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]

John, here's a case I already posted below granting service connection for CAD from hyperlipidemia in service. Also, a vet couldn't get service connected for liver failure from alcoholism in service since alcolohism is considered misconduct unless it's secondary to something else.

Jerr

http://www4.va.gov/vetapp09/files3/0921941.txt

john posted:

I can see the VA really fighting back hard against vets who have high cholesterol readings in service and then have a heart attack 20 years later. How can you say that is service connected? But I see where a vet could be discharged for alcoholism and then 20 years later have his liver fail and that could be SC'ed, so I guess anything is possible.

Edited January 8, 2010 by jerrbilly

[Berta]

Right -Allen V Principi-

http://www4.va.gov/vetapp09/files2/0914199.txt

In this case- an award of DIC to the widow- the veteran had abused alcohol and his cause of death was directly due to alcohol abuse by medical evidence.

However it was shown by medical evidence that the veteran's SC disability caused and contributed to the alcohol abuse and was not deemed "willful misconduct."

Under the Allen V Principi decision from the CAVC-as explained in this BVA decision-

the veteran's death was found due to be service connected.

[stillhere]

Right -Allen V Principi-

http://www4.va.gov/vetapp09/files2/0914199.txt

In this case- an award of DIC to the widow- the veteran had abused alcohol and his cause of death was directly due to alcohol abuse by medical evidence.

However it was shown by medical evidence that the veteran's SC disability caused and contributed to the alcohol abuse and was not deemed "willful misconduct."

Under the Allen V Principi decision from the CAVC-as explained in this BVA decision-

the veteran's death was found due to be service connected.

Hi Berta, Looks like the thread has wandered a little bit.

In my first post I was referencing the case of XXXXX vs Brown how do I fine that particular president setting case?

If the case says what I hope it does. That if a syptom is DXed and not addressed by the VA and that symptom goes on to cause a chronic condition then there is bases for award.

Thanks, Stillhere

[Berta]

stillhere -I dont interpret the Jan 6th excerpt from an unidentified BVA decision at all in the same way you do-the one that referred to Sabonis case-if that case is what you mean by your first post-

I do think that case Jerrbilly posted was superb and a good template for anyone with similiar claim.

If a real medical doctor can give a complete medical rationale to back themselves up-they could help SC anything in service to a present disability but chronicity is always a factor-

[stillhere]

stillhere -I dont interpret the Jan 6th excerpt from an unidentified BVA decision at all in the same way you do-the one that referred to Sabonis case-if that case is what you mean by your first post-

I do think that case Jerrbilly posted was superb and a good template for anyone with similiar claim.

If a real medical doctor can give a complete medical rationale to back themselves up-they could help SC anything in service to a present disability but chronicity is always a factor-

hi Berta,

The way I see the case I posted is that the BVA used the Sabonis case to denie the appeal as I symptom not a chronic disease.

The reason they did that was because the symptom did not evolve to a chronic disease associated it with it.

In my case the symptom of hyperlipimdia is a known risk factor of IHD which is a chronic disease and was caused by the hyperlipimedia.

In the case of Sarbanis vs Brown the symptom led to a chronic disease so it was granted.

If I could find the case and show it, would help. I can not seem to find the law.

Ok back to my case, at my last meeting with my private cardio doc I asked him if a diagnosis of hyperlipimedia would cause the patient to be treated for it. He said most assurdly. The VA never treated it and it led to IHD/CAD.

I also asked him if I had this, was this a warning sign or could it cause a chest pain he said yes again. I said would my condition have been dxed by a blood test and a stress test only? (no echocardiogram done by the VA) He said the hyptherpideia yes, but not the % of the blocked arteries. The only way would have been to do a cath if there was a DX of hyperlipimdia and he went on to say he would have ordered one and it absolutely would have prevented my myocardial infraction and also would have prevented the heart damage.

Now I plan on filing for a reopen request based on this and ask for an earlier effective date of 2003.

What do you and the others think?

[Berta]

"n 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."

"Ok back to my case, at my last meeting with my private cardio doc I asked him if a diagnosis of hyperlipimedia would cause the patient to be treated for it. He said most assurdly. The VA never treated it and it led to IHD/CAD.

I also asked him if I had this, was this a warning sign or could it cause a chest pain he said yes again. I said would my condition have been dxed by a blood test and a stress test only? (no echocardiogram done by the VA) He said the hyptherpideia yes, but not the % of the blocked arteries. The only way would have been to do a cath if there was a DX of hyperlipimdia and he went on to say he would have ordered one and Ok back to my case, at my last meeting with my private cardio doc I asked him if a diagnosis of hyperlipimedia would cause the patient to be treated for it. He said most assurdly. The VA never treated it and it led to IHD/CAD.

I also asked him if I had this, was this a warning sign or could it cause a chest pain he said yes again. I said would my condition have been dxed by a blood test and a stress test only? (no echocardiogram done by the VA) He said the hyptherpideia yes, but not the % of the blocked arteries. The only way would have been to do a cath if there was a DX of hyperlipimdia and he went on to say he would have ordered one and it absolutely would have prevented my myocardial infraction and also would have prevented the heart damage.

Now I plan on filing for a reopen request based on this and ask for an earlier effective date of 2003."

a re-open? are you beyond the appeal period?

Is the cardio doctor going to write this up as an IMO?

If he states in writing what you stated he said above this could possibly be also basis for Section 1151 claim and even a FTCA claim if your knowledge of this was within the last 2 years ( Statute of Limits for FTCA claims)- 1151 claims have no SOL.

Did your VA med recs (the blood chem reports) reveal significantly high Trygly readings with low cholestrol readings prior to the CAD diagnosis?

I might have asked before- I forget- did the VA do anything such as prescribe statins or put you on a diet in order to lower the hyperlipedimia affects?

In my husband's case part of my evidence that they caused his death was that they would put a little check mark next to his glucose and cholsterol (trygly) readings appearing to monitor them yet they ignored 2 abnormal EKGs and an ECHO -all revealing heart disease and even the ECHO cardio doc told me there was nothing wrong with his heart.He never dreamed I would study cardiology and was able to use all of these records to prove they killed my husband.

If you can prove with a strong IMO from your cardio doc that the VA had enough reason to porder further testing based on your hyperlipedimia and they did not follow standard medical work ups and treatment consistent with what the standard medical community would use-you have the basis to file FTCA case against them as well as Section 1151 claim.

These cases are often like the Watergate questions- what did they know and when did they know it-

What did VA have as medical evidence in your clinical record prior to the heart attack to have caused them to do more testing to rule in or out CAD and when did they know they should have done more for you?

Were their any other factors at all in addition to the hyperlipedimia that should have caused them to give you further treatment? I too only discovered my husband had hyperlipedimia in a doctor's statement in an old SOC.It was then I started to connect the medical dots to his otriginal CAD that VA misdiagnosed.

Were there factors that lent them to NOT look further for heart damage due to hyperlipedimia?

There is a lot to FTCA and 1151 claims- are you within the reconsideration- NOD one year period?

When did the VA do EKGs on you and what did the short narrative say on top of the EKG strip?

Even without an ECHO an EKG strip can often reveal a possible past myocardial infarction.

I think VA overlooks hyperlipedimia in many veterans with this. It is only a symptom but can lead to serious heart disease in many cases.

It sounds like in your case the cardio doctor saw it had not been properly assessed with further testing.

If he is willing to support an IMO for an FTCA ,1151 or a re-open for better EED he will need every clinical record the VA has regarding your care.And even the SOCs.

Or is this decision final and you have to re-open?

Edited January 10, 2010 by Berta