diabetes Question On Nehmer

[VNVetwife]

My husband had a heart attack in 2005,had stints put in , also was diagnosed with IHD. He didn't file claim,because it wasn't on AO list. Then in 2006 ,he was diagnosed with DMII ,, he filed on this , { and PTSD,he has always been bothered with PTSD, nightmares,flashbacks , etc,,.ever since he came back from Vietnam , he was, different as night and day when he came back home , ,but wouldn't go to VA for help }... Doctors took him out of work in 2006 , applied for SSDI,, sent all private doctors records in, and was approved for that. VA approved him 20% DMII , 30% PTSD.In that letter ,it stated they couldn't approve heart , secondary to DMII , because heart attack came first , before diabetes......What I was wondering ,would that come under Nehmer,since they referred to the heart in the approval letter , but denied it secondary to DMII , because heart attack was first. I was reading on some posts on VBN and they were talking about { inferred claims } , whatever that means,didn't really understand about all that........If anyone wants to have an opinion or answer , I would appreciate it very much. WE will just be happy if they approve these new persumtives ,,,maybe that would raise his rating enough that he would get his meds, without a co-pay , that would help a ton..,,,He takes 4 BP meds a day ,not counting all the rest of his meds , has acid reflux , artheritis ,etc.He does get diabetes meds and testing strips , without co-pay because of SC. Any help on this ?? ,,Just let me know.

[Berta]

".How did you get VA to recognize your husbands heart attack to the initial manifestation of his AO DMII ? "

His heart attack had been misdiagnosed as a sinus infection.This is a long story-I will be brief-maybe it will help someone else-

Basically when he suddenly dropped dead at age 47 I re opened a Section 1151 claim he had pending.His 1151 claim was concerned that since it took the VA almost a month to properly diagnose a major stroke he had which they called an inner ear infection although he was completely paralysed and could not swallow, see nor hardly speak),he felt his PTSD was being inapproprately treated too and he feared that the VA could also misdiagnose other conditions he might have such as heart disease (which he didnt know he had)or even cause another stroke with their continued improper medical care.

I filed for re open of the 1151 claim after he died (he even insisted I do that hours before he died)and I started suit against VA via FTCA tort claim.

I won both claims.VA admitted to causing his wrongful death.

In 2002 my daughter ,in the military at that time , and I were becoming more aware of the new AO DMII regs.She insisted that dad had exhibited the symptoms of diabetes and wanted me to re open the claim on the DMII AO basis.

For many months she would call me up and ask if I filed the claim yet- I didnt want to deal with them again but finally I pulled out the entire clinical record and discovered that she was absolutely right.

My husband had documented symptoms of diabetes for 6 years prior to his death.I studied all VA chem blood work, and every single entry, studied his MRIs and autopsy etc etc- I had significant medical evidence to support my claim.

But this time I was smart- I obtained 3 independent medical opinions.

When I requested the opinions, I sent a cover letter to his medical records as to how they were tabbed by me as to their significance.

I had already proven malpractice of his HBP, heart disease and strokes, so it was more then likely the VA malpracticed on his DMII that escalated into the totally disabling IHD and CVAs.

My IMO doctor rendered 2 separate opinions and I also had a brief email from a former VA doctor that the BVA gave great weight to.The BVA awarded me a direct service connected death award due to Rod's service in Vietnam causing his malpracticed diabetes mellitus.

The difficult part was I had to study a lot of endocrinology and do a lot of research to make sure that my IMO fee (4,000 for 2 opinions-) was an investment in a claim that would definitely succeed a

[JustPLS]

It sounds to me as if there will be a pretty good chance of getting the effective date back to 2005. What you have written makes it sound like the VA considered a claim for IHD at that time and denied it. Good luck!

[Berta]

"How did you get VA to recognize your husbands heart attack to the initial manifestation of his AO DMII ?"

I had already proven VA had caused his death ( FTCA and 1151 claim)that was based on their misdiagnosis of his IHD,HBP and CVA.

While in the military my daughter started to insist that I re open the claim under the new DMII regs.She claimed dad definitely had exhibited symptoms of DMII.She went overseas but when she returned I still had not re opened the claim.I was reluctant to deal with the VA again.

Finally I studied the entire clinical record, the MRIs, the autopsy, etc again and then read a lot of endocrinology medical texts about diabetes and I realised she was right.

I filed the claim with significant documented evidence of DMII symptomology from the clinical records but this time I also obtained some independent medical opinions whioch agreed with my medical evidence and the undiagnosed diabetes.

The BVA awarded the claim last year. There is no Peace with Honor in a wrongful death.

Now his death is directly service connected to Agent Orange.There is Peace with Honor in that.

I am breezing over all of this- I had to study every single medical symbol and entry,. all blood chem reports, considerable MRI narratives, his ECHO, autopsy etc etc ,do a lot of reading of medical literature, and when I realized the true etiology of his wrongful death- I could leave no stone unturned.

The DMII situation was additional malpractice and as I always say here- malpractice will leave a paper trail.The local VAMC paper trail of malpractice in his records was unsuccessfully covered up by an additional VAMC involved in his 'care'.

[stillhere]

Even though he didn't file for IHD??,,,,,,, I didn't figure he would have a chance at Nehmer because he didn't file a claim on it because ,it wasn't on AO list ..........He filed for DMII ,,after he developed it around a year after his heart attack,,,but we sent all of his private doctor's records in after VA sent for all medical evidence.Thats why they knew about his heart. When he got approval letter that showed, SC compensation. ,,they stated that they couldn't rate him on heart, secondary to DMII because heart attack came first.,,, so that why I don't figure they will consider Nehmer,,,,but you probably know more about how they do things than we do ,,we are all new to all this . My husband didn't start in VA health care until doctors took him out of work in 2006. He signed up for SSDI in 2006 and was approved two or three months later in same year.

When veterans file for anything they usually send in a letter of support for their conditions that will touch on the symptoms they are having. At least I did.

In 2003 when I filed my first claim not only was I diagnosed with DM2 but my private doctor was concerned about is affect on my heart. They sent me in for a complete stress and echo even though ekg's and blood work did not show anything. BUT I was having chest pains at the time and felt something wasn't right. After my work up they said again that I was fine but did note that I had a very low left ventricle ejection of 50%. They wanted to do an angio but first wanted me to start on some meds and lose weight.

In the meantime I was awarded dm2 as I said with PN and 40% total but denied for my chest pains which they stated was not heart disease. All the VA did at the time was a walking treadmill and blood work and ecg. they did not even comment on my cardiogram at all and denied me.

At that time being new like you are now, I took what the gave me and believed my heat was fine. I waited almost a year to file a NOD because I had been rushed to and taken myself to er a few times because of the pain I was having in my chest. Even my PCP at the VA who I was now using for my health care told me that if I ever had chest pains to go to the ER.

Well the VA again had a C&P and still ONLY did a walking treadmill and blood work. In the SOC they stated while I did have hyperdemia I was denied. This was in June of 05 in October a had not one but two heart attacks over a weekend and rushed to ER for emergency stents and angio. I had blockages of 100%/70/ and 40% I have since had another stent placed.

After I got well enough I sent in my claim for the temporary 100% for heart attack and the VA granted it but only to the date of my heart attack! I am now claiming for an earlier effective date based on IHD being added to the presumptive list back to 2003. I also pointed out that with an LVE of 50% per VA standards they either should have granted 60% or scheduled an angio test to find out why the abnormal reading.

Their health care almost killed me at 52!!

Sorry so long but I wanted you to see how Nehmer could come into play.

[VNVetwife]

"How did you get VA to recognize your husbands heart attack to the initial manifestation of his AO DMII ?"

I had already proven VA had caused his death ( FTCA and 1151 claim)that was based on their misdiagnosis of his IHD,HBP and CVA.

While in the military my daughter started to insist that I re open the claim under the new DMII regs.She claimed dad definitely had exhibited symptoms of DMII.She went overseas but when she returned I still had not re opened the claim.I was reluctant to deal with the VA again.

Finally I studied the entire clinical record, the MRIs, the autopsy, etc again and then read a lot of endocrinology medical texts about diabetes and I realised she was right.

I filed the claim with significant documented evidence of DMII symptomology from the clinical records but this time I also obtained some independent medical opinions whioch agreed with my medical evidence and the undiagnosed diabetes.

The BVA awarded the claim last year. There is no Peace with Honor in a wrongful death.

Now his death is directly service connected to Agent Orange.There is Peace with Honor in that.

I am breezing over all of this- I had to study every single medical symbol and entry,. all blood chem reports, considerable MRI narratives, his ECHO, autopsy etc etc ,do a lot of reading of medical literature, and when I realized the true etiology of his wrongful death- I could leave no stone unturned.

The DMII situation was additional malpractice and as I always say here- malpractice will leave a paper trail.The local VAMC paper trail of malpractice in his records was unsuccessfully covered up by an additional VAMC involved in his 'care'.

I admire your strenth and courage through that long ordeal . I am so thankful that you were finely awarded what was due you , I know that it had to be very painful and hurtful , all the work and worry you had to go through ,that's why I admire you so much. I know this information will be very helpful and incouraging for us , and I'm sure it will be to many more people also. May God bless you and take care of yourself , you are an inspiring person , Thank You so much.,God Bless