Heart Condition From Birth--No Problems Now. Need Advice!

[oicclouds]

Hello everyone! I am helping the ex-hubby file a claim. He was active duty Army from 1983-1987. He was an 11B, airborne Ranger.

In 1995, he actually died and was revived at the local hospital. Turns out, he had Wofle Parkinson White syndrome (WPW). He never knew and his doctors in '95 could not believe he had even been let in the Army. WPW is present AT BIRTH!

In 1995, he chose to have what was at that time, still an experimental surgery rather than go on medications. The experimental surgery worked. He has not had any hearts issues since '95.

Since WPW is present at birth, I have finally encouraged him to file a VA claim. We have people that remember him going on sick call in '86, '87 for what he called a "racing heart" and they are willing to write letters. I don't think we need the letters since he was born with this.

Can anyone here advise me on how this claim would be rated via CFR 38? Would he be rated at 0% since he hasn't had problems in all this time?

Thanks so much!

Edited August 22, 2011 by oicclouds

[Interested]

There is no absolute bar to service connection (s/c) for W-P-W (or any other hereditary or familial condition) on either Direct, Presumptive, or Aggravated bases. Several VA Office of General Counsel Precedent Opinions (VAOGCPO) have clarified this.

That said, I believe he should address his claim on a Direct incurrence basis, and then Aggravated if necessary. Unless he was diagnosed with W-P-W or had additional verifiable heart related symptoms within one year of his separation from Active Duty, it would not appear that s/c on a Presumptive Basis is a player here.

If, as you say, your ex-husband did report to a military treatment facility for complaints of racing heart, whatever was written in the Service Medical Records (SMRs) has a great deal more bearing than buddy statements; if I were presented with only the buddy statements and no other evidence, I'd deny this claim.

I suggest your ex- get a copy of his SMRs and review them in detail. He then needs to have his cardiologist review them, and specifically those occasions when he reported to the ER/MTF for a racing heart. The cardiologist must review the records and then provide a medical opinion, or nexus letter, that the treatments on ______ (date), ______ (date), etc., were early manifestations of the W-P-W Syndrome that was diagnosed on ______ (date).

Service connection on an aggravated basis would be very difficult, IMNSHO, because of the time gap from separation to the date of diagnosis. For service connection on an aggravated basis, the familial/hereditary has to aggravated beyond its due course. Because of that 7 year gap, that might be difficult to prove.

As far as the actual rating goes, let's not put the cart before the horse here. I wouldn't care to give a specific number without knowing more information. FWIW, rating criteria for heart conditions are in 38 CFR 4.104 http://www.benefits....ART4/S4_104.DOC ; Diagnostic Codes (DC) 7011 or perhaps 7010 appear to be the most relevant at this time.

Hello everyone! I am helping the ex-hubby file a claim. He was active duty Army from 1983-1987. He was an 11B, airborne Ranger.

In 1995, he actually died and was revived at the local hospital. Turns out, he had Wofle Parkinson White syndrome (WPW). He never knew and his doctors in '95 could not believe he had even been let in the Army. WPW is present AT BIRTH!

In 1995, he chose to have what was at that time, still an experimental surgery rather than go on medications. The experimental surgery worked. He has not had any hearts issues since '95.

Since WPW is present at birth, I have finally encouraged him to file a VA claim. We have people that remember him going on sick call in '86, '87 for what he called a "racing heart" and they are willing to write letters. I don't think we need the letters since he was born with this.

Can anyone here advise me on how this claim would be rated via CFR 38? Would he be rated at 0% since he hasn't had problems in all this time?

Thanks so much!

[mos1833]

Hello everyone! I am helping the ex-hubby file a claim. He was active duty Army from 1983-1987. He was an 11B, airborne Ranger.

In 1995, he actually died and was revived at the local hospital. Turns out, he had Wofle Parkinson White syndrome (WPW). He never knew and his doctors in '95 could not believe he had even been let in the Army. WPW is present AT BIRTH!

In 1995, he chose to have what was at that time, still an experimental surgery rather than go on medications. The experimental surgery worked. He has not had any hearts issues since '95.

Since WPW is present at birth, I have finally encouraged him to file a VA claim. We have people that remember him going on sick call in '86, '87 for what he called a "racing heart" and they are willing to write letters. I don't think we need the letters since he was born with this.

Can anyone here advise me on how this claim would be rated via CFR 38? Would he be rated at 0% since he hasn't had problems in all this time?

Thanks so much!

hi

to my knowledge he has to be diagnosed with that now.you said the surgery fixed him.hes gona need some kinda of connection,or a nexus to service.

[oicclouds]

We have his SMR's. They are incomplete. ????

He was in a major car accident in 1985 on the way back from leave to Ft. Benning, GA. Treated by civilian hospital, followed up at Ft. Benning. ....nothing in the SMR we received.

He went on sick call for the racing heart issue, I know of 2 times b/c we were already dating. ...nothing.

Also, no record of his outprocessing when he got out.

All we got were copies of the surgery he had at Tripler Army Hospital in 1986 (related to the car accident in 1985).

Where are the rest of his SMR's?

~Vicki

[Berta]

He should contact NARA via:

http://www.archives.gov/veterans/military-service-records/

He can make the request for his complete military records on line or print off the SF 180, sign and copy and mail to where the site directs him to send it.

If requesting in line- unless this has changed since I last used it-

he will need to print off a bar coded form, sign that, make copy and mail that to where they direct him to send it-

He should request copies of his complete service medical records and his personnel file.

[Chuck75]

"In 1995, he chose to have what was at that time, still an experimental surgery rather than go on medications. The experimental surgery worked. "

"He has not had any hearts issues since '95"

If this is the case, I don't see any on the surface basis for a current claim. (Unfortunately)

Even if the VA was to say that the condition was service connected (Very, very unlikely)

the schedular rating would likely be 0%

To get the claim awarded, with a preservice condition, you would have to get medical opinions

based upon the medical records that connected the "racing heart" mentioned to the pre-service condition, and that service somehow caused the condition to increase in severity.

It's certainly possible that the medical records and other evidence might be sufficient to form the basis for a claim. My comment is based only on the above quoted statement.

A VA RO will likely say that no current heart problems exist, and have not since 1995, and deny. Naturally, this is my opinion, for whatever it's worth, not legal advice.

It's given solely to show some of the "pitfalls" you will most likely encounter in pursuing such a claim.

Edited August 23, 2011 by Chuck75