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

[Chuck75]

It's gonna be interesting to see how the VA tries to wiggle out this time!

Ischemic heart disease is a very broad definition of what happens when a heart is damaged by loss of blood flow. (The chief reason behind a "heart attack".

The NIH obviously tried to be as general as possible. Now, the VA will try to change the accepted meaning or add qualifiers that will likely limit the VA's liability.

In actual fact, based upon personal experience, A.O. exposure impacts the endocrine system and the inflammatory/immune systems of a veteran.

The inflammatory effects can actually be beneficial over a short time frame, and disastrous over the long term. Seems that the inflammatory reaction causes problems with the blood vessels that eventually can result in buildups within the blood vessels, high blood pressure, blood clots, occluded arteries, PAD, Bruie problems with the neck arteries, (potential strokes and blood clots in the brain), etc.

In other-words, the effects of A.O. are spread throughout the body, not limited to any one area or system.

Thanks so much Berta. My freind has been on appeal with the BVA for about 10 years. They denied his heart disease secondary to PTSD. Since his first appeal, he's had by pass surgury and needs a stent, but has to heal his cholostomy infection. He was exposed to AO, and his 30 y/o son a couple of years back with colon canncer. I want to give him some good news, for a change. Please let me know when you see this proposed rule at the FedReg. Thanks again. ~Wings

[john999]

Chuck75

The first indication I might have some CAD problems was a CT scan I got of my legs. I had a lump on my shin. The CT scan showed clacification in my arteries, or some such symptom of arterioscelorsis(spelling). This alarmed me. I filed for this as secondary to DMII. I was first awarded 0%. I filed an appeal and got more tests. I had a C&P exam done by an idiot PA. She just BS'ed her way through the exam. I asked for a DRO and got 60% rating. I found out about the connection between artery disease and DmII from the VBM. The tests I got from the VAMC were just awful. I had a treadmill stress test. That showed ischemia. I got a chemical stress test that showed nothing. Somehow I got a 60% rating. I never sat down with a cardiologist for a C&P exam or any consultation. I got that on my own. I have a familiy history of early heart disease . The VA knew all this. They did no follow-up. You go to the VA with obvious history and symptoms of cardio problems don't expect follow-up. You have to insist. If I thought I was having acute heart problems the last place I would go would be the VA. The VA says they want to own my medical care for the rest of my life. If they own my care I may have a short life. They have medical records online and all sorts of high tech stuff, but the review of your history is not done because that takes a few minutes and they PCP's don't have time. It is malpractice to just look at the first page of your latest history, and ignore the flashing danger signs from six months ago.

[sweeper68]

Sorry for the delay in answering Berta. The first letter I recieved after filing the 1151 stated I was SC Hypertension on a Direct Basis and since I was already SC on a DB I could not file for 1151 benefits. But the HBP was awarded secondary to PTSD and this would result in pyramiding.. They changed my rating from CAD to CHF and finally Post Coronary Bypass graft 100%! And then retro'ed it back to the date of the MI. And 100% PTSD in increments of 50-70 and finally the 100% PT. It seems they can't decide what rating will cover their ass. I have echo and X ray records showing enlarged heart and abnormal ekg on 2 different C&P exams. blood tests shows high triglicerides and cholestrol. this was never addressed nor treated. And AO was denied in 96. So I believe I have a solid case.. And here is the kicker. I was awarded retro pay $62,000.00 and Ch. 35 in 02 after my MI and sending letter of my intent to file an 1151. In other words they awarded 1151 while not stating that they did!! Why? because they would lose hands down in the Tort claim.. I don't care if I recieve another dime I just want this resolved and for the VA to take better care of us veterans! Maybe current and future vets will get better care as the result of my actions!! And yes I was incountry in Vietnam 67-68 combat engineer lll Corp central Highlands Thanks for sharing your experiences with us.. Larry

[Berta]

You did well here-

Do I understand 100% P & T for PTSD and then additional for the heart and HBP?

Do you fall into any SMC levels?

And do you mean you get direct SC now for the heart condition?

[sweeper68]

You did well here-

Do I understand 100% P & T for PTSD and then additional for the heart and HBP?

Do you fall into any SMC levels?

And do you mean you get direct SC now for the heart condition?

Yes I am 100% PT PTSD and 100% Post Coronary Bypass 10% HBP 10% Knee . And yes on the direct SC for Heart bypass. I recieve the Housebound rate because of the 100% and an additional 100% rating. My objective is to have my 1151 fully adjudicated as well as the FTCA claim. I believe the reason for the flip flopping on my rating designation is because they knew this about IHD a long time ago. They just observe us and see what happens with the dioxin exposure and the resulting health problems we develope ! AKA Guinea pigs. I called the Benefits phone # and the lady asked if I wanted to go ahead and file for IHD. and I said why. so it can be added to the never ending claims process ? I will not give up the fight and will probably croak with several NOD's pending ! Want to hear how bright they are? The rated me for post coronary bypass all the way back to 96. I corrected them by letting them know my heart attack and surgery did not occur until 2000..I have plenty of evidence of negligence and an inner office memo between my congressional laison rep and a review officer discussing discouraging me on filing an 1151 claim! I also have my complete C-file and medical records from that time period. I just want a chance to present my case to people that have a clue.. Good Luck with that eh! Thanks for listening Berta Sweeper

[john999]

I talked to a vet today who was a RVN vet and I could not get it through his head that his heart attack might be presumptive for AO.