hypertension New Ao Presumptive

[Berta]

I foresee problems in the new Ischemic AO heart disease presumptive disability-

this case shows what I mean.

Veterans might sure need to rely on ECHO reports and documented Ejection Fractions-and other evidence of atherosclerotic heart disease because heart disease can have many types of names yet only the "ischemic" type is within the new AO presumptive addition.

"The Veteran's death certificate shows that he died from

congestive heart failure. The VA physician who wrote the VA medical opinion in April 2009 concluded that the Veteran's congestive heart failure was not due to ischemic heart disease or hypertensive vascular disease. However, he made no mention of the February 1986 private medical record showing nonspecific ST-T wave changes, the October 1986 chest X-rays showing arteriosclerosis, or the diagnoses of generalized arteriosclerosis and essential hypertension in January 1987. His opinion appears to have been based on an incomplete history, and it is not sufficient to rebut the presumption of service incurrence for atherosclerotic heart disease and hypertensive vascular disease. See 38 C.F.R. § 3.307(d). During the Veteran's lifetime, he was diagnosed as having arteriosclerosis and hypertension. Since atherosclerotic heart disease and hypertensive vascular disease (and their complications including congestive heart failure) are connected to service by presumption in light of the Veteran's POW status, and he died from congestive heart failure, service connection for the cause of the Veteran's death is warranted. Reasonable doubt has been resolved in the appellant's favor. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1991). ORDER Service connection for the cause of the Veteran's death is granted. From:http://www.va.gov/vetapp09/files3/0924239.txt

Edited October 17, 2009 by Berta

[sweeper68]

Berta, No correspondence at all except for acknowledgement of the reciept of my SF-95. The time frame is close to the 6 months, but I will check to see exactly when they got it. I am going to request copies of the VAOIG medical review under FOIA and see what tranpires. And if they decline my request have them cite the CFR regulation as to why I am not entitled to it ! I would retain an attorney if I can find one willing to take it on. You mention going against the VA and most attorneys go haywire and run ! LOL.. I guess they feel if it's not a slam dunk, then forget it. But I can assure you if I were dead they would jump on it like a chicken on a Junebug! They seem to be afraid of the causation clause in a heart attack since it is hard to nail down. But No treatment on a diagnosed disease is malpractice any way you shake it ! And I'm afraid the they will use this tactic in finding vets SC for IHD in this current AO announcement by Shinseki. When I find the date on the SF 95 I will post again with the date and how they respond to the FOAI request. I will probably end up going Pro Se and they of course have the upper hand as they usually do. But if I go down. I will go down fighting! And again thanks Berta your experiences have been very helpful .. Sweeper [ Berta ,] From following the posts by Stillhere his case sounds exactly like another vets experience I know. He presented with chest pain and was told by the ER Cardiologist he was not having a MI and sent him home. The next day he had a major MI and a Coronary bypass x 4 !! He also filed an 1151 and FTCA and like the rest of us (still waiting) he had a traveling BVA hearing and it is still in limbo land. I find it odd that they can use the (known or should have known clause) as a potential bar to FTCA, when the VA doctors are given a pass on the very same rule !! If anybody should know if one is having a MI and or Heart Disease it would be a doctor. It falls in the area of Failure To Treat does it not? As an additional thought Berta, would you possibly know how one would go about checking the PCP's credentials? The clown I had was from India and has been charged with Medicare fraud shortly after the VA cut him loose! I am not sure he was authorized to practice medicine in the U.S. Does a web site exist where one could check out a physician? ....Sweeper

[Berta]

"Does a web site exist where one could check out a physician?"

Many doctors to include VA doctors are listed at Healthgrades site.

I forget what it costs to get background info there.

The National Practitioners Data Bank sends information on any doctor -VA or non VA who has been found gnegligent.

Each state should have their own data base via their Department of Health and Human Services where any doctor who has been disciplined for negligence should have a public free report there.

The VA reporting requirements are

only if a settlement has been reached through FTCA claim-

then the VA is mandated to report the doctors involved in the FTCA case.

I found out however that VA never reported ANY of the VA docs who malpracticed on my husband.

And no one at VA so far can tell me why.

A discipline report against a doctor can help with any 1151 or FTCA claim.

A FTCA malpractice lawyer I email once in a while was stunned to learn that 1151 claims if successful-stop there and NO discipline whatsoever occurs regarding the doctors involved.

He was wondering if VA does report FTCA docs and I had proof that they dont.A GAO report also found them failing to properly report FTCA matters to NPDB.

[steve&pat]

These I have been using-- even has my va DRs listed STEVE & PAT

http://www.ratemds.com/social/?q=node/11&country=0 http://www.vitals.com/doctors/#spec_state

[johnjjr]

Berta,

I was dx 'd coronary atherosclorotitic heart desease in Mar '01 w/ cardiac dysrythmia. In Apr '01 ,a MUGA scan revealed an EF of 48%. Every ecg I've had since then has shown abnormal ST & T waves. The 3/25/04 ecg stated : ST 7 T wave abnormalities, consider lateral ischemia. A Jan '09 Left heart cath revealed a RCA 60% stenosis. It also showed an EF of 50% which they called low normal.

Do you think I have basis for a claim for ischemic heast desease?

[Berta]

If you were incountry Vietnam Veteran-

YES file a claim for IHD due to Agent Orange.

Secretary Shinseki's statement is here at hadit that IHD,Parkinson's and Hairy Cell Leukemia are going onto the AO presumptive list.

The actual regulations have not been developed but there is no reason why you cannot file a claim ASAP.

I still cant believe this happened in my lifetime- IHD due to AO declared as a presumptive AO disability.

Even if I had lost my 6 year AO death claim a few months ago - I could have been awarded under this new presumptive.

If you have any complications secondary to the IHD -such as cataracts directly due to the atherosclerosis -claim them too.

[johnjjr]

I was boots on the ground and in the paddies.

I have cateracts. how do I connect them to atherosclerosis?