Hyperlipidemia

[stillhere]

Berta picked up on this a couple of years ago.

In my case for EED for heart disease I was diagnosed with hyperlipidemia that was noted in my SOC and my chest pains were denied as heart disease in 2003. I went on to have a heart attack in Oct.05 I then sent the VA the info of my hospital stay and surgery and was granted heart disease but only back to the date of my heart attack.

The case below states a law where if condition such as hyperlipidemia causes a disease it should be considered back to that date.

Will this help me if I refer to this law? Am i reading this right?

In this case, the Board notes the facts are not in dispute

and that the medical evidence of record includes findings of

hyperlipidemia. The Board notes, however, that

hyperlipidemia is not a disability for VA compensation

purposes. Nor is there any evidence of a chronic disability

having been incurred as a result of hyperlipidemia. The

Court has held that, in cases such as this, where the law is

dispositive, the claim should be denied because of the

absence of legal merit. See Sabonis v. Brown, 6 Vet. App.

426 (1994). Therefore, the Board finds entitlement to

service connection for hyperlipidemia must be denied as a

matter of law.

[jerrbilly]

I don't see where you would interpret this helping your case. If they were to Service connect heart disease it would go back to when you filed your claim or when the evidence shows heart disease was diagnosed.

Hyperlipidemia, in itself, isn't heart disease and there are many causes of heart disease such as genetic, diet, etc.

Jerr

Berta picked up on this a couple of years ago.

In my case for EED for heart disease I was diagnosed with hyperlipidemia that was noted in my SOC and my chest pains were denied as heart disease in 2003. I went on to have a heart attack in Oct.05 I then sent the VA the info of my hospital stay and surgery and was granted heart disease but only back to the date of my heart attack.

The case below states a law where if condition such as hyperlipidemia causes a disease it should be considered back to that date.

Will this help me if I refer to this law? Am i reading this right?

In this case, the Board notes the facts are not in dispute

and that the medical evidence of record includes findings of

hyperlipidemia. The Board notes, however, that

hyperlipidemia is not a disability for VA compensation

purposes. Nor is there any evidence of a chronic disability

having been incurred as a result of hyperlipidemia. The

Court has held that, in cases such as this, where the law is

dispositive, the claim should be denied because of the

absence of legal merit. See Sabonis v. Brown, 6 Vet. App.

426 (1994). Therefore, the Board finds entitlement to

service connection for hyperlipidemia must be denied as a

matter of law.

[stillhere]

I don't see where you would interpret this helping your case. If they were to Service connect heart disease it would go back to when you filed your claim or when the evidence shows heart disease was diagnosed.

Hyperlipidemia, in itself, isn't heart disease and there are many causes of heart disease such as genetic, diet, etc.

Jerr

Thanks for your reply. The reason I think this would help is that my heart attack CAD, ihd is totally connected to my having hyperlipidemia when I was having chest pains. The VA DXed it in 2003, and my cardio doc says that should have been and early indication, and led again to the cad/ihd that caused the heart attack.

This ruling says in part "there is evidence of a chronic disability

having been incurred as a result of hyperlipidemia."

That would be the basis for an EED.

[Berta]

"In my case for EED for heart disease I was diagnosed with hyperlipidemia that was noted in my SOC and my chest pains were denied as heart disease in 2003. I went on to have a heart attack in Oct.05 I then sent the VA the info of my hospital stay and surgery and was granted heart disease but only back to the date of my heart attack."

Can you scan and post that decision that granted the CAD back to 2005? Cover the personal stuff-before putting it here-

I see your point because untreated hyperlipedimia was a strong factor in my wrongful death claim.But Jerr is right too.

Still in order to get a better EED you would need to find a legal error in the 2005 award letter as I assume that claim is closed and the decision was final.

Can you give us a link to the decision where they said this?

"This ruling says in part "there is evidence of a chronic disability

having been incurred as a result of hyperlipidemia."

I used this symptom of high cholestrol (thus potential atherosclerosis) as I mentioned to prove wrongful death but this was but one factor out of over 40-50 entries in my husbands clinical VA records that showed they had misdiagnosed him in other ways too.He had extensive atherosclerosis of heart and brain

caused in part due to the hyperlipedimia which VA had failed to treat with statins and/or diet.In his case the VA could not rule out this symptom as evidence of untreated heart disease because there were so many other records that revealed heart disease.(ECHOs and EKGs and MRIs of brain etc))

Are you still able to work or have you applied for TDIU?

[Berta]

forgot to ask

"my chest pains were denied as heart disease in 2003"

Did they give you an EKG? Was it abnormal in any way?

The brief narrative on top of the EKG should reveal if there had been a possible cardio ischemic event in 2003.

What did VA attribute the chest pains to?

[jerrbilly]

In my case I have hyperlipidemia as a result from some of my medications that I take for my service connected condition. My Doctors call it medication-induced hyperlipidemia.

I'm just using my situation here as an example. I haven't had to go the route of having to claim heart disease "yet."

In my situation let's say I developed heart disease 10 years from now. Since it's already determined that my service connected meds are what's causing the hyperlipidemia I would stand a good chance in getting my heart disease service connected too. But I would have to do a little ground work because I would have to get my doctor to opine that my hyperlipidemia likely led to my heart disease but that would be about it since I already have current medical opinions about the connection between my meds and high cholesterol.

I'm kind of confused about your situation. Have you obtained any opinions regarding a connection between your high cholesterol and active duty? Or are you in the same boat as me and have high cholesterol as a result of some meds you take. Just trying to get a better understanding of your situation.

Jerr

Thanks for your reply. The reason I think this would help is that my heart attack CAD, ihd is totally connected to my having hyperlipidemia when I was having chest pains. The VA DXed it in 2003, and my cardio doc says that should have been and early indication, and led again to the cad/ihd that caused the heart attack.

This ruling says in part "there is evidence of a chronic disability

having been incurred as a result of hyperlipidemia."

That would be the basis for an EED.

[john999]

Jerrbilly

I don't think I would want to bet that the VA is going to SC you for heart disease ten years from now because you have high cholesterol from meds for a SC condition. Too many other factors are in play including your own genetics, weight, blood pressure etc. I would be taking a drug to reduce the high cholesterol now. My brother has been living with hyperlipidemia for 20 years. At what point can you say that high cholesterol is going to do him in from a heart attack?