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hypertension Re-Opening A Closed Claim That Was Denied
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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
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mountain tyme
Hello, I hope everyone is well. I need an opinion to this claim. A friend of mine asked me if her husband John can re-open two closed claims that were both denied based on a letter they received last week from his Cardiologist.
Here is a little history of his claim.
John put in two claims with the VA for comp. one was for sleep apnea denied 3 years ago because it was not diagnosed while in service or within the 1 year window after retirement. It was diagnosed a little over 2 years later after retirement.
Second claim was for HTN this was denied because the VA stated that “after a 5 day b/p check high b/p was not detected.
What I read in his service military records was that in 87 his
b/p was within HTN levels and the doctor requested a 5 day check . The next medical note made right after that request was made 8 mo. after that appointment with no mention of a 5 day check or a check at all. By this time he had pcs and forgot all about it, he actually said he never recalled the doctor asking for him to have a check done and no mention of high b/p.
In 1988 he ended up in the Cardiac ICU unit at the local hospital the AF base emergency room had his transported there do to arterial fib. 3 days later he was released because it resolved on it’s own. Noted was that the Civilian hospital ICU Cardiologists requested firmly that a catherazation be done to rule out CAD the test was not done due to the base hospital stating It would be performed at a base hospital the test was never done.
A year after that again during a yearly physical again another doctor wrote in his records HTN? Again a 5 day b/p was requested again after reviewing his records I did not see where it was done and neither my girl friend or her husband was aware that the doctor even thought he might have had High b/p.
Her husband did request to see the 5 day checks from the VA since that is why he was denied HTN and that was 2 years ago. Still waiting to see where they found those tests.
Now for the new development.
Last year John had to have a pacemaker put in due to slow heart beats…during his check up his Cardiologist asked him to bring in all his medical records pertaining to stress tests ect. John brought in a copy of his service medical records. After he review them he called John a few days before the pacemaker implantation and asked him if he was ever placed on high blood pressure medicine while active duty or if he was asked about his sleeping habits because of his tension headaches and fatigue he said no they told him he had migraines.
Also in John Medical records were the 5 buddy statements he received from men he shared quarters with thought out his AF career and they wrote that he would snore so loudly that they could hear him down the hall and one of his supervisor wrote a statement that John would come to work often fatigued and he remembered going tdy with him a few times and he did snore so loudly that he had to pay to have a room of his own because he couldn't get a good night rest.
But he was diagnosis with sleep apnea 2 years after he retired from the AF.
When John was sent a copy of his Cardiologist report the doctor put an Addendum to his report it states
“Mr. xxxx has snored loudly his whole life. His neck size has been greater then 17 inches (a strong correlate with sleep apnea risk) since he has been 20 years of age. During his time in the military (he was in the military until 19xx) he had untreated sleep apnea. His untreated sleep apnea likely contributed to his ultimately development of hypertension, symptomatic bradycardia and need for permanent pacemaker implantation.
If you have any questions please contact me."
Sincerely,
Dr. xxxxxxxxxx MD
(This Cardiologist is well known and is best known for his studies in the field of cardiovascular medicine, he also is a professor who teaches at universities about cutting edge developments in his field)
So would this addendum be enough to re-open his two closed claims would this addendum be considered new and material evidence?
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