ptsd Trying To Get Claim Expedited/service Connected

[Clarke221]

Please forgive my ramblings in advance. So much to say to explain our situation. I posted a little about what is going on in the "introduce yourself" forum yesterday, but thought I would get more in depth here and see what you all have to say.

Here is a timeline of what has happened over the past year regarding my husband's service and health:

October 15, 2009: honorably discharged from the army with 30% disability for knees and back

October 16, 2009: started with National Guard

December 2009: medical testing for new job showed abnormal EKG

May 2010: cardiologist found abnormal EKG, holster monitor for 24 hours, echo cardiogram, all came out showing abnormal heart rhythm, but cardiologist was not concerned

September 2, 2010: landed in hospital with heart rate of 260bpm

September 20, 2010: discharged from hospital after 2 cath labs and implantation of defibrillator

October 28, 2010: VA received letter from us claiming disability for heart, ptsd, eyesight, hearing, and increase on back and knees.

He had heart palpitations throughout his career in the army, but never knew what they were, and the army never examined him for it or took an EKG or any other type of heart tests. He has now been diagnosed with ARVD (Arrhythmogenic Right Ventricular Dysplasia) which is basically a condition that causes cells of the right ventricle to be replaced by a fibrous scar like tissue when they die off. The new tissue does not conduct signals correctly and causes abnormal rhythms and rates. My husband's heart beats at 160bmp now if he does not take his meds. He is on 4 heart meds at the moment to keep his heart strong and at a safe pace.

We have sent an initial letter to the VA to claim disability for his heart, and as stated above, also added ptsd, eyesight, hearing, and increase his back and knee rating. We go on Monday to get a letter from our doctor stating that the ARVD had to be present while he was in the army, as it cannot develop over a period of months, and that his activity in the army (deployment, heavy PT, etc) stressed his heart and more than likely made the condition worse. I have done research and assume that we need a nexus letter, although the army medical records show no history of a heart condition.

We have yet to get confirmation from the VA that they have received the initial claim. I have also been told to try to get it expedited, but I am not sure about how to get that done. I am going to call my congressman today and see if they can help. Is there a form that I need to submit along with a letter from my congressman?

We are in the works of getting together the actual form 21-526, dd214, marriage records, hospital records, etc to send in to back up the original claim sent in October. I know they need to get there within a month of the original claim. Do we need to send in form 21-4138 as well?

He has been off work since he went into the hospital, and his doctor will not clear him to go back at all. So he is on disability from his employer. Some have told us to file for social security disability as well, but a lawyer advised that he will not be approved because he is capable of a desk job, and his disability from his employer pays too much to qualify for additional income from social security.

He is also still serving in the National Guard and they are in the process of getting him to the med board, but that seems to be the last thing on their minds. I know this can take a while, but they haven't seemed to move an inch over the past two months. He had a doctors note for a temporary profile when he got out of the hospital, but that profile has expired and they don't have him on a profile at all at the moment. They excuse him from PT, as he cannot do anything that is physically draining, but there is still nothing on paper saying he cannot deploy or do physical activity.

I'm a little skeptical. Anyone that knows about the VA has told me that we shouldn't have any problems and he automatically qualifies for 100% because he has a defibrillator. I guess I just see them looking down on our claim because he is 25 years old. I'm really hoping we don't get denied and have to go through the appeals process.

Any advice would be appreciated. I'm hoping to have everything we need in a folder and overnighted to the VARO this coming Monday, so if you all have suggestions I will try to include everything in that.

Thank you in advance.

[Berta]

"May 2010: cardiologist found abnormal EKG, holster monitor for 24 hours, echo cardiogram, all came out showing abnormal heart rhythm, but cardiologist was not concerned"

Who employs this cardiologist? Military? VA, or Private doctor?

"Some have told us to file for social security disability as well, but a lawyer advised that he will not be approved because he is capable of a desk job, and his disability from his employer pays too much to qualify for additional income from social security."

I think that would best come from a SSA determination rather then a lawyer.

"He has been off work since he went into the hospital, and his doctor will not clear him to go back at all." This documentation will help his SSA disability claim.

"We have yet to get confirmation from the VA that they have received the initial claim. I have also been told to try to get it expedited, but I am not sure about how to get that done. I am going to call my congressman today and see if they can help. Is there a form that I need to submit along with a letter from my congressman?"

They will need the 21-526 filed before they can do anything with the claim.

I don't feel congressional input will help at this point. You can ask for expeditious treatment along with the 526 or any future evidence you send to them.

They will , upon receipt of the 526 send him a VCAA letter that will state exactly what evidence they need.

"He is also still serving in the National Guard and they are in the process of getting him to the med board, but that seems to be the last thing on their minds"

There are some links here as to MEB information-below this forum.

"Anyone that knows about the VA has told me that we shouldn't have any problems and he automatically qualifies for 100% because he has a defibrillator."

Thousands of Veterans with obvious SC disabilities have traditionally had many problems with the VA.

Does your husband have a vet rep helping him with the claim?

"We go on Monday to get a letter from our doctor stating that the ARVD had to be present while he was in the army, as it cannot develop over a period of months, and that his activity in the army (deployment, heavy PT, etc) stressed his heart and more than likely made the condition worse. I have done research and assume that we need a nexus letter, although the army medical records show no history of a heart condition."

Does he have a complete copy of his SMRs?

If this doctor prepares a IMO (Independent Medical Opinion, whether this is or isn't mentioned in the SMRs- the doctor should have them for review.

Please have the IMO doctor follow the IMO criteria I prepared under "Getting an Independent Medical Opinion" in the IMO forum here.

Edited November 18, 2010 by Berta

[Clarke221]

Berta,

I'm guessing you are questioning the doctor's lack of concern. He stated that people have abnormal rhythms sometimes. I left out that they did a stress test as well. Because they never saw any palpitations or anything other than an abnormal rhythm, they were not concerned. Our cardiologist now says he would have thought the same thing until my husband went in with a heart rate of 260.

[Berta]

My personal experience has made me ALWAYS consider VA negligence when I see something like this- I guess you could say I have VAOLA paranoia.

By overlooking abnormal EKGs- the VA caused my husband's untimely death.(FTCA and 1151 award)

I am glad however that the EKGs were not a medical cause for concern.

Yet that seems to conflict with this:

"We go on Monday to get a letter from our doctor stating that the ARVD had to be present while he was in the army, as it cannot develop over a period of months, and that his activity in the army (deployment, heavy PT, etc) stressed his heart and more than likely made the condition worse."

I do feel he has a good claim for service connection.VA predicted one million claims in the system by end of 2010,I dont have the actual stats.

This is the largest amount of claims they have ever had so this claim will take time but hopefully not take years.

Thank you for helping him on this.

[Clarke221]

"Who employs this cardiologist? Military? VA, or Private doctor?"

This was a private doctor.

"I think that would best come from a SSA determination rather then a lawyer."

I tend to agree. We will give it a try.

"Does your husband have a vet rep helping him with the claim?"

He does not. Do we just go to a local VA office to get someone to help us?

"Does he have a complete copy of his SMRs?"

Yes, we have a complete copy, I will take them with us.

I will say, regarding the abnormal EKGs that the dr was not concerned about. After the diagnosis of his condition, the doctors have determined that the EKGs show the condition, but the only way to diagnose it for sure is a cardiac MRI, which was done during the hospital stay. Because the condition is rare, it is normally not diagnosed just through an EKG, as many people do have simply abnormal heart rhythms.

Thank you for all your help!

[carlie]

Clarke221,

Read Berta's topic at this link to see if you live in a state that is doing

"Quick Pay" or "Express Lane" claims.

Here's a link that deals with PEB & MEB.

http://www.pebforum.com/content/

[hulamatt]

im 99% sure that you can still get SSDI while recieving other payments, however you cannot get SSI which is income based, if it meets a certain limit, which more than likely it does, check the SS website, call the telephone number, or visit local office