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.

[stillhere]

"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?

Yes the claim was denied last in 2005 June I then had a heart attack actually 2 over the weekend and waited to Monay to go to my private PC He did a EKG and fiped out. Called the ambulance about 3 hours later I was in a hospital cardio room recovery. ER angiplasty found a blockade of 100% and 90% and another they did in 2007 of 40%.

I was granted SC for heart disease secondary to DM2 only back to the day of my hospital admission.

I have filed for IHD and am hoping to get SC to AO and also to fight for any earlieer edd if I have to go to the BVA.

This is wrong and in my private records I had already been DXed with DM2, PN and ED. My outside private doc was treating me with statins to address my hyperlipidemia.

So in 2003 I had risk factors of DM2, Hyperlipidemia, and PN and all the VA C&P did is a walking tread mill and a EKG.

Thank you very much for your comments I plan on seeing this out as long as I am living.

I have just been granted 50% for PTSD and doing Ok sometimes but I will not let this stress me.

I am now at 90% and still trying to work although the meds are having a toll on me.

[Berta]

"I was granted SC for heart disease secondary to DM2 only back to the day of my hospital admission.

I have filed for IHD and am hoping to get SC to AO and also to fight for any earlieer edd if I have to go to the BVA."

They are not going to SC both the CAD and the IHD because they will consider these as the same type of disability.

"So in 2003 I had risk factors of DM2, Hyperlipidemia, and PN and all the VA C&P did is a walking tread mill and a EKG."

The EKG would reveal if that had been any possible abnormal heart readings at that time.A brief narrative should appear on the upper right hand side of the EKG lead strip or in a subsequent medical record.

"I was granted SC for heart disease secondary to DM2 only back to the day of my hospital admission."

Can you scan and post the VA's rationale for that using date ?

Is this claim completely closed?

If so then the rating decision would contain any possible CUE for a better EED.

CUEs are made in interpretations of established medical evidence that involve using VA regs -such as Diagnostic codes incorrectly.

Do you have a vet rep to help you on this?

Will the cardio doc write up what he said for a formal IMO?

In your original VCAA letter they should have made a statement as to the EED they would consider. Did they?

Edited January 11, 2010 by Berta

[stillhere]

"I was granted SC for heart disease secondary to DM2 only back to the day of my hospital admission.

I have filed for IHD and am hoping to get SC to AO and also to fight for any earlieer edd if I have to go to the BVA."

They are not going to SC both the CAD and the IHD because they will consider these as the same type of disability.

"So in 2003 I had risk factors of DM2, Hyperlipidemia, and PN and all the VA C&P did is a walking tread mill and a EKG."

The EKG would reveal if that had been any possible abnormal heart readings at that time.A brief narrative should appear on the upper right hand side of the EKG lead strip or in a subsequent medical record.

"I was granted SC for heart disease secondary to DM2 only back to the day of my hospital admission."

Can you scan and post the VA's rationale for that using date ?

Is this claim completely closed?

If so then the rating decision would contain any possible CUE for a better EED.

CUEs are made in interpretations of established medical evidence that involve using VA regs -such as Diagnostic codes incorrectly.

Do you have a vet rep to help you on this?

Will the cardio doc write up what he said for a formal IMO?

In your original VCAA letter they should have made a statement as to the EED they would consider. Did they?

Hi berta, looks like it's just you an me on this and i appreciate all the help.

to your questions will have to go back to the info and see what it says. i will try and see if i can scan and post. id pretty good on the last one.

In regard to have not used one since my last denial back in 04 I think. I was at 40% then and have moved to 90% on my own. Of course I have gotten worse heart and PTSD 50% Got that just this year 09 only took like 60 days total went pretty good. The stressor was very hard! That of feelings there that I have been bitter quite a while over.

Getting help finally tried to bury it with booze and early on pot. Just have a couple of beers now and the meds I take.

I still have the county as my POA but that is only to keep the VA honest.

Thanks for your posts and direction you are GOOD! but you know that!

If I missed a question let me know.

[Berta]

IF the VA rated you as NSC on any rating sheet in the past- for anything that is now SC-then the diagnostic code they used could have been wrong because the diagnosis was probably wrong- and that could be where the CUE error is.

The county rep should go through all copies of any past decisions and rating sheets in their files.

We used to call them the Blue Sheets.

The Blue rating sheets that VA sends to the POA (at least they used to) always contained more info than what most vets got with their SOCs.

There would be copies of the same blue sheet rating info in your C file too.

[Sgt Schmidt]

Hello Berta,

I've been following this post closely. I have never filed for CAD or hyperlipidemia even though I was dx'd with it back in 99 by my private cardio doc.

I had a heart attack back in 2006. My tri's were in the 1200 range and cholestererol was in the 800+ range. I currently take lisinopril, verapamil HCL, isosorbide mononitrate, niaspan, simvastatin, folic acid,metoprolol tartrate,tricore,ranexa, and plavix.

Most of these meds are for the tri's and cholesterol and the others are for high blood pressure. Ranexa helps increase the blood flow through the small vessels to the heart muscle.

I filed for IHD back in November. Do you see any other possible claims here?

I have 4 stints, COPD + chronic brochitis.

Looking for guidance from an experienced pro. :-) And we all appreciate your help Berta.............

Jeff

[Berta]

Jeff -if yiou can prove any possible nexus (link) or any association of your COPD and chronciis broncitis to your service by all means file claims for these disabilities.

Do you have anything in your SMRS that could show that the COPD was due to service. It think the bronchitus might be considered part of COPD rating or as secondary to-

If you claim exposure to toxins, JP 4, or any other chemical exposures that caused the COPD etc, this will take proof of your exposure by virtue of your MOS and then strong medical evidence that link the inservice chem exposure and caused the COPD and bronchitis.

I assume the IHD is due to your service in Vietnam and therefore presumtpive but any other toxin exposure or any other situation that could have caused the lung disease would have to be proven and then associated by strong medical rationale to your COPD with no other possible etiology or cause for the COPD.

As you can well imagine any lung condition that could have smoking as a possible cause gives the VA a way out in paying those claims if the vet has history of smoking but they would have to have full medical rationale for that which could be combatted with an independent medical opinion.

An IMO doc would have to consider a smoking history aswell when opining on any claims that VA denied for that reason but I have seen claims at the BVA where the IMO doctor agreed the vet smoked but that factor alone could not have caused the extent or type of lung disorder the vet had.