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.

[OldDave]

Sorry for my ignorance. What is CAD? Not sure if you are also having ED symptoms. If so, you can file a claim for ED as secondary to DM-II.

bob_abad,

CAD is Coronary Artery Disease. And you can claim ED as secondary to DM-II. The award letter they sent me listed ED as service connected through DM-II. But, they didn't award any compension for it.

OldDave

[Pete53]

When I applied for VA Service Connection for panic disorder that in 4 months Social Security put me on disability I figured that the VA would look at the evidence in my SMR's, the reports from my VA Doctors, the Medical Opinions of several Doctors and after the years rolled by I came to the conclusion that the VA was not my friend and my friends it looked like war to me.

As far as ethics go I feel that it is wrong to lie or answer a direct question with a lie. It is ok to not answer the question and to do anything that helps your claim.

I think it would have been a grave mistake of any claimant to NOD a claim to point out that the VA made a mistake. The VA makes millions of mistakes some very large and some small. The VA had medical records and made their decision. When did anyone here except for very few really be in the position to correct the VA and no it is not taking from another Veteran.

I think Old Dave did a good job of putting out a concern and getting a lot of differnt answers and now he can make his own decision

I vote for let sleeping dogs lie just don't tell any lies yourself.

[Commander Bob]

"I want to do the right thing, but I don't want to shot myself in the foot. Any advice would be greatly appriciated." OldDave.]

Good Morning OldDave, Thanks for posting this topic. We had a spirited discussion yesterday. I hope it helped you with your question. rentalguy1 and Pete53 summed it up well. I wanted to revisit this thread to add a post script about my experience disagreeing with the VA's higher rating and having it lowered. Mine was for PTSD. Many decades ago, when I, and the rest of the country, was concerned with the stigma associated with the condition, I fought successfully to have the rating reduced. Denial, and career decisions along with having a bad day at the C&P exam played a part in my thinking at the time. Upon my notification and without a C&P do-over, the VA granted my request for a lower % rate. Recently, after my CRSC retirement was awarded by the Army, I found that the VA miscoded my combat related PTSD. When I asked the VA to correct the diagnostic code # to reflect combat PTSD. They reopened my old PTSD claim as a new claim. I was willing to let it ride with just a code# correction, however since the VA wishes to reopen that can of worms and will not just correct the code#, I included an increase in the rating, as well.

Again, I wish you the very best for a happy and successful New Year. May you have many more.

Edited December 27, 2008 by Commander Bob 92-93