hypertension 14 Years For The Correct Diagnosis

[racemech]

I was discharged (EOC) from the USMC in 1995. I was told then that I could not re-enlist because I had lost a kidney in 1994. My MOS was 7320, KC-130 Loadmaster/IRO. Needless to say the clipped my wings right after the surgery in '94. I had a normal (EOC) discharge, no medical reasoning what so ever. Unfortunately, I didn't know any better. I navigated the VA process on my own receiving 30% for a right nephrectomy and 10% for ulcers.

I have been to the VA in 1995, 2001, and 2008 for the same consistent problems: severe cramping, nausea, diarrhea, weight fluctuations, just to name a few. The VA consistently told me there was nothing wrong. Finally, two months ago, after seeing my personal physician and the local civilian hospital complete with CT scans, the VA has found that my original surgical insicion has herniated, causing an incarcerated colon.

Thankfully, I will be having surgery next week at the VAMC Asheville to hopefully correct this. The VA doctor's prognosis is that the location of the hernia (right flank) is difficult to repair and even more difficult to keep repaired.

I was originally diagnosed, but not treated for hypertension while I was in the service. Over the years, every doctor that I have seen has commented on my elevated blood pressure, but never treated it as hypertension. Yet again, two months ago, my new VA primary care physician noticed it and has started me on meds for hypertension. This doc is great!!! I am truly impressed, and thankful.

My questions are:

1. Should I have been medically retired?

2. Can I claim the hypertension for retro?

3. What other things should I be aware of?

4. This most recent condition has already taken me out of my current profession as a forklift technician. Lost time, pay...

Thanks for any responses in advance. I will try to provide more details as needed.

[Berta]

"Finally, two months ago, after seeing my personal physician and the local civilian hospital complete with CT scans, the VA has found that my original surgical insicion has herniated, causing an incarcerated colon."

If this condition has caused you additional ratable disability- you could claim the incarcerated colon under both secondary SC due to the 30 % condition-

as well as under Section 1151-

if the medical shows that VA failed to take proper steps to prevent the incarcerated colon leading to the surgery that you expect.

However the VA will only make one comp rating if either claim is successful.

I cannot understand why they did not medically retire you-

and I dont see any way to fight that.

"I was originally diagnosed, but not treated for hypertension while I was in the service. Over the years, every doctor that I have seen has commented on my elevated blood pressure, but never treated it as hypertension. Yet again, two months ago, my new VA primary care physician noticed it and has started me on meds for hypertension. This doc is great!!! I am truly impressed, and thankful."

This too is odd- was HBP mentioned on your discharge physical at all?

I would think the HBP could be directly service connected based on your SMRs- and secondarily service connected if the HBP could be due to the kidney problem ( there is strong medical association between kidneys and HBP in many cases)-

and this too, in my opinion, could be claimed under Section 1151 -if the VA documented your HBP, if the HBP was at levels that required treatment, and if they failed to give proper treatment for it and that this too (proven by medical evidence)could have compounded your overall disability status.

BUT-you stated you are unable to work due to these conditions now-

if you believe you will be unable to continue to work at all-after the surgery -I suggest that you apply for TDIU and SSA disability benefits.

You also might be eligible for Temporary Total Comp disability due to the surgery -hard to say at this point.

Do you have a complee copy of your VA medical Records?

If not I suggest that -after they do this surgery and have the file up to date with the surgical med recs, that you request a complete copy of your VA medical Records.

I see many ways to go here for a higher SC rating-

A veteran can claim more than one reason for potential service connection.

[jbasser]

I was discharged (EOC) from the USMC in 1995. I was told then that I could not re-enlist because I had lost a kidney in 1994. My MOS was 7320, KC-130 Loadmaster/IRO. Needless to say the clipped my wings right after the surgery in '94. I had a normal (EOC) discharge, no medical reasoning what so ever. Unfortunately, I didn't know any better. I navigated the VA process on my own receiving 30% for a right nephrectomy and 10% for ulcers.

I have been to the VA in 1995, 2001, and 2008 for the same consistent problems: severe cramping, nausea, diarrhea, weight fluctuations, just to name a few. The VA consistently told me there was nothing wrong. Finally, two months ago, after seeing my personal physician and the local civilian hospital complete with CT scans, the VA has found that my original surgical insicion has herniated, causing an incarcerated colon.

Thankfully, I will be having surgery next week at the VAMC Asheville to hopefully correct this. The VA doctor's prognosis is that the location of the hernia (right flank) is difficult to repair and even more difficult to keep repaired.

I was originally diagnosed, but not treated for hypertension while I was in the service. Over the years, every doctor that I have seen has commented on my elevated blood pressure, but never treated it as hypertension. Yet again, two months ago, my new VA primary care physician noticed it and has started me on meds for hypertension. This doc is great!!! I am truly impressed, and thankful.

My questions are:

1. Should I have been medically retired?

2. Can I claim the hypertension for retro?

3. What other things should I be aware of?

4. This most recent condition has already taken me out of my current profession as a forklift technician. Lost time, pay...

Thanks for any responses in advance. I will try to provide more details as needed.

Welcome to Hadit. Can you give me a breakdown of your SC issues.

Are you getting a SMK for the Kidney?

My questions are:

1. Should I have been medically retired?

Most folks can function on one Kidney as 1 will grow to handle the function required by two. I am not sure about a MEB for the Kidney as someone else would have to intervene who is more knowledgeable about this issue.

2. Can I claim the hypertension for retro?; As far as the HTN. You need to file a claim for it. It is a presumptive condition for 1 year after discharge. You have a diagnosis in service, but not treated. That should not matter. It actually depend on the level of the readings as to the severity of the HTN. If the readings are predominantly ( Majority of) less than 160 systolic or top number over 100 diastolic or bottom number than the rate may be a zero. As far as going back to get any retro for it it may be near impossible unless you did file a claim when you got out. But file the claim now the effective date will be the date th e claim was filed or the date entitlement arose whichever is later, most likely the date the NEW VA doc started you on the meds.

3. What other things should I be aware of? Be aware of the secondary conditions longstanding HTN causes. Heart issues, Vascular issues, Eye issues, Diabetes. It aint called the silent Killer for nothing.

4. This most recent condition has already taken me out of my current profession as a forklift technician. Lost time, pay...

The VA looks at Compensation as the amount of loss of earnings capacity caused by the Veteran s disabilities.

I have the following suggestions.

1: File a claim for HTN

2: Get a VSO if not already ( Veterans Service officer to run paperwork at the RO)

3: Obtain a copy of your Claims folder, Service Medical Records, Service Record, Private Records. (You may find more items you have not thought of).

Hope this helps.

J

Edited January 7, 2009 by jbasser

[vaf]

My husband retired over 20 in the early 1990's from the USAF. We had to fight to get a medical retirement, since my husband became very ill a couple of months after filing his paperwork for a normal retirement. It took Congressional intervention to get the original process stopped to put him on TDRL and go through the MEB/PEB process. The MEB guy at Lackland told me that I was being cruel to prolong my husband's stay at Wilford Hall, that we should just let him retire normally and let the VA take care of everything afterwards. We didn't believe him, and I'm very glad we disregarded this advice.

[john999]

The Army used to encourage soldiers to skip the discharge physical saying it would hold up their actual discharge date. I did not get a discharge physical and I bet most guys ETSing from Vietnam did not get one either. So thousands of vets were conned out of a discharge physical that might have turned up many compensable conditions.

[cowgirl]

Racemech. Welcome to Hadit, I wish your surgery will go very well. Yes, do get your records and read up. Yes, if you get a vso, ask around for a recommendation. (my first didnt work out). Yes, save a copy of each doctor exam you have from here on out. I learned the hard way, doc's clean files after 7 years. Even my va file has been, er, cleaned up now that its computerized. I even get a copy of regular exams at the va whenever possible.Gold.

I just got ssdi a short while ago, but should have applied for that and iu years ago on behalf of my family. Good luck on getting proactive with your much needed care and the compensation due you.

Cg'up2009

oh, my discharge physical was a 'white wash' quick ya feelin ok and out the door. Still some exit physical details helped.

Edited January 7, 2009 by cowgirl

[racemech]

Just a quick update on my situation:

Had surgery 1/14/09 at VAMC Asheville to repair the right flank hernea. Was released to my wife 1/17/09. Still chewing on painkillers, but moving much better. I have a new example of VA math:

The original surgical incision for the kidney removal was 10" with 20 staples. The new incision is 19" with 37 staples and this cut overlaps the original cut only 5". This brings my new scar total length to 24". My problem area was at waist level midway on my side. Now, my new cut goes almost to my shoulderblade.

However, I had the greatest care you could possibly expect from a VA facility. Everyone was great, all shifts. I didn't sleep much, so I got to know everyone in 3 West.

So, now I am currently searching for a reputable VSO.

I will be getting an updated copy of my VA medical records as soon as my current ordeal is put to bed.

I did have a suprise C&P exam on 1/13/09 for the hypertension. I say suprise exam, because I had not requested it yet, and they called the afternoon of the 12th for an appointment at 9am the next day. I won't look a gift horse in the mouth.

I will be keeping everyone posted on my progress, both medically and bereaucratically....