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doogie

Question

OK!

Diagnosed FEB 1966 with pulmonary artery insufiency secondary to the bicuspid aortic {probably congenital} exact words

Just got my doppler echo report ,it states the heart including all three leaflet valves are normal and the heart structure is normal.

Making that a misdiagnosis and improper and maybe damaging treatment back in 1966

I have had off and on claims for this condition since 1984 finally i just dropped them in 2007 due to health and hospital

On JULY 13 2010 i applied again ,asking them if the VA did not have clear and unmistakable evidence when i entered military service ,i would respectfully request the VA re open my claim for reconsideration

I know they are going t deny me again

Does anyone know if i have a snowball chance of filing a cue claim on this ?

the NAVAL hospital definitly misdiagnosed me in 1966 and now i'm almost a statistic, what do yall think

GO VETS

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"The new murmor which was not present at time of enlistment and happened in an incident for which i was hospitalized in 1966 hopefully opens a door for maybe another claim of some sort,i do not know?"

If there is documentation in your SMRs of the murmer and you can prove (or an IMO doctor can prove) that the murmer has led ,medically to these additional problems,or cause them, then that would be basis for a claim for the heart disease.

If the USN misdiagnosed you -there is no cause of action there due the Feres Doctrine.

If the VA however, continued a misdiagnosis and improper treatment for something you didnt have and if your medical evidence will strongly suggest that the mis medicated and/or continued misdiagnosed condition caused you additional disability ( perhaps the heart disease)_, then you could file a Section 1151 claim.

All of this however will take strong medical evidence and a strong independent medical opinion.

IMOs can be very expensive and one can never predict if the opinion will support the claim.

"I HAVE HAD 13 HEART CATHS WITH 3 STENT PLACEMENTS "

"Just got my doppler echo report ,it states the heart including all three leaflet valves are normal and the heart structure is normal"

you mean 'normal' after the surgical intervention and stents?

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Doogie...

At least one source says that the VA only awards 4% of their claims on "the first round". This means that most Vets, including yourself, will need to go through appealate review before you will be awarded benefits, so hang in there, keep trying and dont give up, if you think you have a valid claim.

It has been my experience with the VA that if you had 3 raters independently rate the same claim, you are most likely to get 3 entirely different results. The VA consists of thousands of different people from different backgrounds and different agendas. Frankly, if you are turned down by one, you simply need to proceed to another one who may well give you what you asked for. There really is no "standard" with the VA, pretty much everything is "shoot from the hip" because, for one thing, the VA admits they dont have adequate training. Use this to your advantage.

If you are not trying to get benefits back to 1966 and are more concerned with getting benefits AT ALL, then I may humbly suggest you try applying again only using a slightly different "condition". That is, if the first time you applied you sought benefits for a "heart condition", then try again and use "pulmonary artery insufficiency" instead. You may get a rater who is more sympathetic the next time. JMHO

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Sounds like an 1151 to me, bearing in mind that I haven't seen anything "official" as of yet. Not a CUE though.

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