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

[akwidow]

does a section 1151 claim have a statute of limitations and if so, what is it?

[Commander Bob]

does a section 1151 claim have a statute of limitations and if so, what is it?

I looked this up from a 2005 Hadit post:

1151 claims are for injuries that will be rated 'as if' service-connected in cases where a veteran suffers injury, aggravation of an injury, or death as a result of VA medical treatment. The injury may have occurred during surgery, inpatient or outpatient care. If this resulted in an additional disability, the veteran can be compensated to the extent of that disability. If the VA hospital admits its error, compensation will be under the same VA rating schedule of disabilities that applies to all other service-connected conditions. If the hospital refuses to admit that it made a mistake, then you will need expert medical evidence to prove that such VA Medical Center (VAMC) treatment fell below the standard of care. Alternatively, a veteran can file a claim with the Dept. Of Veteran's Affairs (DVA) for medical negligence or other types of personal injury under the Federal Tort Claims Act (FTCA), provided the veteran timely files Standard Form 95 (obtainable from any federal courthouse) within two years from the date the veteran knew, or should have known, of the injury.

Edited October 17, 2009 by Commander Bob

[akwidow]

two years from known, or should have known...sounds so ambiguous. How do you figure when "should have known" was? Cause my vet never knew, and now he is dead.

[stillhere]

Stillhere-if the VA was telling you that you didnt have heart disease and/or DMII- and you in fact did- this is basis for FTCA case (if you are still within the 2 year SOL)as well as a Section 1151 claim.

I assume you are an AO vet and this is why they awarded for the DMII and heart condition?

I suggest that you definitely read over the Nehmer Court Order and the EED link at NVLSP.

DMII went onto the presumptives for AO in May 2001. I think they might owe you some Retro!

This is the link-http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-nehmer-retrobenefit.htm

The VA challenge they mention re CLL didnt work-I helped a CLL vet challenge it and he got his proper EED.

The article is dated but still- it pays for Every AO vet and/or widow to read the EED rules under Nehmer.

Example is my case-Rod died 15 years ago.

DMII never appears in his med recs at all.

I proved they misdiagnosed him and in April BVA awarded death due to AO complications from DMII.

My EED is 1994.

They are still trying to figure out the retro.

Hi Berta, in 2003 I was granted DM2 and NP with ED which brought me to 40% I was denied Heart disease. I took this to NOD trying to get the heart secondary to my DM2 the VA denied my NOD In 2005 June. In Oct. 25 of 05 I had what my doctor called two heart attacks over the weekend and damaged my heart by waiting to go to the ER.

I filed in Jan. 2005 and was awarded ONLY from the date of my MI and not given any retro at the time.

I think the heart disease was there back in 2003 but I only had VA docs at the time and they all said I was healthy and said the chest pains were from pulling something in my chest!!

[Berta]

"I filed in Jan. 2005 and was awarded ONLY from the date of my MI and not given any retro at the time."

Did you NOD that date?

"I think the heart disease was there back in 2003 but I only had VA docs at the time and they all said I was healthy and said the chest pains were from pulling something in my chest!!"

What medical ecvoidence did they base that on?

I proved heart disease for 6 years leading to death of my husband and yet 'heart disease', myocardial infarction' ,'cardio vascular disease' etc etc

not a single term for diagnosis of heart disease ever appears in his med recs,

The only thing there was noted "RO CAD", and"W/O CAD", 2 abnormal EKGs and an ECHO.

None of it was acknowledged or interpreted by VA for any diagnosis or treatment.

In your case when they diagnosed DMII they could have done EKGs or other tests that would reveal existent heart disease.It is possible that you did not have CAD at time of the DMII diagnosis but heart disease is so prevalent in diabetics that they should have ruled it in or out .

You need to look over all of your med recs carefully to see if there is anything at all there indicating any potential and ratable heart disease prior to the actual MI.ANy EKGs or ECHO reports would reveal heart disease.

EKGs and ECHOs are difficult to read.I found some medical texts at a yard sale (this was prior to the internet as it is today) in order to read EKGs in my husband's VA med recs and prove he had heart disease and to determine what RO CAD and WU CAD meant.

It might well take an IMO if you do have these reports in your records prior to the MI.

Do you have the full narrative of the MI? and of any other medical tests they did when you had the heart attacks?

[stillhere]

Hello again Berta,

I just got off the phone for a half an hour beleive it with my VA regional office.

I really wanted to know how the VA was going to apply the new rules on the IHD but the nice lady went ahead and put in an informal claim for an earlier effective date for me.

In 2003 when I was granted DM2 and PN I was also granted a noncompensation for HBP I guess that means 0%.

I have only been given a stress walking test with and ekg and that time and a chest exray nothing else. I know my blood work showed hi choelstreail reading and that was about it that I can remember. When I appealed they just denied with the same material and sent me a SOC. I will have to go back and look at that.

I still have not been able to track down the Fast Letter for the Heart Disease if someone has that or knows where a Link would be appreciated.

Thanks again, Stillhere