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A Claim So Easy


nsallies

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This should be "A claim so easy a Caveman could do it"..but its not because the VA is processing the claim. While in the service I was hospitalized for 3 days in the CCU. I was admitted through the ER with chest & jaw pain. The bloodwork showed elevated cardiac enzymes so I was admitted and treated with nitro drip,heperin drip and O2. They did 3 blood draws and the third (18 hours later) was within normal limits. Upon discharge I did a stress test which had slightly abnormal T-waves. The diagnosis was GI reflux. Some months later I was at a follow up and it was noticed for the first time I had a murmur but they said it was benign. I filed a claim and was granted 0% for mitral valve prolapse. 4 years after seperation(2005) I had a massive heart attack losing 50% of the heart muscle and have to take a hand full of meds every night for hypertension,cholesterol,something to keep my heart beat slow ect. I went to a local internal medicine doctor in 08 (VA couldnt get me in for 3 months or so) because I was having chest pains again. While there the DR told me that anytime you have elevated cardiac enzymes it means heart muscle damage most likely caused by heart attack. I didnt have a copy of my smc to get an IMO connecting the heart attack with the hospitalization while in service. I sent in a claim to connect the massive heart attack with my service hospitalization. I have a C&P exam sceduled through the QTC to determine the extent of dissability. I dont know if the VA is going to connect it with service or not. If I could just get my SMR (requested with all legal jargon 10 months ago) it would be so easy just to take it to my own cardiologist, he would look and see that I was hospitalized with "elevated cardiac enzymes" while in the service and state that I had a heart attack while in the Navy and that would be that. So any advise for the QTC exam? It will be a stress test. And does by my having an elaluation by QTC mean that the VA is service connecting the Heart problems?

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This should be "A claim so easy a Caveman could do it"..but its not because the VA is processing the claim. While in the service I was hospitalized for 3 days in the CCU. I was admitted through the ER with chest & jaw pain. The bloodwork showed elevated cardiac enzymes so I was admitted and treated with nitro drip,heperin drip and O2. They did 3 blood draws and the third (18 hours later) was within normal limits. Upon discharge I did a stress test which had slightly abnormal T-waves. The diagnosis was GI reflux. Some months later I was at a follow up and it was noticed for the first time I had a murmur but they said it was benign. I filed a claim and was granted 0% for mitral valve prolapse. 4 years after seperation(2005) I had a massive heart attack losing 50% of the heart muscle and have to take a hand full of meds every night for hypertension,cholesterol,something to keep my heart beat slow ect. I went to a local internal medicine doctor in 08 (VA couldnt get me in for 3 months or so) because I was having chest pains again. While there the DR told me that anytime you have elevated cardiac enzymes it means heart muscle damage most likely caused by heart attack. I didnt have a copy of my smc to get an IMO connecting the heart attack with the hospitalization while in service. I sent in a claim to connect the massive heart attack with my service hospitalization. I have a C&P exam sceduled through the QTC to determine the extent of dissability. I dont know if the VA is going to connect it with service or not. If I could just get my SMR (requested with all legal jargon 10 months ago) it would be so easy just to take it to my own cardiologist, he would look and see that I was hospitalized with "elevated cardiac enzymes" while in the service and state that I had a heart attack while in the Navy and that would be that. So any advise for the QTC exam? It will be a stress test. And does by my having an elaluation by QTC mean that the VA is service connecting the Heart problems?
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1) Upon discharge I did a stress test which had slightly abnormal T-waves. The diagnosis was GI reflux.

It will be a stress test.

2) And does by my having an elaluation by QTC mean that the VA is service connecting the Heart problems?

nsallies,

1) I don't think that a cardiologist you have today, can make much impact on changing the

discharge diagnosis of GI reflux, from back then.

2) NO.

Others will chime in.

jmho,

carlie

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I have been to 2 cardiologists now they both say "Anytime you have elevated cardiac enzymes it means heart muscle damage and 99% of the time it is due to a heart attack". So as soon as I get my SMC(its only been 10 months since I requested them) I can get at least 2 IMO's stating that the GI Reflux was a misdiagnosis and that the 1st Heart Attack was in the Navy.

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nsallies,

1) I don't think that a cardiologist you have today, can make much impact on changing the

discharge diagnosis of GI reflux, from back then.

2) NO.

Others will chime in.

jmho,

carlie

Just got my award letter 20Jul10 30% Service connected Coronary Artery Disease !

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WOW - this is great.Elevated cardiac enzymes are a marker for heart disease.

I see you have 70% -does that include the 30% for heart disease? Are you able to work? If not did the VA send you a TDIU form?

It is a shame that the Feres Doctrine prevents suing the Military when they misdiagnose like this.

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When you request medical records,you have to give the name of the military hospital you was a patient in also the year and month.

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I am wondering if there is a possibility of a 1151 or tort claim here?

One thing I do want to tell you is that if you have ANY problems during the stress test with QTC have them stop the test and take appropriate action! Stress tests have been know to bring on heart attacks. The VA requested a stress test on me not to and I had my private cardio doc approve it first. He would not approve a walking one but I did try and we ended up having to do a non exercise test.

In 2003 I filed for chest pains and was told by the QTC tester that I was fine yet my LVE was at 50% and the VA denied my claim. I appealed in late 04 and was given another QTC stress test and denied in June of 05. I had a heart attack in Oct.05 and am living now with a 40% damaged heart muscle.

Not trying to scare you mind you but as you are finding out dealing with the heart make sure you are getting good info and read up on taking care of yourself.

Oh yeah in Oct. 05 they found blockages of 100%/70%/40% now they did not happen over night!!

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If you want to die go to the VA ER with chest pains or even more subtle signs of heart attack. If my wife had gone to VA ER (via ChampVA) with her gut pains due to diverticulitus they would probably have told her she had GERD and sent her home so her gut would have blown out, and she might have died. VA is ok to manage chronic low risk problems. It is not ok to manage heart problems, serious DMII or anything that might kill you. If I had any serious medical issue the last place I would go would the the VAMC. They bury their mistakes. Their worst sin is to identify a severe problem and then not follow up with proper referral.

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Stillhere asked -

"I am wondering if there is a possibility of a 1151 or tort claim here?"

"In 2003 I filed for chest pains and was told by the QTC tester that I was fine yet my LVE was at 50% and the VA denied my claim. I appealed in late 04 and was given another QTC stress test and denied in June of 05. I had a heart attack in Oct.05 and am living now with a 40% damaged heart muscle."

That is VERY possible. Do you mean LVE as the left ventricular ejection fraction?

I have been copying my evidence for a AO SC rating posthumously on my husband's IHD due to AO.This is for accrued Special Monthly Compensation under Nehmer.I have a CUE pending for same thing under 1151 as the VA -as you know- did admit to misdiagnosis of heart disease etc =awarding me DIC unde3r 1151 which was changed recently to direct service connected death DIC.

My point-

the sole evidence I had for my FTCA case and Sec 1151 claim to prove the misdiagnosed heart disease was one VA ER certificate from 1988 , 2 EKGs and one ECHO. (and of course an autopsy and death certificate but I only had these minimal records in my husband's clinical files generated in his lifetime.*

Have you gone over any EKGs and the ECHO (if they ever did one on you) to see when they should have diagnosed and began treating your heart disease?

* A VA Peer report (necessary for any FTCA claims) was done within months after I filed the FTCA claim-which suddenly disappeared from the C file and was never used as evidence. It totally revealed my husband had ischemic heart disease evident in the VA ER visit in 1988 and that VA doctors had evidence further in the EKGs and ECHOs to properly diagnose and treat him for heart disease but they didnt.That was months after I filed my FTCA case and the 1151 claim.The VA regional Counsel called me and told me he wanted to negotiate a settlement based on my findings and this Peer report.WIthin 4-5 months after filing the claims.The report covered and agreed with every medical basis I had raised in my FTCA/1151 claim as to the IHD. Then the regional counsel and the VA doctor disappeared too.(They both suddenly retired)With me having no way to obtain the Peer Report which VA then said had never existed,this strung my claims out for another 3 years each.It is odd to read this 6 page report that both the Cardio doc and the RC lawyer confirmed the VARO had, yet per VARO Buffalo-it was a figment of my imagination.Will the VA lie regarding FTCA and 1151 claims? Of course.

I mention this to show you how difficult the VA is to deal with when they get claims like this.In 2003 when I re opened my claim I asked for copy of my C file and the Peer report that never happened was sitting right at the bottom of the stack.I am using it as evidence for my IHD claim.

If the VA malpracticed on you evidence of malpractice will be found in your clinical VA medical records.Malpractice has a paper trail-not always very easy to find but it will be there.If past VA EKGs revealed they didnt do any follow up work ups in light of significant documentation that there was a potential medical problem with your heart,that is malpractice.

I cannot determine if the statute of limits for FTCA has expired in your case.

Or if Sec 1151 would benefit you- do you get 100% now and if so what for?

If your heart disease is not SC yet-by all means file for 1151 compensation if your documentation reveals you had untreated heart disease.

"Oh yeah in Oct. 05 they found blockages of 100%/70%/40% now they did not happen over night!!"

Was that from the ECHO report as to any occlusion percentages? Yes you are right- this sure did NOT happen overnight.

I am assuming it was from the ECHO report and that is prime facie evidence of malpractice if it shows blockages prior to those past denials with no treatment or proper diagnosis of heart disease prior to the Oct 2005 heart attack.

Edited by Berta
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My total is 50% Depression/anxiety/agoraphobia 30%Migraines and now 30%Coronary Artery Disease for a total of 80%. I applied for TDIU Aug 08 was denied May 09 sent a notice of Disagreement. Went to Voc. Rehab found eligible but was infeasible for them to provide services because of my service connected health/mental issues was found unemployable. Fowarded a copy of this in Mar 10 to My DAV rep. she took it to the DRO. I hear my case is up for review in 6 months or so. I have to go for re-evaluation on all service connected disabilites (except Coronary artery disease) in about 3 months. I just went for re-evaluation and sent an IMO in May of 09 but am having to do it again. I cannot work I almost pass out from doing dishes if I stand in one place to long.

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I dont know what I can do now, the heart attack caused 50% heart muscle damage. I am on continuous meds for hypertension and cholesterol. A result of the heart attack was restricted blood flow to the brain so I now have frontal lobe atrophy which causes short term memory loss. I had two small writing pads to write down stuff I might forget but I forgot where I put them. I wonder if the coronary heart disease could be increased if I added a claim for the brain injury.

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I gave them the year,month date ect. In your military medical records you have an Inpatient record and an out patient record. This was the only time I was hospitalized while in the Navy. I called a Vet. Attorney and he gave me all the legal jargon(codes, privacy act , to ensure completeness and accuracy ect) to write a letter requesting service medical records and entire C file. This was in may 09.

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