think it should be. But, what if the VA blows the stress test as well and gives me highter METS and I end up with a rating of 10%. I want to do the right thing, but I don't want to shot myself in the foot.

Any advice would be greatly appriciated.

[Pete53]

I really do not see why you would want to notify the VA tht they made an error. After all the VA leaves it up to us to prove our claim not disprove it.

[LarryJ]

Well, like my old Grandpappy used to say, he'd say "BOY (I don't think he ever really did know my REAL name!)!"

Anyway, he'd say "BOY, leave them sleeping dogs alone!"

"before ya git bit!"

So, in keeping with my Grandpappy's wisdom, I'd advise you to "leave them sleeping VA dogs ALONE!".

[hollywoodnc]

I applied in July for SC for DMII as a result of AO exposure with CAD and HBP as secondary. The award letter gives me 20% for DMII, 60% for CAD and 10% for each limb for PN. VA math = 80% total. The HBP was denied. The 60% for CAD is because the VA Echocardiogram Tech at the C&P gave me an Ejection Fraction of 40%. No stress test necessary. I got a copy of my C&P exam report. Blood work also showed a Creatinine level of 1.6. This indicates possible kidney problems. The award letter states the VA will be sending me for more tests to determine if the kidney disease is SC by way of being secondary to DMII.

Back in April of 2007 my cardiologist did an Echo and Nuke Stress test and called it EF = 72% and METS = 6. Needless to say the EF drop from 72 to 40 and Creatinine level worried me. I had an appointment with my pvt doctor last Monday and told him of my concerns. He ordered an Echo for Tuesday and a 24 hr protein test for next Monday. I don't have the offical results for the echo yet, but the tech told me it would run about 60%. I'm hopeing the protein test shows no problems and no reason for the VA to have to make another decision.

What would be the best way to notify the VA of the error? I plan on filing a NOD to argue that the HBP IS secondary to DMII. Would including it in the NOD be the best way? Once they accept the posibility that the EF is greater than 50% the will want to do a stress test. Maybe I should notify them immediately so that they can schedule a stress along with the kidney tests. I think the stress would reveal METS between 5 and 7, in line with what my cardiologist got. This would yield a rating of 30%. This is what I think it should be. But, what if the VA blows the stress test as well and gives me highter METS and I end up with a rating of 10%. I want to do the right thing, but I don't want to shot myself in the foot.

Any advice would be greatly appriciated.

My advice, do as these clowns do...

"Sweep it under the Carpet"!

Wait a few years and file a new claim if you want to establish any additional disabilities.

Don't disclose anything that is in your favor, as inaccurate. What you are doing is the honorable thing, but you will find the the DVA is anything BUT! Trust Us...we've been doing this for a while.

In due time, you will agree.

Just my opinion...

[john999]

The VA should have given you a stress test along with the echo. They didn't so it is their fault and their error. Let them live with it since they half-assed your C&P. Big difference between EF of 40 and EF of 70. The error is usually to your disadvantage. This time you win.

[OldDave]

The VA should have given you a stress test along with the echo. They didn't so it is their fault and their error. Let them live with it since they half-assed your C&P. Big difference between EF of 40 and EF of 70. The error is usually to your disadvantage. This time you win.

Thanks to all of you for your advice and wisdom. I think you are right. I'll just let things play out and see where it goes. The only reason I was going to NOD for the HPB (It is only 10%) is in the event I develope kidney disease it would take that argument away from them. The tests they want to run may SC that issue anyway and I won't need to do the NOD. I'll cross the various bridges as I get to them.

[Commander Bob]

Wellllll, OldDave, you could file a CUE. However, the VA seldom makes mistakes. ( ??? ) Just ask them. From what you presented here, you don't know for sure anyway. Tests are sometimes just snapshots in time anyway. Are you working? Are you capable of gainful employment? A long time ago, I once notified the VA that I felt that they made a mistake, and wanted a reduced % rating on a service connected disability,... And just like that, they reduced me. Right or wrong, they will be glad to reduce your rating, if you ask. I understand and respect your concern to do the right thing. If you look around, you can find a doctor that will say you are OK. I understand where you're coming from. That's how I stand also, in the real world...

Welcome to OZ. Congratulations on the good news.

Edited December 27, 2008 by Commander Bob 92-93